Hon’ble Mr. Sudip Niyogi, President
The case of the Complainants in short is that their mother had opened two Term Deposit Accounts in their name when they were minor on 11.08.2010 with O.P. No.1 being account No.TD – CS by 32 - 0347912 31323781384 & TD – CS by 32 - 0347913 31323783405 amounting to Rs.3,44,285/- maturity date of which was 11.08.2018 for 8 years but on maturity, O.P. credited the amount in Account Rs.6,21,608/-. On being approached O.P. No.2 claimed that the said amount was credited after deduction of tax. However, no paper relating to tax was submitted to her. However, subsequently Complainant going through the “TDS Traces” for the relevant financial year 2010-11 & 2017-18 and found that an amount of Rs.6,833/- was deposited as TDS for the financial year 2017-18 only. So, according to petitioner, she is entitled to Rs.60,129/- from the O.P. which was not given to her though Complainant several times approached the O.P. but nothing was done in her favour. She also filed one written complaint in this regard to the O.P. Ultimately, she was compelled to file this complaint under section 12 of the CP Act, 1986 before this Forum for necessary relief.
The O.P. did not contest the case by making appearance and filing written version etc.
POINTS FOR CONSIDERATION
- Is the instant case maintainable?
- Is there any deficiency of service on the part of the O.P?
- Whether the Complainant is entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Point No.1.
In this case the petitioner is a resident under Dinhata sub Division where the Office of the O.P. is located and she is also found to be a consumer. The amount claimed in this case as relief(s) is also within the pecuniary limit of the Forum. So, the instant case is maintainable.
Point No. 2 & 3.
The petitioner files her evidence on affidavit and also files several documents as Annexure including the pass Book. Annexure- A is found to be the copies of the Term Deposit Certificate being No. TD – CS by 32 - 0347912 31323781384 & TD – CS by 32 - 0347913 31323783405 each amounting to Rs. 1,90,000/-. The amount on maturity would be Rs.3,42,385/-. Annexure- B is the copy of the Pass Book of the Complainant. From the said Pass Book it is found that on 24.01.2018 the amount in respect of said two Term Deposits was transferred to the Account of the Complainant on maturity. It is found from exhibit – B in respect of each of the said two term deposits the amount on maturity was credited Rs. 3,10,804/-. Thus, the total amount credited is Rs. 6,21,608/-. Thus, there was a short fall of Rs.6,88,570/- - Rs.6,28,441= 66,129/- .
From the Annexure- C “ TDS Traces” it is found that the amount of Tax deducted of source in respect of the said two Term Deposits during the Financial Year 2017-18 was only Rs.6833/-. So, it is not understood why the entire amount after TDS of Rs.6,833/- was not credited to the Complainant’s Account on maturity of the deposits. It is not forthcoming from the O.P. as they are not contesting as to why this amount was not credited to the Account of the Complainant. So, the Complainant rightly claims this amount as part of the amount on maturity after TDS. O.P. is found deliberately withheld the amount for no cogent reason and as a result the Complainant has to approach this Forum, suffering mental pain and agony. So, she is also entitled to compensation and litigation cost.
All the points are thus decided.
Hence,
Ordered
The instant case be and the same is allowed ex parte.
That Complainant is entitled to the amount of Rs.60,129/- alongwith interest @ 6% per annum thereon from the date of maturity of the Term Deposits.
She is also entitled to Rs.5,000/- towards mental pain and agony and Rs.3,000/- towards cost of litigation.
O.P is directed to pay the said amount to the Complainant within a month failing which the said awarded sum shall carry interest @ of 6% per annum till realization.
The complainant shall be liberty to realize the said amount by way of execution, if O.P fails to comply with the order.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule. The copy of the Final Order also available in the official website: www.confonet.nic.in.
Dictated and corrected by me.
