Haryana

Ambala

CC/293/2019

Vivek Vaid - Complainant(s)

Versus

Central Bank of India - Opp.Party(s)

In Person

07 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                      Complaint case No.:  293 of 2019.

                                                          Date of Institution :  12.09.2019.

                                                          Date of decision    :  07.03.2022.

 

Vivek Vaid son of Shri Varinder Kumar Vaid, resident of House No.G-65, Mahesh Nagar, Ambala Cantt.

                                                                                      ……. Complainant.

 

Versus

 

Central Bank of India, Branch Office Mahesh Nagar, Jagadhri Road, Ambala Cantt, through its Manager.

                                                                                        ..…. Opposite Party.

                            

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.

Shri Vinod Kumar Sharma, Member.          

                            

Present:       Complainant in person.

                   Ms. Madhu Raina, Advocate, counsel for the OP.

 

Order:        Smt. Neena Sandhu, President.

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’), praying for issuance of following directions to it:-

1. To refund Rs.1051/-(Rs.1004/- + Rs.47/-).
2. To pay Rs.1,00,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs. 25,000/- as litigation expenses.
   •  

Any other relief which this Hon’ble Commission may deem fit.

 

2.                Brief facts of the case are that the complainant is having a saving Bank account No.1469130665, with the OP Bank. On 01.10.2016, complainant deposited Rs.1,00,000/-, with the OP, in the shape of FDR having maturity value of Rs.1,17,020/- and maturity date 17.11.2018.  On maturity of the abovesaid FDR, out of the maturity amount of Rs.1,17,020/-, complainant had taken an FDR of Rs.80,000/-, and requested the OP to credit the remaining maturity amount of Rs. 37,020/-, in his saving account. However, from the statement of account, it is apparent that OP instead of crediting the amount of Rs.37,020/- had credited Rs.35,969/- only and deducted in total Rs.1,051/-  (Rs.1,004/- + Rs.47/-) as TDS. It is further stated that the OP deducted the TDS amount illegally because TDS amount is deductable only if the interest exceeds Rs.10,000/- per annum, which was not in this case. Complainant requested the OP many times, to refund the amount of Rs.1,051/-, illegally deducted as TDS but they refused to refund the said amount.  Hence, the present complaint.

3.                Upon notice, OP appeared through counsel and filed written version, raising preliminary objections regarding maintainability and non-joinder of necessary party i.e Income Tax Department etc. On merits, it is stated that whole system of the Bank is computerized and the TDS amount was deducted automatically by the system, as the complainant did not file ITR, in right time and also not submitted Form No.15(G), in the bank. Complainant cannot said that he could not file the ITR, due to the negligence of the Bank. The TDS amount is not deducted by the bank but by the Income Tax Department and if the TDS amount has wrongly been deducted then same has to be refunded by the Income Tax Department. Inspite of that OP has settled the matter and after getting the permission from the RO office and has refunded the amount of Rs.1,051/-, to the complainant.  Rest of the averments of the complainant were denied and OPs prayed for dismissal of the present complaint.

4.                 Complainant tendered his affidavit as Annexure CA along with documents Annexure C-1 to C-8 and closed the evidence of the complainant. On the other hand, learned counsel for OP tendered affidavit of Shri Saurabh Kumar, Sr. Manager, Central Bank of India, Mahesh Nagar Branch, Ambala Cantt. as Annexure OP/A alongwith document Annexure OP-1 and closed the evidence on behalf of the OP.

5.                We have heard the complainant and learned counsel for the OP and carefully gone through the case file.

6.                Admittedly, complainant is having a saving account with the OP. It is an also admitted fact that on 01.10.2016, complainant deposited an amount of  Rs.1,00,000/-, in the shape of FDR having maturity value of Rs.1,17,020/- and maturity dated 17.11.2018. It is also an admitted fact that out of the maturity amount of Rs.1,17,020/-, complainant again deposited Rs.80,000/-, with the OP, in the shape of FDR and requested it, to credit the remaining amount of Rs.37,020/-, in his saving account. The grievance of the complainant is that OP instead of crediting the amount of Rs.37,020/-, in his account, had credited Rs.35,969/- only and wrongly deducted Rs.1,051/-, as TDS. Despite repeated request OP refused to refund the said amount and he left with no other alternative but to file the present complaint. The plea of the OP is that the amount of Rs.1,051/-, has been credited in the account of the complainant, on 22.10.2019 and prayed that the present complaint may be dismissed.  It may be stated here that complainant has filed the present complaint on 12.09.2019 and from the letter dated 22.10.2019, Annexure OP-1, it is apparent that OP credited the amount of Rs.1,051/-, in the account of the complainant on 22.10.2019, i.e. after the filing of the present complaint. However, this fact cannot be denied that on account of act and conduct of the OP, the complainant was forced to approach this Commission, leading to unnecessary litigation. In this view of the matter, we are of the opinion that if some compensation for the mental agony and physical harassment suffered by the complainant is granted that will meet the end of justice. Accordingly, we hereby partly allow the present complaint and direct the OP to pay Rs.2,000/-, as compensation for the mental agony and physical harassment suffered by the complainant and to pay Rs.2,000/- as litigation expenses. OP is further directed to comply with the aforesaid order within the period of 45 days from the receipt of the certified copy of this order.  Certified copy of this order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced on :07.03.2022.

 

 

 

          (Vinod Kumar Sharma)            (Ruby Sharma)               (Neena Sandhu)

              Member                                  Member                       President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Present:       Complainant in person.

                   Ms. Madhu Raina, Advocate, counsel for the OP.

 

Vide our separate detailed order of even date, the present complaint has been partly allowed. File be consigned to Record Room, after due compliance.

Announced on :07.03.2022.

 

 

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President