DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.63 of 15
DATE OF INSTITUTION: - 16.2.2015
DATE OF ORDER: - 10-06-2015
Ram Niwas son of Shri Om Parkash, resident of Ninan, Bhiwani, tehsil and district Bhiwani. ……………Complainant.
VERSUS
- Sahara India Commercial Corporation Ltd., through its authorized representative, Command Office at Sahara India Centre-2, Kapoorthala Complex, Lucknow.
- Sahara India Commercial Corporation Ltd. through its Branch Manager, Naya Bazar, Road, Near Hansi Gate, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President
Shri Balraj Singh, Member
Smt. Anita Sheoran, Member
Present: - Shri Mukesh Gulia, Adv. for complainant.
OPs ex parte.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that on 6.10.2003 he had opened a policy of respondents company which was to be matured on 30.7.2011. The complainant alleged that he had taken a loan of Rs.2,77,000/- against the above said policy. The complainant further alleged that after maturity period of the above said policy he requested the respondents upon which opposite party No.2 issued a certificate in which a sum of Rs.31335/- was deducted on account of TDS. The complainant further alleged that he contacted the Income Tax Department for claiming of above said deduction amount but it was told that the said amount has not been deposited by the opposite parties with the Income Tax Deptt. The complainant further alleged that he visited the office of opposite parties and requested to provide the particulars regarding depositing of TDS but they did not pay any heed. The complainant further alleged that he had also got served a legal notice through his counsel but of no use. The complainant further alleged that due to the act and conduct of opposite parties, he had to suffer mental agony, physical harassment and financial losses. Hence, it amounts to deficiency in service on the part of opposite parties and as such he had to file the present complaint.
2. Opposite Parties have failed to come present despite service. Hence, they were proceeded against ex parte by this Forum vide order dated 27.3.2015.
3. In order to make out his case, the complainant has placed on record Annexure C1 Photostat copy of Legal Notice, Annexure C2 Photostat copy of Certificate issued by Ops and Annexure C3 Photostat copy PAN Number along with affidavit.
4. We have gone through the record of the case carefully and have heard the Ld. Counsel for the complainant.
5. Learned counsel for the complainant reiterated the contents of the complaint. It is submitted that the Opposite parties have deducted a sum of Rs.31,335/- on account of T.D.S. and in support of his contention he referred Annexure C2. He also submitted that the Ops have not issued the TDS certificate to the complainant and directions may be issued to the OP to issue the TDS certificate for the amount of Rs.31335/- which has been deducted by the OP from the account of complainant, so that the complainant can claim refund of the same from the Income Tax Department.
6. We are convinced with the arguments of the counsel for the complainant. The complainant is entitled to get the TDS certificate from the Opposite Parties, who had deducted the Income Tax from the account of complainant. Accordingly, we hold that the complainant is entitled to get TDS certificate for the amount for which the same has been deducted by the Opposite Parties and as such the Opposite Parties is directed to issue TDS certificate to the complainant within 45 days from the date of passing of this order failing which h the Ops shall be liable to pay compensation of Rs.3000/- to the complainant. No order as to costs.
Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 10-6.2015. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anita Sheoran), (Balraj Singh),
Member. Member.
