Orissa

Cuttak

CC/34/2017

Harekrushna Nayak - Complainant(s)

Versus

Branch Manager,UCO Bank - Opp.Party(s)

Self

20 Nov 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.34/2017

      1. Harekrushna Nayak,S/O: Chakradhar Nayak

      2. Rubi Nayak,D/O; Harekrushna Nayak

      3. Tusar Nayak,S/O: Harekrushna Nayak

 

      All are At:Aparna Nagar,P.O:Chauliaganj,

      Dist:Cuttack.                                                                                     … Complainants.

 

                                Vrs.

 

1. Branch Manager,UCO Bank,

At/PO/P.S:Chauliaganj,

Town/Dist:Cuttack.

 

2. Zonal Manager,UCO Bank,

At:C-2,Ashok Nagar,Unit-II,

Bhubaneswar-751009.                                                                  … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   22.03.2017

Date of Order: 20.11.2017.

 

For the complainant:               Sri H.K.Nayak(One of the complainants).

For the O.Ps              :              Sri B.B.Swain,Advocate & Associates.

 

Sri Bichitra Nanda Tripathy,Member.

                The complaint is against deficiency in service on the part of the O.Ps.

1. Shortly the case is that the complainants i.e. Harekrushna Nayak, his daughter Rubi Nayak and his son Tusar Nayak had some deposit A/cs with UCo Bank,Chauliganj Bank.   Some F.D’s were also made and such F.D. Accounts named as Kuber Yojana and were deposited by the above named persons jointly or along with the name of other family members. 

 The allegations made against the Bank by the complainants are as follows:-

1. Such F.Ds were renewed from time to time and were kept for several years.  The O.P Bank instead of paying the exact maturity value/renewing the exact maturity value has deducted some amount from the said F.Ds for which the complainants have received less amount than the maturity value/renewal  was  made for less amount than the exact maturity value.  The Bank did not refund such amount in spite of the requests made by the complainants.  The complainants have received less amount than the maturity value in the following F.D Accounts.

1. F.D No.158403100 44384  - Rs.1583/-     Annexure- 1 & 2
2. F.D No.158403100 44360  - Rs.5237/-    Annexure-3
3. F.D No. 158403100 48955  - Rs.  401/-   Annexure-4 & 5
4. F.D No. 158403100 49358   - Rs.6573/-  Annexure-6 & 7

       158403100 64658

                                                Total:                     Rs.13,794/-

2. The O.P Bank was also authorized to convert S.B.A/C No.15840100000655 which was in the name of Harekrushna Nayak to flexi account from 03.09.2012 to 01.04.2016 for which the complainant failed to make F.D for the said amount and the complainant could have received towards interest amounting to Rs.22,030/- whereas the complainant has received only Rs.4871/- as interest.  As such bank has paid less amount worth Rs.17,159/-(Annexure-8) towards interest. 
3. Bank has deducted aRs.1724/- from S.B Account No.15840110022078 on 29.08.2013 without the knowledge of the depositor(s). 
4. Bank has taken pass book No.15840110022048 to up-to-date the same but has not yet returned the same.
5.  A sum of Rs.160/- was deducted from S.B Account for issue of cheques which should not have deducted.(Annexure-9).
6.  Bank is not receiving 10 rupee coins.(Annexure-10). 

The complainant has requested Manager,Chauliaganj Bank to refund the amount deducted for the year 2014-15 and 2015-16. (Annexture-10A).  The O.P Bank has replied to the above letter on 18.05.2016.(Annexure-11).  The complainant again asked to Zonal Manager,UCO Bank,Bhubaneswar for refund of the amount deducted from S.B Accounts,F.D accounts(Annexure-12) but it did not yield any result.  Finding no other way the complainants have taken the shelter of this Hon’ble Forum.  They have prayed to direct the O.Ps as follows:-

1. To refund a sum of Rs.5565/- with 15% compound interest to Rubi Nayak till final payment and a sum of Rs.5000/- towards mental tension and a further sum of Rs.2000/- as cost of litigation.
2. To refund a sum of Rs.6573/- with 15% compound interest to Tusar Nayak till final payment along with Rs.5000/- for mental tension and Rs.2000/- towards cost of litigation and to return S.B.Pass book No.15840110022048.
3. To refund Harekrushna Nayak, a sum of Rs.11,314/- along with compound interest @ 15% till final payment, a sum of Rs.5000/- towards mental tension and a sum of Rs.2000/- towards cost of litigation.

