The Case of the complainant in brief is that the complainant invested 95,652.34 paisa under the scheme of fixed deposit on 30.08.2007 of the O.P./Bank of India.
Accordingly, the complainant obtained two numbers of certificate being No. 404245110001817 and 404245110001818 in respect of the said investment in the name of Mr. Mihir Saha and Kalyani Saha. The maturity amount of the said two fixed deposits was sum of 2, 44,597.64 paisa and maturity date was on 30.08.2017. It is stated in the petition of complaint that after the maturity of the said fixed deposit certificate the complainant requested the O.P. to transfer the said amount to his savings bank account being no. 40421010001926. Accordingly, the O.P.-Bank of India transferred the said amount deducting the sum of Rs. 62,964/-only from the maturity amount. On enquiry, the complainant came to know that the bank deducted the said amount under the heading of income tax. It is further stated in the petition of complaint that complainant sending a letter dated 27.11.2017 requested the O.P. to issue the TDS Certificate in connection with the sum of Rs. 62,964/-only which was deducted from the maturity amount of the fixed deposit. But O.P. did not do anything to that effect. Complainant by sending another letter dated 02.08.2018 requested the O.P. to know the status of the sum of Rs. 62,964/-only. But O.P. did not turn up. Hence, this case.
Complainant filed this case praying for direction upon the O.P. to issue the TDS Certificate in the proper form in Form No. 16A mentioning the TDS amount deposited on account of Government of India, Income Tax Department, within the financial year, 2017-2018. Alternatively, complainant prayed for direction upon the O.P. to refund the entire deducted amount with statutory interest, to pay compensation of Rs. 2, 20,000/-only and cost of litigation of Rs. 50,000/-only.
Notice has been served upon O.P. No written version has been filed on behalf of the O.P. Hence, the case was proceeded ex-parte against the O.P. vide Order No. 10 dated 20.04.2023.
Decision with reasons
On perusal of the record, it appears that complainant invested 95,650.34 paisa under the scheme of fixed deposit to the O.P. – Bank of India on 30.08.2007. The maturity of the said amount was fixed at Rs. 2, 44,597.64 and the maturity date was 30.08.2017. Another amount of 95,650.36 paisa was invested by the complainant in the name of himself and his wife under the said scheme of the O.P. where the maturity amount was 2, 44,597.67 paisa and the date of maturity was on 30.08.2017.
Complainant alleged that after maturity the each amount was refunded by deduction Rs. 31,482/-only. From the letter dated 27.12.2017, 02.08.2018 and 31.08.2018 it appears that complainant informed the O.P. about the deduction of Rs. 31,482/-only from each maturity amount and subsequently the complainant wanted to know the reason of that deduction.
From the unchallenged evidence of the complainant we are constrained to hold that the case of the Complainant is proved and O.P. is deficient in providing service to the complainant.
Further such type of deduction, complainant has suffered mental pain and agony for which O.P. is liable to pay compensation of Rs. 10,000/-only and the inaction of the O.P. compelled the complainant to file this case. Hence, O.P. is liable to pay the litigation cost of Rs. 10,000/-only to the complainant.
In the result the petition of complaint succeeds.
Hence, it is,
Ordered
that the complaint case being No. RBT/CC/337/2020 is allowed ex-parte against O.P. with cost.
O.P. is directed to refund Rs. 62,964/-only in the account of the complainant within 45 days from this date of order.
O.P. is directed to pay Rs. 10,000/-only as compensation and Rs. 10,000/-only as litigation cost to the complainant within 45 days from this date of order, failing which entire amount shall carry interest @ 12% p.a.
Let plain copy of this order be supplied to the parties free of cost.
Dictated and Corrected by
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
