DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __ 30_ _ OF ___2018
DATE OF FILING : 01.03.2018 DATE OF PASSING JUDGEMENT: 17.8.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : 1. Debasis Roy, Vill. Bhabanipur, Mukundapur, P.S Ramnagar Noorpur, South 24-Parganas, Pin-743368
2. Kuntala Roy, wife of Debasis Roy.
O.P/O.Ps : Branch Manager, Bank of India, Noorpur Branch, Noorpur, P.S Ramnagar, South 24-Parganas, Pin-743368.
_______________________________________________________________________
J U D G M E N T
Sri Ananta Kumar Kapri, President
Slashing of maturity value of the fixed deposit amount by the O.P Bank in the garb of TDS without any intention to credit the same to the coffer of Central Government has been the source of anxiety to the complainants and, therefore, to get rid of such discomfort , the complainants have filed the instant case under section 12 of the C.P Act, 1986 .
The facts leading to the filing of the instant case may be epitomized as follows.
The complainants made fixed deposit of Rs.50,000/- on 24.3.2014 with the O.P Bank for a fixed term of three years. The maturity value to be paid to the complainants was Rs.65398.36 and the maturity date was 24.3.2017. Upon maturity of the said amount, the O.P Bank paid Rs.61,139.31 to the complainants by way of credit to their savings bank account maintained with the bank and this amount was short of Rs.4259.05 of the maturity value. The Bank gave out that the said amount was deducted as TDS ,but no TDS Certificate was supplied to the complainants even after vigorous persuasion by them. Thereafter, Form 16 i.e TDS was issued to the complainants on 9.2.2018 and the complainants came to know therefrom that Rs.3376/- has been deposited as TDS only in the account of the Central Government. There is no trace of the balance amount of deduction i.e Rs.838.05 as yet and, therefore, the complainants pray for refund of Rs.6213/- and also for payment of a sum of Rs.30,000/- as compensation for harassment and mental agony . Hence, arises the instant case.
Notice of the case was served upon the O.P Bank and O.P Bank also entered into appearance in this case. But no written version of their statement has been filed inspite of giving last chance to them and, therefore, the case is heard exparte against them.
The petition of complaint is treated as evidence of the complainants vide his petition dated 31.5.2018. The documents filed on behalf of the complainants are also treated as evidence of the complainants and are kept in the record.
DECISION WITH REASONS
The only allegation which has been levelled against the bank authority i.e O.P is that the bank has slashed the maturity value of the fixed deposit amount of the complainants on the pretext of deduction of TDS.
In the instant case, the O.P Bank has chosen not to contest the case and it implies that the bank has nothing to contradict or controvert against what is stated by the complainants. The version of the complainants is ,therefore, accepted as being unchallenged and unontroverted.
A copy of statement of TDS deduction, issued by the O.P Bank, has been filed on behalf of the complainants and on perusal of this document dated 19.7.2017 of the bank ,it appears that the complainants were given an amount of Rs.85.15 as interest in the financial year of 2013- 2014 and it is also found therefrom that a sum of Rs.2010/- has been deducted as TDS by the Bank on 29.3.2014. We know very well that TDS is deducted upon interest whenever it accrues. Coming to the facts of the instant case ,it is found that the interest is Rs.85.15 and the amount of TDS deduction is Rs.2010/- . Such a deduction of huge amount seems to be nothing but a capricious and whimsical act on the part of the Bank. TDS deduction seems to be not made by the bank authority in proper manner and there is negligence personified in the bank in so far as this deduction of TDS is concerned. It is also the case of the complainants that no F-16A has been supplied to them by the bank authority. F-16As have been supplied to them only on 9.2.2018 and this is only after the alleged complaint by the complainants before the Department of Consumer Affairs. A perusal of TDS Certificate i.e F-16A reveals that the entire amount which has been deducted by the bank authority has not been deposited in the account of the Central Government. A copy of F-16A collected from Centralized Processing Cell of TDS are filed by the complainants and the same are kept in the record. The statement of TDS deduction is also filed by the complainant and the same is also kept in the record. From the statement of TDS deduction by the bank it is found that a sum of Rs.6761/- has been deducted by the Bank as TDS for the interest accrued to the complainants in various F.Ds made by them with the Bank. But the 4 TDS Certificates last updated on 8.2.2018 and collected from the Centralized Processing Cell go to show that only a sum of Rs.3376/-has been deposited with the account of Income Tax Department. Is it not gross negligence on the part of the O.P Bank? It is gross negligence on the part of the O.P bank and they have not discharged their duty properly, in so far as the deduction of TDS and deposit of the same with the Central Government are concerned. This is not only gross negligence on the part of the O.P Bank ,but an act of dishonesty. The Bank has collected amount from the customer as TDS and the same has not been deposited with the Central Government. So, there is also lack of transparency in the act of the Bank and all these surely constitute a deficiency in service on the part of the O.P Bank.
Withdrawal of the money from the account of the customer on the pretext of deduction of TDS and failure to deposit the same with the account of Income Tax Department is certainly a dishonest act. It is also misappropriation of funds of the innocent customers. This type of capricious act on the part of the Bank is never desirable and such typical act also causes tremendous hardship and harassment to the consumers and consumers are forced to put up with discomfort of harassment and mental anxiety due to such act of the bank. The bank is found guilty of deficiency in service in this regard also and they will have to pay penal compensation to the consumers for harassment and mental agony suffered by the complainants. To impose penalty by way of compensation is the only way open to put the erring horse on right track.
Coming to the facts of the instant case, it is found that the maturity value of the fixed deposit amount of the complainants was Rs.65,398.36 and they have been paid Rs.61,139.31 by way of credit to their account maintained with the bank. The bank has also credited Rs.3,376/- in the account of Income Tax Department and, therefore, it is found that the complainants are yet entitled to get Rs.883.05 from the O.P Bank as balance amount of maturity value of their fixed deposit.
In the result, the case succeeds and the order is passed accordingly as hereunder.
Hence,
ORDERED
That the complaint case be and the same is decreed exparte against the O.P Bank with a cost of Rs.10,000/-.
The O.P Bank is directed to pay Rs.883/- to the complainants as the balance amount of the maturity value of their fixed deposit a/c no.433145110001852 which is yet to be paid to them and also to pay a further sum of Rs.50,000/- as compensation for dishonest activity of the Bank , out of which Rs.20,000/- will be paid to the complainants as compensation for harassment and mental agony caused to them by the bank and Rs.30,000/- will go to the Consumer Legal Aid Fund of this Forum.
The aforesaid amounts will be paid within a month of this order, failing which all the amounts as referred to above will bear interest @10% p.a till full realization thereof.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