 

2. The O.P Bank vide its letter dt.21.06.2017 has intimated that the complainants have not given account no. in respect of which Rs.1583/- was received less.  As per I.T.Act (sec-193) the complainants have to submit form 15G/15H for not deducting the tax at source, since the complainants have not submitted such forms (15G/15H) for which Income Tax was deducted at source as per guidelines.  The O.Ps have denied less payment of maturity value.  However, Income Tax is deducted from accounts in respect of which form 15G/15(H) is not submitted.  S.B A/c. No.15840100000655 was not converted into flexi account and it was within the knowledge of the complainant.  Rs.160/- was deducted towards cost of cheque books.  They have denied the deduction of Rs.1724/- from S.B.A/c. No.15840110022078 on 29.08.2013.  The complainant’s allegation was replied earlier vide O.P’s letters dt.15.7.2015 and 18.05.2016(copy enclosed).
3. We have gone through the case records in details and have heard both sides at length.  We have observed that the complainants were having S.B.Accounts with O.P Bank and also had made some FDs (Kuber Yojna) in joint names with UCO Bank,Chauliaganj Branch.  Such accounts were made in the joint names of Asha Nayak/Rubi Nayak/Tusar Nayak/Rasmita Swain.  Such F.Ds were renewed from time to time.  The rate of interest prevailing during the deposit period of such accounts as stated by the O.P Bank in the reverse side of such F.Ds are as follows:-

From 17.02.2012 to 16.02.2013   `               - 9.5% p.a

From 17.02.2013 to 16.02.2014                   - 9.1% p.a

From 17.02.2014 to 16.02.2015                   -9% p.a

From 17.02.2015 to 16.02.2016                   -8.75% p.a

From 17.02.2016 to 16.02.2017                   - 7.6% p.a

 

The complainants have made allegation regarding the following F.D accounts in respect of which less amount of interest was paid.

F.D. Account NO.15840310044384 made for Rs.70,000/- on 17.02.2012 in the name of Asha Nayak,Rubi Nayak and Tushar Nayak.  It was matured on 17.02.2017.  The maturity value should have been Rs.1,08,116/- against which Rs.1,06,533/- was shown.  The complainant has intimated that a sum of Rs.1583/- was paid less but the O.P bank has intimated vide letter dt.15.07.2015 that since the renewal amount was less than the actual amount to be renewed, the Bank has refunded the differential amount by crediting S.B  Account No.15840100003304 on 14.07.2015. Since the complainants have not submitted the copy of S.B.Account No.15840100003304, we conclude that the Bank has paid the shortfall on renewal on 14.07.2015 and we presume that the shortfall is paid up to 17.02.2015.  On 17.02.2015 there was a renewal for Rs.90,810/- which was also renewed for the same amount.  But on 17.2.2016 there was a renewal for Rs.99,020/- which was renewed for Rs.98,807/-.  This indicates that (Rs.99,020 – Rs.98,807/-) a sum of Rs.213/- was paid less.  Since neither the complainant nor the Bank has spelt out the exact amount not received/not paid we conclude that a sum of Rs.213/- was paid less in F.D account No.15840310044384.  Regarding F.D No.15840310044360 it was also renewed on 17.02.2015 for one year up to 16.2.2016 as intimated by the complainant.    The complainant has not furnished the copy of this F.D for which it is not possible to examine the matter further.  Regarding F.D.R No.15840310048955 we have observed that the said FDR was made for Rs.1,30,000/- and the maturity value was Rs.1,45,300/- as on 29.08.2013.  The renewal was made for Rs.1,45,000/-.  The Bank vide their letter dt.18.05.2016 has intimated that a sum of Rs.2024/- was credited to S.B account No.15840110022078 and Rs.1724/- was debited on 29.08.2013 which indicates that the less payment of Rs.300/-has already been credited to the above account.  Hence less amount of maturity value was not paid in this account.

