PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 123/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Rakesh Agrawal, 

S/O- Ram Kishor Agrawal,

R/O-Remed Road, PO/PS-Khetrajpur,

Dist-Sambalpur, Odisha-768003                                   …………........Complainant

Vrs.

1. The Branch Head, AXIS Bank LTD,

Main Branch, PO-Budharaja, PS-Ainthapali,

Dist-Sambalpur-768004, Odisha.

2. Assistant Commissioner of Income Tax,

Central Circle, Sambalpur, At-Ainthapali,

Ps-Ainthapali, Dist-Sambalpur-768004               .…...…….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. S.S.Sahu, Adv. & Associates
2. For the O.P. No.1 & 2        :- Ex-parte

Date of Filing:14.08.2023,     Date of Hearing :05.12.2023      Date of Judgement : 29.01.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant is a customer and having a bank account in the Bank of OP No. 1 which providing Banking services and having its offices at Sambalpur and amongst other branches throughout the country. The Complainant has generated a challan form on dtd. 02.05.2023 for making payment through pay at bank counter mode for an amount of Rs. 10,000/- as Appeal fee for Assessment Year 2013-14, Financial Year 2012-13, against his PAN NO. ALHPA3599C. Seeing the discrepancy, the Complainant intimated OP No. 1 to resolve the issue. The OP No. 1 asked the Complainant to come with ID and password to lodge an online complaint before the Income Tax Authority to resolve the issue. On dtd. 08.05.2023 when the Complainant had been to OP No. 1 to enquire about the status of his complaint, surprisingly the OP No.1 handed over a letter to the Complainant to submit the same before OP No. 2, requesting for rectification of assessment year and financial year in self-assessment tax challan. When the Complainant rushed to OP No. 2 in order to submit the letter, the OP No. 2 flatly refused to receive the same by saying that the letter so written by the Bank can’t be acted upon. Again, the Complainant returned back to OP No. 1 and requested to resolve the issue and OP No. 1 assured to look into the matter at an earliest, but in vain. When both the OPs failed to resolve the matter in time, finding no other alternatives, to file the appeal fee in due time i.e on or before 31.07.2023, again the Complainant compelled to generate a challan for Rs. 10,000/- and deposited the amount for Assessment Year 2013-14, 2012-13, with much difficulties, to avoid further inconvenience. And as per the advice of CA, the Complainant submitted a letter to the OP No. 2 on 31.07.2023, but no action has been taken. Due to fault of OP No. 1, the Complainant run from pillar to post for a continuous period of three months, suffered tremendous physical & mental agony and financial loss as well.
2. The Written Statement of the O.P No. 2 is that the Complainant filed a rectification petition before the OP No. 2 on 24.05.2023 for correction of Assessment Year from AY 2012-13 to AY 2013-14 in challan No. 08984. On receipt of the rectification petition, the OP No. 2 initiated action for necessary correction of the challan referred above. When the challan details as provided by the applicant assessment was verified from the ITBA, the same was not available in the database. The challan details provided by the applicant with not showing in the OLTAS Module of the ITBA application. As such, necessary token was raised with ITBA Helpdesk Services by the OP No. 2 on 09.06.2023 to resolve the issue at the earliest. However, no solution was provided to the OP No. 2 as such the issue remained unresolved. The OP No. 2 was checking regularly the challan details filed by the applicant in the intention to make correction and to attend to the grievance of the applicant. When the challan details got reflected in the OLTAS Module, immediately the same was corrected on 13.10.2023 and the same is pending before the Central Processing Centre Bangalore for updating the correction. Mistake in the challan deposit has occurred while making payment in the concerned branch of the banking service provider, Axis Bank Limited. The OP No. 2 has lost no time and moved into taking necessary steps to resolve the grievance of the applicant from the very beginning. The issues could not be resolved at the earliest due to technical issues in the ITBA which is not in the control of the OP No. 2.
3. From the submission of the both the parties and records available it is found that Mistake in the challan deposit has occurred while making payment in the OP No. 1, branch of the banking service provider, Axis Bank Limited and the Complainant sustained heavy financial loss due to negligence and deficiency in service of the OP No. 1. Accordingly the case is disposed of with following order.

ORDER

The O.P No. 1 is directed to pay Rs. 10,000/- towards deposit of first challan amount deposited on 2.5.2023, Rs. 50,000/- towards deficiency in service, mental agony and suffering as compensation to the Complainant and Rs. 10,000/- towards litigation expenses to the Complainant within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 29^th day of Jan, 2024.

Free copies of this order to the parties are supplied.