PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-233/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Mr. Bhawani Shankar Hota,

Secretary, Prabhabati Devi Panipanchayat,

Unit-31 (Huma Tail Distributary), Sason Canal,

At/Po-Bargaon, Via-Dhama, Ps-Dhama,

Dist- Sambalpur-768113, Odisha                                  ...………..Complainant

                                      Versus

Branch Manager, State Bank of India, Malti Gunderpur,

At/PO-Malti Gunderpur,

Via-Dhanupali, Ps-Dhama,

Dist-Sambalpur-768005                                                          .…………...Opp.Party

Counsels:-

1. For the Complainant         :- Sri. N. Barpanda, Adv.
2. For the O.P.                        :- Sri. A.K. Dash, Adv.

Date of Filing:13.12.2023,  Date of Hearing :11.03.2024  Date of Judgement : 16.04.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant is elected as the Secretary of Panipanchayat for Parmanpur Panipanchayat. A SB account is standing in the name of the Panipanchayat at the OP Bank. On perusal of the pass book of the said account it is found that on dtd. 28.12.2021 a debit entry of Rs. 82,00/- is shown in the above account under the head Particulars and the description is read as,”TDS 194N ON CASH WDL 699174064226 AT 06422 MALTIGWNDARPUR”. Likewise, on dtd. 22.02.2022 another debit entry of Rs. 1,40,000/- shown in the above account under the head Particulars the description is also read as ,” TDS 194N ON CASH WDL 699174064226 AT 06422 MALTIGWNDARPUR”. While going through PAN statement, only one amount of Rs. 8,200/- is reflected. The amount of Rs. 1,40,000/- is not showing in the said Annual Statement. Due to this problem, the Complainant is unable file the IT Return within the stipulated time and missed the dateline. Under the seal & signature of the President and the Secretary of the Pani Panchayat/ Complainant, a representation was made to the OP but even after one year, no information has so far been received by the Complainant  although sent of a legal notice was given.
2. The Written Statement of the O.P is that  due to technical problems though this OP has tried level best to update the entry of Rs. 1,40,000/- but could not succeeded to do so. As a result, the said entry did not reflect in the account of Income Tax Dept. The Complainant himself admitted that it is a silly mistake. This mistake is not intentional nor any motive behind it, due to technical problems this unwarranted situation was created. The OP Bank is a also trying to resolve the problem at the earliest but as the OP’s Branch was remote branch, the Technicians made late to resolve the issue and most importantly the PAN number was not updated in CIF as CIF was wrongly opened as personal CIF in place of Non-personal. And the same was converted to Non-personal on dt. 19.07.2022. This is the only cause for delay in updating of Account of the Complainant. The OP has already refunded the amount Rs. 1,40,000/- which is shown in his account. The problem was out & out technical as such, the Complainant is not liable to get any compensation and litigation expenses as has mention in his petition.
3.  After perusal of the submission of the both the parties and records available it is found that the OP himself admitted in his Version that due to technical problems the OP although tried level best to update the entry of Rs. 1,40,000/- but could not succeeded to do so. The Technicians made late to resolve the issue and most importantly the PAN number was not updated in CIF as CIF was wrongly opened as personal CIF in place of Non-personal. And the same was converted to Non-personal on dt. 19.07.2022. This is the only cause for delay in updating of Account of the Complainant. However, the OP has mentioned in his Version that the OP has already refunded the amount Rs. 1,40,000/- which is shown in his account. But in this regard there is no evidence submitted by the OP. In such circumstances

It is ordered that the Complaint is allowed on contest. The O.P is directed to refund the amount of Rs. 1,40,000/- to the Complainant as per the procedure laid down in the Income Tax Act, 1961, refund rules if not refunded to the Complainant, Rs. 15,000/- towards deficiency in service , mental agony and suffering as compensation and Rs. 5,000/- towards litigation expenses 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 16^th day of April, 2024.

Free copies of this order to the parties are supplied.