Lastly a sum of Rs.2,00,000/- was deposited vide F.D No.15840310049358 on 167.06.2012.  The maturity value was Rs.2,23,539/- as on 03.09.2013.  S.B Account No.15840100000655 was credited on 03.09.2013 for Rs.2,20,533/- for Rs.960/- and Rs.2046/-.  Total of which comes to Rs.2,23,539/-.  Again one F.D vide No.15840310064658 was made for Rs.2,23,000/- as on 03.09.2013 by debiting S.B Account No.15840100000655. (Ref. to letter dt.18.5.2016 of O.P.Bank).  But as per the entries made by the Bank in the reverse side of the said F.D it is clear that the maturity value of Rs.2,23,000/- was Rs.2,48,959/- as on 21.11.2014.  The O.P Bank instead of renewing the entire amount of Rs.2,48,959/- on 21.11.2014 has renewed a sum of Rs.2,45,892/-.  Thus a sum of Rs.3061/- was paid less as on 21.11.2014.  There was no further deduction in the maturity value of this F.D till last renewal made on 08.02.2016/02.05.2017.  Neither the complainant nor the O.P Bank has submitted the copy of the respective S.B accounts/accounts statement for the reasons best known to them.  Regarding converting the S.B Account No.15840100000655 to Flexi of account, the complainant has not submitted any proof.  The pass book or the statement of accounts in respect of this S.B. account is also not submitted.  The complainants have also not submitted at what rate they have calculated the interest and have arrived at a interest loss of Rs.17,159/-.  Regarding cost of cheques amounting to Rs.160/- charged by the Bank, it is a fact that all the cheques issued by the Bank is not free of cost.  Since the complainant has not indicated the total no. of cheque books issued to him since inception, it is not possible to find out whether he was entitled for free cheque books or not.   The deduction of Rs.1724/- as alleged by the complainant from S.B. Account No.15840110022078 is not correct since Rs.2024/- is already credited to the said account which indicates the difference in maturity value and renewal value of F.D No.15840310048955.  The Bank has not given any reason for not accepting 10 rupee coins.   Regarding deduction of Tax at source, the Income Tax Department of Govt. of India does not deduct tax at source directly.  It is the obligation on the part of the Bank to deduct tax at source and remit the same to I.T. Department in respect of such accounts where the form 15 G/15 H is not furnished by the depositor/where the payment of interest is more.  The computerized system will deduct tax from the interest paid amount even if form 15H/15G is submitted by the depositor unless proper feeding is not made in the system by the Bank regarding such 15H/15G in respect of the concerned depositor.  In the present case since the tax deducted is subsequently refunded, we are of the opinion that proper feeding regarding 15 H/15G is not made by the Bank in the system.  It is also a practice that the Bank used to furnish a certificate to the concerned depositor regarding the amount of tax deducted by the Bank at source and deposited with the I.T.Department. Since Bank has not furnished any certificate regarding deduction of Tax at source, we conclude that the amount paid less to the complainants and not refunded yet is not deducted towards income tax but for some other reason which is best known to the O.P.Bank.

Basing on the facts and circumstances as stated above, we have observed that the Bank is deficient in rendering service for paying less interest to the complainants in respect of F.D Account No.15840310044384 amounting to Rs.213/- and in respect of F.D Account No.15840310064858 amounting to Rs.3061/-.  Thus the Bank has paid a sum of Rs.3274/- towards less interest in total.  The Bank has also not returned the pass book No.15840110022048 to the complainant.  The Bank has also not accepted 10 rupee coins as tendered by the complainant.

                                                                            ORDER

                The O.P Bank shall refund a sum of Rs.3274/- to the complainant.  O.P Bank will also pay a sum of Rs.10,000/- to the complainants  as compensation towards mental tension and a further sum of Rs.2000/- towards cost of litigation.  The O.P Bank shall also return the S.B.Pass book No.15840110022048 after updating the same.  The above payments and refund of the pass book after updating the same shall be made to the complainants within a period of 45 days from the date of receipt of this order, failing which the complainants are at liberty to take shelter of this Hon’ble Forum as per the C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 20^th day of November,2017 under the seal and signature of this Forum.

 

   (Sri B.N.Tripathy )

                                                                                                           Member.

 

                                                                                                                                    

                                                                                                         (  Sri D.C.Barik )

                                                                                                               President.

 

 

                                                                                                                 (Smt. Sarmistha Nath) 

                                                                                                                   Member(W).