19....24.01.2022...
The Ld. Advocate for the complainant is present today. The final order containing 6 pages is ready. It is sealed and declared in open Commission/Forum.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed on contest against the opposite parties with a cost of Rs. 7,000=00 (Rs seven thousand) only.
All the opposite parties are directed jointly/severally to refund unpaid T.D.S. amount Rs.10,970/- only with 7% p.a. simple interest since the date of maturity of the 2nd receipt i.e. 2/12/2017 till to the realization and within 60 days from the date of issuing this order.
The opposite parties are also directed to pay jointly/severally compensation amount Rs. 15,000=00 ( Rs. fifteen thousand) only within 60 days from the date of issuing this order; otherwise, compensation and costing amount will bear 6 % p.a. simple interest from the date of issuing this order till to the date of realization and after 60 days, the complainants is at liberty to execute this award through the machinery of this Learned Commission.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24 PARGANAS
Amantran Bazar, Baruipur, Kolkata-700144
C.C.No- 192 of 2019
Date of filing Date of admission Date of Final Order
04/12/2019 4/12/2019
Present : President : Asish Kumar Senapati
Member : Jagdish Chandra Barman
Member : Sangita paul
Name of the Complainant : 1] Smt. Avamoyee Ghosh
Wife of late Manindra Chandra Ghosh
South Bidhangarh
P.O. –Bidhangarh
P.S.-Rabindra Nagar
Kolkata-700066
Name of substituted complainants- 1] Mr. Amit Kumar Ghosh [son]
2] Mr. Manabendra Ghosh [son], and
3] Smt. Sukla Ghosh [daughter]
Care of late Avamoyee Ghosh
All are residents of - South Bidhangarh
P.O. –Bidhangarh
P.S.-Rabindra Nagar
Kolkata-700066
Name of Opposite Parties- 1. The Branch Manager
Bangiya Gramin Vikash Bank
Santoshpur Branch
Kolkata-700066.
2. The Regional Manager
Bangiya Gramin Vikash Bank
Snehya Deed Building
Office South Region
24 Parganas [south]
Garia Station Road,
P.O.- Garia
P.S.- Sonarpur
Kolkata-700084
Name of the advocate of the complainants:- Mr. Sayantan Banerjee
Name of the advocate of the O. Parties:- Mr. Amal Kumar Das
Sri Jagadish Chandra Barman, Member
The facts leading to the filing of the instant case by the complainants may be
precised as follows -
This is a complaint case under Section 35 of the Consumer Protection Act 2019.This complaint case was filed by the complainant Mrs. Avamoyee Ghosh , wife of late Manindra Chandra Ghosh, in this learned Commission on 25/11/2019 against the above mentioned Opposite Parties. The materials of the documents of this instant case was perused, heard the grievances of the complainant on 4/12/2019 and the case was admitted on 4/12/2019. Thereafter, show cause notices upon the Opposite parties were served in time as per the postal track reports.
The complainant clearly stated in her complaint petition that her husband late Manindra Chandra Ghosh and the complainant deposited jointly a sum of 90,000/- on 24/12/2011 and Rs. 1,00,000/- on 27/12/2012 in total Rs.1,90,000=00 only in the Bangiya Gramin Vikash Bank, Santoshpur branch, Kolkata-700066 as fixed deposit for a period of 5 years. It was fixed in two separate receipts, one account no- 5495140005234 for Rs. 90,000=00 only with a maturity value of Rs. 1,47,475=00 only and another account no- 5495140005869 for Rs. 1,00,000=00 only with a maturity value of Rs.1,63,862=00 only.
It is also stated clearly in the petition that her husband Mr. Maninda Chandra Ghosh was deceased on 12/4/2015 and subsequently her husband’s name was deleted from the said two fixed deposit receipts. Thereafter, name of Smt. Avamoyee Ghosh was recorded as 1st holder in the said two fixed deposit receipts.
After maturity, the petitioner had received a sum of Rs. 1,38,663.00 only against fixed deposit Rs. 90,000=00 only after deduction of Rs.8,812=00 only as T.D.S. and Rs. 1,52,879=00 only against the fixed amount Rs. 1,00,000=00 only after deduction of Rs.10,983=00 only as T.D.S. Both amount was credited in her [complainant] State Bank Account no- 5495010000737. The deduction amount Rs. 19,795=00 only was done due to T. D.S. as per statement given by the petitioner in her complaint. T.D.S. certificates were issued in favour of her husband and te complainant against aforesaid 2 F.D.R.
