Final Order / Judgement | - Case of complainant is that she was having one RD account with O.P. Bank vide A/c no.46560300000283 on 13.08.2014 for monthly deposit of Rs. 2000/- for a period of 36 months and in total she had to deposit an amount of Rs. 72,000/- and on maturity she will get Rs. 82,900/- with interest @ 9.05% and she was also having a saving bank account with the same branch of O.P. vide account no. 46560100001699. It is alleged That in her RD account, her husband had deposited Rs. 1000/- by cash and Rs. 1000/- by cheque no. 17 of her husband on 09.01.2017, but the O.P. credited the cash amount of Rs. 1000/- but due to technical problem they could not credited the cheque amount of Rs. 1000/- in her R.D. account, for which, she had paid in total Rs. 73,000/- against the Rs. 72,000/-.Further it is alleged that on maturity, she was paid Rs. 82,900/- after two months of maturity date i.e. on 20.10.2017 instead of dated 13.08.2017.It is also alleged that complainant had taken a loan for amount of Rs. 70,000/- on 18.05.2017 with a hope to clear up the loan amount immediate after getting the maturity of Rs. 82,900/- on dated 13.08.2017, but due to non maturity in time she had to pay interest of Rs. 945/- for the said two months and also the O.P. did not issue the clearance certificate against the said loan account, thus alleging deficiency in service of O.Ps she filed this case claiming Rs. 1000/- with interest, Rs. 82,900/- with interest for the period from 13.08.2017 to 24.10.2017, to refund the interest amount of Rs. 945/- paid by her and also to pay Rs. 30,000/- and Rs 25,000/- towards compensation and costs of litigation to her.
- The O.Ps have appeared in this case through their Ld. Counsel, who filed joint counter version on behalf of both O.Ps admitting the accounts of complainant having with them, but denied the allegations contending that each and every transactions regarding interest, maturity value are decided by certified computerized programme recommended by the R.B.I. and the O.P. bank has no role over it’s parameter. Further contended that the maturity amount of complainant is based on TDS (Sec – 194A) and the complainant has got the interest benefit of Rs. 11,231/- which is more than Rs. 10,000/- and subject to be calculated on TDS @ 10% on 11,231/- which comes to Rs. 1,124/- and the same amount was deducted from the maturity amount of Rs. 82,900/- and TDS on interest of Rs. 42/- was deducted from the above amount and simultaneously the complainant got interest of Rs. 564/- for 71 days and excess amount of Rs. 1,000/- and in total the complainant should be paid Rs. 82,734/- on maturity, but as per conditions of the said R.D. account, the O.P. bank has already paid Rs. 82,900/- to the complainant, thus showing their no deficiency in service, they prayed to dismiss the case.
- Parties have filed certain documents in support of their submissions. Perused the case record and material documents available therein.
- It is an admitted fact that the complainant having one RD account with O.P. Bank vide A/c no.46560300000283 on 13.08.2014 for monthly deposit of Rs. 2,000/- for a period of 36 months and in total she had to deposit an amount of Rs. 72,000/- and on maturity she will get Rs. 82,900/- and she was also having a saving bank account with the same branch of O.P. vide account no. 46560100001699. The allegations of complainant is that her husband deposited Rs. 1000/- by cash and Rs. 1000/- by cheque no. 17 from his account on 09.01.2017, but the O.P. credited the cash amount of Rs. 1000/- but due to technical problem they could not credited the cheque amount of Rs. 1000/- in her R.D. account, for which, she had paid in total Rs. 73,000/- against the Rs. 72,000/-, which is also not disputed one. It is a fact that on maturity she was paid Rs. 82,900/- after two months from the date of maturity i.e. on 20.10.2017 instead of dated 13.08.2017 and the same is not disputed by the O.P. The main allegation of complainant is that she was to entitled Rs. 1,000/- being paid through cheque of her husband with interest. Whereas the O.P. filed document related to payment of maturity including TDS which was marked as annexure – 1 to prove their submissions.
- We have gone through the documents filed by the parties and ascertained that the O.P. bank has paid total amount of Rs. 82,900/- against the actual amount of Rs. 82,734/-. At the time of hearing, the O.P. bank represented through the Branch Manager, Bank of Baroda, Malkangiri alongwith their Ld. Counsel, who elaborately explained about the procedural systems of payment made to the complainant as follows :- “Total interest gained through both account of complainant for the financial year from 2016-17 is for Rs. 11,231/- and as per TDS deduction of 10% comes to Rs. 1,124/- and interest of TDS i.e. 1124/- X 9.05 % for 1124/- is for Rs. 42/-, so the total amount comes to Rs. 81,734/- alongwith Rs. 1,000/- being excess paid by the complainant, is finally comes to Rs. 82.734/- which the complainant should get. But considering the terms and conditions of the aforementioned R.D. account, the O.P. bank paid total amount of Rs. 82,900/- which is excess of Rs. 166/- i.e. (Rs. 82,900 - Rs. 82,734/-), hence there is no deficiency in service at all on their part.”
Further the O.P. Bank has clarified that as per provisions of I.T. Act, they have deposited the tax with the Govt. wherein the amount of Rs. 1,000/- being excess paid by the complainant was also included. They have filed document to that effect also. We have gone through the said document i.e. Statement of TDS under section 200(3) of the I.T. Act, 1961 dated 19.04.2017 and found that the complainant is entitled for Rs. 1,000/- alongwith its interest from the date of deposit by the bank with the Govt. Further the O.P. bank has clarified that on application for TDS form they will supply the TDS certificate under form 16 A of the said Act to the Complainant and after depositing the same with the Govt., the complainant will get the disputed amount of Rs. 1,000/- with interest. Further the O.P. has submitted that inspite of several approaches to the complainant she never comes to the bank to obtain the TDS Form, otherwise, the complainant could have received the excess amount alongwith its interest from the Govt. - From the above observation, we think the complainant had not been properly clarified on the point of taxation system of Govt. for which he filed this case. Hence we direct the complainant to receive the TDS form from the O.P. Bank for the concerned period and also the O.P. is herewith directed to extend their cooperation to the complainant, whenever he comes to their bank. Hence this order.
ORDER Considering the above discussions, the complaint petition is herewith dismissed having no merit. However, considering the above discussions, the complainant is herewith directed to receive the TDS Form from the O.P. bank in proper way and the O.P. bank is also herewith directed to extend their cooperation to the complainant whenever she goes to the bank. No order for compensation. Parties to bear their own costs. Pronounced in the open Forum on this the 22nd day of April, 2019. Issue free copy to the parties concerned. | |