Complaint filed on: 5-12-2018
Disposed on: 5-01-2021
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMKURU
CC.No.244/2018
DATED THIS THE 5th DAY January, 2021
PRESENT
SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
Complainant: - Sri.Manahor M.B
S/o M.C.B. Baljaiah
A/a 21 years, R/at Kottanahalli
New Extension, Mallasandra Post
Bellavi Hobli, Tumkur Taluk,
(By Sri.S.Ramesh B.A.L, L.L.B Advocate)
V/s
Opposite party:- Branch Manager,
State Bank of India,
Main Branch, Tumkur.
(By Mohamed Afroze Ahamed B.A. L.L.B, Advocate)
ORDER
SRI.C.V.MARGOOR, PRESIDENT
This complaint is filed u/S 12 of the Consumer Protection Act, 1986 to direct the OP State Bank of India Main Branch, Tumkur to pay the remaining amount of Rs.46,914=00 with interest from 18-1-2017 in respect of fixed deposit and pay compensation of Rs.30,000=00 towards mental agony, harassment and other expenses.
2. It is the case of complainant that on the order passed by the Sixth Additional District Judge and MACT, Tumkur an amount of Rs.4,40,000=00 deposited in the OP bank for a period of five years. The amount was kept in fixed deposit from 14-12-2011 to 14-12-2016 in the name of complainant and maturity amount shown in the FD bond for Rs.6,95,067=00. After maturity the District Court, Tumkur has ordered to release the entire amount with interest in favor of the complainant on 11-01-2017. The OP bank has issued cheque dated 18-1-2017 for Rs.6,39,526=00 in favor of the complainant instead of Rs.6,95,067=00.
3. The complainant has approached the OP bank several times and requested to pay the balance FD amount of Rs.55,541=00 but the Opposite Party officials told that an amount of Rs.8,016=00 and Rs.611=00 was deducted as Tax Deducted at Source (TDS) and issued Form No.16A to that effect. The OP has not given convincing answer for the remaining amount as such the complainant got issued notice through his learned Advocate on 05-10-2018. The OP after the service of notice neither paid the balance amount nor replied to the notice. Hence this complaint.
4. The OP appeared through its learned counsel and filed written version admitting that on the order passed by the MACT, Tumkur compensation amount of Rs.4,40,000=00 deposited in the name of complainant for a period of five years from 14-12-2011 to 14-12-2016 and maturity amount of Rs.6,95,067=00. The OP further admitted that it has issued cheque dated 18-01-2017 for Rs.6,39,526=00 in favor of the complainant. It is the case of OP that as per the Reserve Bank of India guidelines it has deducted 20% of TDS on F.D amount for the year 2016-17 and 2017-18. The OP is not having personal grievance or enmity against anyone including the complainant. The OP being the trustee of the public money has to guard and safeguard the interest of all its customers and will act only in accordance with law. There is no deficiency of service on part of OP as such it is not liable to pay Rs.30,000=00 compensation to the complainant.
5. The complainant filed his affidavit in lieu of evidence and produced Exs.C1 to C9 documents. On behalf of OP its Chief Manager one Chaithanya.G S/o late Seshagiri Rao filed affidavit evidence.
6. We have heard the arguments advanced by the learned counsel for the complainant and OP in addition to written brief submitted by the complainant and the points that would arise for determination are as under;
1) Whether the complainant proves the
deficiency of service on the part of OP not
paying the entire maturity amount of
fixed deposit?
2) Is complainant entitled to the relief
sought for?
7. Our findings on the above points are as under;
Point No.1 :- In the partly affirmative;
Point No.2 :- As per final order for the below
REASONS
8. Point No.1 and 2:- The learned counsel for the complainant have submitted that the OP bank instead of paying Rs.6,95,067=00 issued cheque for Rs.6,39,526=00 after maturity of the fixed deposit. The OP has paid less amount of Rs.55,541=00. The OP has issued only 2 TDS of Rs.8,016=00 and Rs.611=00 on 29-9-2017. The learned counsel for Opposite Party have produced the account extract of the complainant on 18-11-2020 along with memo. The learned counsel for the complainant further submitted that the OP bank has not issued TDS for balance amount even the contents of account extract are true and correct. The learned counsel for the OP have not disputed the fixed deposit made in the name of complainant for Rs.4,40,000=00 for a period of five years and its maturity amount on 14-12-2016 for Rs.6,95,067=00. The learned counsel for the OP further submitted that the OP has deducted income tax on the accrued interest of the fixed deposit as such there is no deficiency in service on part of OP.