It is also stated in her petition that a total sum of Rs. 8,825=00 only was deposited as T.D.S. against the aforesaid 2 fixed deposits. Hence, as per statement, Rs. 10,970=00 only is still with the O.P. No- 1.
The learned advocate, Mr. Debnarayan Banerjee on behalf of the complainant also sent consecutively 2 notices to the O.P. no-1 on 24/3/2017, & 5/7/2017 requesting to refund Rs. 10,970=00 only to the Complainant. Even Mrs. Avamoyee Ghosh wrote 2 consecutive letters to the O.P.No- 2 to refund the mismatch amount of Rs. 8,532/- only in her Account. After the death of the complainant, the substituted complainant Mr. Amit Kr. Ghosh, son of Late Avamoyee Ghosh, also submitted to the O. P. Form No 26AS and 15H on 05/7/2017. As well as the Branch Manager sent a letter along with copies of letter of Mr. Amit Kr. Ghosh and tabular sheet on 17/7/2017 to the Regional Manager of Bangiyo Gramin Vikash Bank, here O.P. No-2 and informed the litigation of T.D.S.
As per statement, the deducted T.D.S. amount of Rs. 10,970=00 only by the O.P. has not refunded till now to the complainant. So the complainant Mrs. Avamoyee Ghosh filed this complaint before this learned Commission of South 24 Parganas within the period of cause of action praying to issue -
A] Direction upon the O.Ps. to pay a sum of Rs. 19,746=00 only including interest;
B] Direction upon the O. Ps. to pay Rs. 1,00,000=00 only as compensation for mental agony, harassment etc. for deficiency of service and unfair trade practice
C] Direction upon the O.Ps. to pay a sum of Rs. 50,000=00 only as litigation charge ; and
D] Direction upon the O.Ps. to issue any other order as the Learned Commission may deem fit.
In the meantime and during the running period of this instant case, the complainant Mrs. Avamoyee Ghosh was deceased on 18/10/2020 and a death certificate was issued by the Kolkata Municipal Corporation dated 18.11.2020 in the form 6 bearing no-0173285.This death certificate is furnished in the instant case .Thereafter, an application to substitute the name of complainant was filed by Mr. Amit Kumar Ghosh on 14/01/2021 and later on 04/03/2021. Mrs. Avamoyee Ghosh was deceased leaving her two sons name - Amit Kumar Ghosh and Manabendra Ghosh, and a daughter name Sukla Ghosh. The substitution prayer was considered and another complaint petition was filed by Mr. Amit Kumar Ghosh, Manabendra Ghosh and Smt. Sukla Ghosh before this Learned Commission on 4th March 2021.They prayed to get back the paid TDS amount including interest Rs.1,9746/- only, compensation amount Rs. 1,00,000/- only and cost of litigation Rs. 50,000/- only. The copies of complaint petition were also sent to the Opposite Parties directing to appear on 8/11/2021 before the Commission. But the O.Ps. did not appear.
The O. Ps. received the complaint petition of the first complaint on 21/12/2019 and the resubmitted complaint petition on 30/3/2021 and 5/4/2021.
Accordingly, the opposite parties filed their written version on 7th February 2020 before this Ld. Commission. In their written version the O. Ps. have clearly stated, “they are the Government Enterprise Concern and they had no any kind of intention to provide deficiency of service and or they had no any intention to provide any kind of gross negligence upon the said complainant. In spite of that the said complainant has filed this complaint case against the opposite parties [Bank].”
In para 5 of the written version, the O.Ps. have clearly stated,” ….The opposite party no-1 and also opposite party 2 or opposite parties always made their advising that they shall refund the said amount of money of Rs. 19,746/- which has been inadvertently notice through computer observation for amount of TDS and or TDS which reflects as remarks as MISMATCH, as a result the opposite parties has not able to repay and or refund the said TDS amount in favour of the said complainant. But he opposite parties always agreed to refund the said TDS amount in favour of complainant…as early as possible.”
It is also clearly stated in para 8 of their written version,” that your petitioner /opposite parties/Bank submits that considering above true facts, your said complainant would be entitled to refund the said deducing of TDS amount and the said Bank /opposite parties is also agreed to refund the said deducting TDS amount in favour of the said complainant within 30 days from the date of the passing order by this Learned Forum for this instant case.”
