IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

Case no. CC/178/2014

Date of filing: 23-12-2014                                                                Date of disposal: 27-02-2018

Complainant  -                  Mohammed Enamul Haque, Village – Shyamnagar, PO– Shyamnagar, PS – Nowda,  District – Murshidabad, Pin Code – 741156, W Bengal.   

                                                                                          VS.

Opposite Party –              1) Branch Manager, State Bank of India, Nowda Branch, PO + PS – Nowda,                                                           District – Murshidabad,  West Bengal.

Opposite Party  -              2) General Manager, State Bank of India, Regional  Branch office,                                                                             PS – Berhampore, District – Murshidabad, Pin Code – 742101, West Bengal.

                                 Present :  Sri Manas Kumar Mukherjee- Member

                                                   Smt. Chandrima Chakraborty – Member / President – in -Charge

FINAL ORDER

 Sri Manas Kumar Mukherjee, Presiding  Member

This case has been filed by the complainant U/S 12 of C P Act’1986, praying for deposition of amount, deducted as TDS, from his Fixed deposit, a/c, kept with OP – 1, which was alleged, to had, not been deposited, with the Income Tax authority, in 2 different financial years and compensation of Rs. 50,000/- for mental pain and agony, faced.

The case of the complainant, in brief, is that, the complainant, has opened a fixed deposit a/c, with OP – 1, by investing an amount of Rs. 8, 00,000/- only, on 28 / 09/ 2011, the FD a/c no. being 31963066874 and as mentioned in the complainant, the complainant has submitted documents, like forms 15 G, 15 H and photo copy of PAN Card, with the FD deposit.

As alleged by the complainant, the OP (s), have deducted an amount of Rs. 15,481/- only, as TDS, @ 20%, from the accrued interest of the complainant, arising out of the F D, for the financial year, 2012 – 2013, but, from a statement, obtained by the complainant,  from the IT Department,  he came to know, that the TDS amount, so  deducted, has not been deposited to the IT authority.

The complainant, reported thy matter to the OP (s), vide his letter dated 31-12-2012, but the OP (s), did not initiate any action.

Again, as stated by the complainant, the OP (s), again, deducted another amount of Rs. 15,481/- only, from the same FD a/c of the complainant, as TDS, for the financial year 2013 – 2014, but not deposited the same to the IT authority.

The complainant, further alleged that the OP (s), illegally and arbitrarily, deducted, TDS, @ 20%, whereas the deductable rate of interest is 10%.

The complainant, further alleged, that the complainant has filed an application, u/s 5 of RTI Act, on 01 – 09- 2014, which remained, unanswered.

Hence, the case has been filed, before this Forum.

In the W/V filed by the OP - 1, the OP no. 1, denied almost all of the allegations, except, admitting the fact, that the complainant, opened the FD a/c, with OP -1 and the fact of deduction of 2 TDS, amounting to Rs. 15, 481/- each, pertaining to 2 different financial years.

The OP further stated in its’ W/V, that the TDS (s), so deducted, had been deposited to the concerned authority and also submitted a document to the Forum, regarding calculation of the amount (Rs. 15,481/) as TDS, deducted, twice, for two separate financial years.

All of the parties have recorded their presence, in the matter, when the matter was referred to this Forum, for adjudication and submitted documents, in support of their submission (s). Complainant and OP, argued the matter.

Point  to be considered

1. Whether the complainant is entitled to get relief, as prayed for.

Decisions with reasons

To prove the case, the complainant, has filed copies of relevant documents, along with evidence – in –chief, in support of his complaint. The OP-1, has also filed Affidavit – in - chief, in support of its’ statements.

Heard, complainant and OP (s), in full.

During the argument, OP – 1, submitted / informed the Forum, that the TDS certificate for the financial year, 2012-2013, to be missing, whereas TDS certificate for 2013 – 2014, is available and has been submitted before the Court.

It is observed, from the statement, obtained by the complainant, from the IT authority, that,it has been reflected, in the statement, that the amount, deducted, from the FD a/c of the complainant, had not been deposited to the concerned authority.

Hence,

ORDERED

The Consumer Complaint no. 178/2014 is allowed in part.

The OP is hereby directed / ordered to deposit an amount of Rs. 30,962/- only (Rs. 15,481/- x 2), deducted as TDS, from the FD a/c of the complainant, for 2 different financial years, to the concerned authority, within 30 days, from the date of receipt of this order, if not already deposited, in default, the OP, will have to pay an amount of Rs. 50/-, per day’s delay and the amount, so accumulated, shall be deposited to Consumer legal Aid account.

Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.

( MEMBER )(MEMBER)