In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   42 / 2009.

1)                   Qutto Exim Pvt. Ltd.,

307, Ajit Sen Bhawan, 13, Crooked Lane, Esplanade, Kolkata-69.                        ---------- Complainant

---Versus---

1)                   Oriental Bank of Commerce,

32, Chowringee Road, Kolkata-700071. 

2)                   Regional Manager, Oriental Bank of Commerce,

DD 11, Sector-1, Salt Lake, Kolkata-700064.                                           ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri ,MEMBER

                        Smt. Sharmi Basu ,MEMBER

Order No.    2 8   Dated  2 4 / 0 4 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Quito Exim Pvt. Ltd. against the o.p. Oriental Bank of Commerce. The case of the complainant in short is that complainant company purchased one fixed deposit bearing no.10493030073560 for Rs.3,48,957.49 for a period of one year on 15.3.06 and further case of the complainant is that on 26.7.06 complainant company approached the o.p. bank for pre-mature withdrawal but Branch Manager of o.p. refused to pay the money as by mistake Manager had read the name Quito Exim Ltd. instead of Quito Exim Pvt. Ltd. and on 13.10.08 o.p. authority wrote that the fixed deposit was treated as attached by ITO and it is the averment of the complainant that Quito Exim Pvt. Ltd. fixed deposit was not attached at all and o.p. bank sent pay order of Rs.2,76,377.49 which complainant company received on 17.10.08. Further case of the complainant is that o.p. bank deduced Rs.671/- for the year 2005-06, Rs.4248/- for the year 2006-07 and Rs.10,480/- for the year 2007-08 and the said deduction was made towards deduction at source on back date i.e. 12.11.08 and o.p. bank did not deposit the said amount towards TDS with the ITO Deptt. and no TDS certificate Form 16A was issued in favour of complainant uptill the date of filing this case. O.p. bank deducted Rs.1,24,278/- on account of Quito Exim Ltd. while the fixed deposit was in favour of Quito Exim Pvt. Ltd. Hence the case with the prayer contained in the prayer portion of the petition of complaint.

            Both o.ps. had entered their appearances in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted position that o.p. bank sent pay order of Rs.2,76,377.49 which complainant received on 17.10.08 and it has been stated by complainant that a sum of Rs.631/-, Rs.4248/- and Rs.10,480/- were deducted for the year 2005-06, 2006-07 and 2007-08 and such deductions were made on 12.11.08 towards TDS but no TDS certificate was issued by o.p. bank in favour of complainant company. Be that as it may it is not denied by o.p. that a sum of Rs.3,48,957.49 was fixed by complainant company for one year i.e. 15.2.06 and they have already paid Rs.2,76,377.49 which complainant received on 17.10.08. From the record we find that o.ps. deducted from TDS for which Form 16A were issued showing deduction of Rs.631, Rs.4248/- and Rs.10,480/- as against Quito Exim Pvt. Ltd. Therefore, except the deduction towards TDS and the sum of Rs.2,76,377.49 received by complainant on 17.10.08 complainant is entitled to have the balance amount as against fixed deposit of Rs.3,48,957.49 towards fixed deposit. Therefore we hold that the o.p. had deficiency being a service provider within the ambit of C.P. Act to its consumer / complainant and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint is allowed on contest against the o.p. in part. O.p. is directed to make payment of the balance amount with usual interest except the sum deposited towards TDS and a sum of Rs.2,76,377.49 already paid by pay order and received by complaian nt on 17.10.08, if not entire fixed amount is not attached with Income Tax Deptt as against complainant company viz. Quito Exim Pvt. Ltd. O.p. is further directed to pay to the complainant compensation of Rs.2000/- (Rupees two thousand) only for his harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties.

   ____Sd-____                     ______Sd-________          _______Sd-_______

     MEMBER                            MEMBER                        PRESIDENT