9. The complainant has produced Ex.C1 intimation sent to the OP on 18-1-2017 to release the fix deposit amount which was matured on 14-12-2016. Ex.C2 is fix deposit bond issued by OP on 14-12-2011 in the name of complainant for Rs.4,40,000=00 and its maturity value is Rs.6,95,067=00 as on 14-12-2016. Ex.C.3 is bankers cheque for dated 18-1-2017 issued by the OP in the name of complainant for Rs.6,39,526=00. If the bankers cheque amount is deducted from the maturity amount of Rs.6,95,067=00 balance payable by bank is Rs.55,541=00. The complainant has produced Ex.C4 TDS dated 29-9-2017 for Rs.611=00 and Ex.C5 TDS dated 29-9-2017 for Rs.8,016=00 for the assessment year 2017-18 for the period from 1-10-2016 to 31-12-2016 and 01-01-2017 to 31-3-2017. Both TDS-Form No.16A in the name of complainant. The complainant filed Ex.C6 Income Tax return for the assessment year 2017-18 calming deduction (TDS) made by the OP for a sum of Rs.8,627=00. After deducting TDS amount of Rs.8,627=00 balance payable by the OP bank is Rs.46,914=00.
10. The learned counsel for the OP during the course of arguments produce the statement of account of the complainant in respect of FD on 17-11-2020. The OP bank has credited interest a sum of Rs.2,443=00 as on 31-3-2012, three and half months after the fixed deposit, Rs.8,622=00 as on 31-3-2013, Rs.9,284=00 as on 31-3-2014, Rs.9,998=00 as on 31-3-2015, Rs.10,767 as on 31-3-2016, Rs.2,05,098=00 as on 13-12-2016 and Rs.3,055=00 as on 18-01-2017. The OP has made entries of interest withdrawal transfer on the above days for the same amount except on 13-12-2016. The OP has only credited part of the interest amount accrued on the fixed deposit and voluntarily withdrew it and debited to the account of complainant. The OP has written in the statement of account with pencil as TDS amount. For example interest for period of three months from the date of deposit on Rs.4,40,000=00 i.e., till 31-3-2012 works out to Rs.30,000=00 @ interest mentioned as 6.50% p.a. But the OP has only credited Rs.2,443=00 as interest and debited the same to the account of complainant as withdrawal transfer. If the amount was deducted and remitted to the income tax department as per RBI guidelines the OP should have sent the TDS certificate i.e., Form No.16A immediately to the complainant as and when amount was debited to his account. The OP has issued only Exs.C4 and C5 Form No.16A-TDS for Rs.8,016=00 and Rs.611=00 for the assessment year 2017-18 and the same is claimed by the complainant by filing Income Tax return. The OP has issued two TDS certificates when the complainant asked for the same while issuing cheque for Rs.6,39,526=00.
11. The OP bank has not only committed deficiency in service but also negligent in providing service to the complainant. The OP has issued latest two TDS certificates dated 18-01-2017 but has not issued TDS certificates for the amount said have been deducted as on 31-3-2012, 31-3-2013, 31-3-2014, 31-3-2015 and 31-3-2016 for a sum of Rs.41,474=00 even the entire amount deducted by the OP as per its statement of account dated 17-11-2020 total deduction towards income tax comes to Rs.49,741=00. Out of that amount OP has issued only TDS certificates of Rs.8,267=00. Total interest works out as per fixed deposit bond Rs.2,55,067=00 but the OP has issued cheque for Rs.6,39,526. After deducting the cheque amount balance payable by the bank is Rs.55,541=00 but it has deducted TDS for a sum of Rs.49,741=00. Still balance payable by the OP is Rs.5,800=00. The complainant has got issued Ex.C7 notice dated 5-7-2018 calling upon the bank to pay balance amount of Rs.46,914=00 even after deducting the TDS amount of Rs.8,267=00 the OP neither paid the amount nor replied to the notice. The OP even after filing this complaint on 5-12-2018 did not come forward to pay the balance amount of Rs.5,800=00 and issue Form No.16A for Rs.41,424=00 deducted from 2012 to 2016. This shows the negligent act on part of OP and also deficiency in service.
12. If the OP has issued TDS certificates regularly as and when the amount was deducted and remitted to the income tax department as per statement of account and paid balance amount of Rs.5,800=00 as on 18-1-2017 there was no necessity for the complainant to approach this commission by issuing lawyers notice. The complainant was compelled to knock the door of the commission due to negligent act on the part of OP and its deficiency in service. The complainant has to suffer physically and mentally to knock the door of the Forum to get relief due to the deficiency in service on the part of OP. For this the opposite party shall liable to pay compensation of Rs.20,000=00 and litigation cost of Rs.10,000=0 to the complainant in addition to balance amount of Rs.5,800=00. Accordingly, we proceed to pass the following
ORDER
The complaint is partly allowed directing the OP bank to issue Form No.16A-TDS for a sum of Rs.41,474=00 to the complainant within a period of 30 days from the date of Order. If the Income Tax Authority not accepts the TDS for the period from 31-3-2012 to 31-3-2016 for a sum of Rs.41,474=00 then the OP shall pay the said amount with interest at the rate of 8% p.a from 18-1-2017 till its payment.
The OP shall pay balance amount of Rs.5,800=00 to the complainant with interest at the rate of 8% p.a. from 18-01-2017 till its payment.
It is the further ordered that the OP shall pay compensation of Rs.20,000=00 and Rs.10,000=00 as litigation cost to the complainant within 30 days from the date of order otherwise, it carries interest at the rate of 8% p.a. from the date of filling complaint till its payment.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 5th day of January, 2021).
LADY MEMBER MEMBER PRESIDENT
