DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 292 of 4.12.2015 Decided on: 20.10.2016
Sh.Madan Lal S/o Sh.Balak Ram, R/o H.No.1800/C, Main Road, Near Street No.18, Guru Nanak Nagar, Patiala.
…………...Complainant
Versus
Senior Post Master Head Post Office, Patiala.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Madan Lal, complainant in person.
Sh.J.D.Bansal, Advocate, counsel for the
opposite party.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh Madan Lal 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 the O.P.) praying for the following reliefs:-
- To pay Rs.25,000/- as compensation on account of mental agony, pain and unnecessary harassment suffered by her at the hands of the opposite parties
- To pay Rs.3300/- as legal expenses
- To pay interest for 10 days on the amount of Rs.6.4 lac deposited under Senior Citizen Scheme
- Any other relief, which this Forum may deem fit.
2. In brief, the case of the complainant is that he opened an account bearing No. 0943134307 CIF No.071853871, with the OP, under Senior Citizen Saving Scheme for Rs.6,40,000/-.He deposited Rs.6,40,000/- in the aforesaid account on 10.6.2010 having maturity date 10.6.2015.. As per the provision, the interest, on the amount, to the tune of Rs.14,400/- was to be paid quarterly regarding which there was not dispute. The interest for the last quarter( for the three months) @ 9% per annum should be Rs.14,400/-. Since the account was matured on 10.6.2015, as such he was entitled to get the interest for the last quarter i.e. for two months and 10 days but the OP paid interest for two months only. He enquired the matter from the concerned clerk, but he could not give satisfactory reply and told that since the computer system does not display interest for 10 days, therefore, he is not entitled to get this interest. He also approached the Assistant Post Master, regarding the pending interest, who advised him to give request in writing. Accordingly, he gave the written request alongwith relevant documents on 23.7.2015. He again inquired the matter from the Assistant Post Master, who put a note on the office copy which reads “ The Payment made by system is correct and in order”. He approached the OP again and again for getting the relief but of no use. Thus there is deficiency of service on the part of the OP. He was left with no alternative but to file the present complaint.
3. On being put to notice, the Op appeared and filed its written version. It is stated that the interest has rightly been paid to the complainant by the department. However, some amount has been deducted as TDS as per rules which would be refunded to him on filing of his income tax return and he was well aware of this fact. After denouncing all other averments made in the complaint , it is prayed to dismiss the complaint.
4. In support of his complaint, the complainant tendered in evidence Ex.CA his sworn affidavit, Ex.C1 copy of aadhar card, Ex.C2 copy of pass book, Ex.C3 copy of Post office saving bank scheme, Ex.C4 copy of letter dated 23.7.2015, Ex.C5 copy of cheque,Ex.C6 copy of complicated chronic disease certificate, Ex.C7 copy of SCS ledgerEx.C8 copy of Senior Citizens Savings Scheme Rules, and closed the evidence.
On the other hand, the learned counsel for the Op tendered in evidence Ex.OPA, sworn affidavit of Narinder Kumar, Senior Post Master,Ex.R1 copy of letter dated 4.9.2015,Ex.R2 copy of letter dated 10.11.2015,Ex.R3 copy of for mal acceptance check status,Ex.OP4 copy of GSC ledger,Ex.OP5 copy of Form No.16A and closed the evidence.
5. The complainant filed the written arguments. We have gone through the same, heard the complainant and the learned counsel for the O.P and have also gone through the record of the case, carefully.
6. The complainant has submitted that he opened an account bearing No.0943134307 CIF 071833871 under Sr. Citizen Scheme with the Head Post Office, Patiala for a sum of Rs.6,40,000/-which was to be matured on 10.6.2015.As per said scheme interest to the tune of Rs.14,400/- on the said scheme was to be paid to him quarterly. Since the account matured on 10.6.2015, and he was entitled to get the interest for the last quarter i.e. for two months and 10 days. However, the postal authorities paid him interest only for two months. Therefore, they be directed to pay him the interest for period of 10- days and they be also directed to pay compensation for the harassment suffered by him.
7. On the contrary, the learned counsel for the OP submitted that the OP has to pay interest for the last quarter i..e for the period of two months and 10 days to the tune of Rs.10,880/-and after deducting Rs.1080/- as tax had already paid a sum of Rs.9792/- as reflected in the document annexed alongwith Ex.C7. In support of this contention, he has also produced a letter dated 10.10.2016, issued by Sr.Post Master, Patiala and prayed that the complaint filed by the complainant is devoid of any merits and may be dismissed with costs.
8. The letter dated 10.10.2016, produced by the learned counsel for the OP has been taken on record and has been marked as ‘A’. From the perusal of the said letter, it is apparent that the OP has to pay Rs.10,880/- as interest for the period of two months and 10 days and out of the said amount, it has deducted Rs.1088/- as TDS i.e. @10%. From the perusal of copy of Term Deposit Transaction detail, annexed alongwith copy of ledger account, Ex.C7, it is evident that the Ops after deducting Rs.1088/- as TDS had paid Rs.9792/- as interest for the last quarter. The TDS deducted was deposited with the Income Tax deptt. and TDS receipt in the shape of 26Q for the first quarter of financial year 2015-16 was furnished by the OP as Ex.OP3. A certificate down loaded from the traces in the form No.16A,Ex.OP5 was issued to the complainant. Thus, from the documents referred above, it is evident that there is no shortfall in the payment of interest to the complainant, after deduction of TDS, which is necessary liability of the payee. Rest of the interest amount was correctly disbursed to the complainant. We do not find any deficiency in service on the part of the OP. The complaint being devoid of any merit is liable to be dismissed. It may be stated that as tax stands deposited with the Income Tax Department and Form No.16A, has already been issued to the complainant, he can legally get the refund from the Income Tax Department if any, due to him.
9. In view of our aforesaid discussion , we dismiss the complaint being devoid of any merit.The parties are left to bear their own costs. Certified copies of the order be sent to the parties free of cost under the rules. Thereafter, file be indexed and consigned to the Record Room.
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
DATED:20.10.2016