The Bank Manager Mr. Barun Kundu on behalf of the Bangiya Gramin Vikash Bank also requested to reject both the complainant and petition of the instant case.
Upon the averments of both sides, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Are the complainant[s] a consumer?
2] Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainant?
3] Are the complainants entitled to get relief /relieves as prayed for?
EVIDENCE OF THE COMPLAINANT
The learned advocate of the complainants submitted evidences on affidavit on 28/2/2020. The opposite parties filed their written version on 7th February 2020 before this Ld. Commission.
DECISIONS WITH REASONS.
Point Nos. 1, 2, & 3:
Attracted by high return on maturity, the complainant Mr. Manindra Chandra Ghosh and Mrs Avaoyee Ghosh jointly had invested a sum of Rs. 90,000/- and Rs. 1,00,000/- only in total Rs.1,90,000=00 ( Rs. One lac and ninety thousand) only for a period of 5 years in the Bangiya Gramin Vikash Bank, Santoshpur Branch, Kolkata-700066. Mr. Manindra Chandra Ghosh died on 12/4/2015 and his name was deleted from said 2 fixed deposit receipts. The name of 1st complainant was recoded as 1st holder in both F.D.R. In the written version, the opposite parties have agreed as to the investment.
After 5 years,Mrs. Avamoyee Ghosh received Rs. 1,38,663/- only against the fixed deposit of Rs.90,000/- after deduction of Rs.8,812/- only as TDS and Rs. 1,52,879/- against fixed deposit amount Rs. 1,00,000/ only after deduction of Rs.10,983/- as TDS.
Therefore, it is transparent to us that the complainant Ms. Avamoyee Ghosh and substituted complainants all are consumer under Section 2 (7) of the Consumer Protection Act 2019.
As per TDS report only Rs. 8,825/- has been deposited by the O.P.. no- 1 In the Income Tax Deptt. and Rs. 10,970/- only is still available with the O.P.No 1. Mrs. Avamoyee Ghosh received both amount except TDS amount after maturity of 5 years in her State Bank Account no- 5495010000737. Then Mrs. Avamoyee Ghosh had informed the matter through the advocate Mr. Debnarayan Banerjee on 24th March 2017 and 5th July 2017 to the O.P.no.1 ,2 and requested them to refund the available and unpaid TDS amount Rs. 10,970/- in her account. Mrs Avamoyee Ghosh, here the complainant, personally wrote 2 consecutive letters to the O.P. No 2 to return unpaid TDS amount.
But the opposite parties did not pay any heed upon the anxiety, tension and harassment of the complainants. The O.Ps. altogether did not refund her TDS amount even before the submission of this instant case in this D.C.D.R. Commission.
This type of harassment, negligence to perform their duty in time and irresponsible attitude on behalf of the Bangiya Gramin Vikash Bank here O.P. No. 1 & 2 tantamount to deficiency in service under section 2[11] and unfair trade practice under section 2[47] of the C. P. Act 2019
So, we are of the opinion that each of the substituted complainants is entitled to get back equal portion of the unpaid TDS amount Rs.10,970=00 only including @Rs. 6% simple interest since 27/12/2017 till to the date of realization from the opposite parties either jointly or severally.
Hence, all the opposite parties are jointly /severally liable to be penalized Rs. 7,000/- only as costing, Rs. 15,000/- only as compensation amount for deficiency of service and unfair trade practice occurred on behalf of all opposite parties.
In the long run, the complaint case is succeeded.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed on contest against the opposite parties with a cost of Rs. 7,000=00 (Rs seven thousand) only.
All the opposite parties are directed jointly/severally to refund unpaid T.D.S. amount Rs.10,970/- only with 7% p.a. simple interest since the date of maturity of the 2nd receipt i.e. 2/12/2017 till to the realization and within 60 days from the date of issuing this order.
The opposite parties are also directed to pay jointly/severally compensation amount Rs. 15,000=00 ( Rs. fifteen thousand) only within 60 days from the date of issuing this order; otherwise, compensation and costing amount will bear 6 % p.a. simple interest from the date of issuing this order till to the date of realization and after 60 days, the complainants is at liberty to execute this award through the machinery of this Learned Commission.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Dictated and Corrected by me.
[Jagadish Chandra Barman]
