FINAL ORDER/JUDGEMENT

SHRI ASHOKE KUMAR GANGULY, MEMBER

This is an application U/s.12 of the C.P. Act, 1986.

The complainant submits that she is a businessman having her office at Park Mansion, Park Street, Kolkata. On 07.09.2011 she had deposited Rs.36,000/- to the OP Bank for payment of self assessment tax for the assessment  year 2011-12 against PAN No. AODPJ0904P for which the OP Bank issued duplicate challan on 20.09.2011 as the original counter foil was misplaced by the OP Bank..  The complainant thereafter came to know from the I.T. Department that the said amount of Rs.36000/- had been credited to another assessee which is a serious violation of law. Moreover the OP Bank did not inform the complainant nor refunded the said amount to the complainant. Thereafter a notice from ITO was received by the complainant on 24.10.2018 to pay the self assessment Tax and its interest thereon. The complainant sent reply to the ITO on 25.10.2018.Because of the lapses on the part of the OP Bank the complainant suffered mental agony and harassment in the said matter for which she has approached the Commission for justice with relief as prayed for in  the complainant petition.

The OP has filed Written Version stating that the complainant has not included I.T. Department as necessary party. As such the case suffers from the legal issue of non joinder of parties. From the documents submitted by the complainant it is not proved that the amount has been credited to another  account. Other allegations are denied and prayed for dismissal of the complaint

Points for Determination

In the light of the above pleadings, the following  points necessarily have come up for determination.

1)  Whether the OP is deficient in rendering proper service to the Complainant?
            2)  Whether the OP has  indulged in unfair trade practice?

           3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.

            We have travelled over the documents placed on record. Complainant has filed evidence and replies to the questionnaire set forth by the OP. No evidence on behalf of the OP has been filed. BWA has been filed by the OP.

While perusing the records it is observed that the complainant deposited a sum of Rs.36000/- to the OP Bank at Park Street Branch on 07.11.2011 and a certificate dated 20.09.2011 in lieu of Lost/Misplaced Challan was issued by the OP wherein it has been clearly mentioned that the said amount was received on account of Income Tax. The OP in their W/V has not whispered about the fate of the payment made by the complainant on 07.11.2011 to the OP Bank rather finds faults in the complaint petition by raising the question why the complainant has not made  the  I.T. Authority as necessary party. They have neither refunded the deposited amount nor stated that the said amount has been deposited to the Income Tax authority in her PAN account. The OP has kept the complainant in the dark for an indefinite period. Moreover they have not made any clarification before the Commission about the fate of the  payment of Rs.36,000/- received from the complainant on 07.11.2011. They have also  kept the Commission in the dark which is otherwise an indirect admission of  their lapses. We do not find any document nor any submission of the OP Bank about the disputed amount. This is a clear case of deficiency of service and also a concrete example of unfair trade practice on the part of the OP.

In the light of the above observation, we are of the considered view that the complainant has established the case against the OP. All the points under determination are answered accordingly.

In the result, the Consumer Complaint  succeeds .

Hence,

Ordered

That the complaint case is allowed on contest against the OP  with the following directions:-

1. The OP is directed to refund Rs.36,000 to the complainant  with 9 percentinterest p.a. with effect from 07.11.2011 till the date of payment. The above order is to be complied within a period of 30 days from the date of the order in default the OP will have to pay  penal interest  at the rate of 12 percent in lieu of 9 percentto the complainant from 07.11.2011 till the date of payment.

2. The OP is further directed to pay Rs.10,000/- to the complainant as litigation costs.

In the event of non compliance of the order, liberty be given to the complainant  to put the order into execution U/ss 71 & 72 of the C.P. Act,2019.

The judgment be uploaded to the website of the Commission forthwith for perusal of the parties.