DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 338/2022
Date of Filing:- Date of Admission:- Date of Disposal:-
01.11.2022 04.11.2022 25.08.2023
Complainant/s:- | SRI SUJOY PODDAR, S/o Late Himanshu Bikash Poddar of 29B, Abdul Latif Street, P.O. + P.S. – Belgharia, District – North 24 Parganas, West Bengal – 700056. Contact No. 9432280520 =Vs.= |
Opposite Parties/s:- | - THE BRANCH MANAGER, UNION BANK OF INDIA, MANIKTOLA BRANCH, KOLKATA, 77C, RAJA RAM MOHAN SARANI, Kolkata – 700009, West Bengal.
|
P R E S E N T :- Smt. Sukla Sengupta……………President.
:- Smt. Monisha Shaw.…………… Member.
:- Sri. Abhijit Basu………………. Member.
JUDGMENT/FINAL ORDER
This complaint is filed by the Complainant U/s 35 of the Consumer Protection Act, 2019.
The brief fact of the case is Complainant is the consumer of Union Bank of India, Maniktala Branch being Savings Bank Flexi Deposit Account No. 396002050000135 (Customer Id – 130460127). Complainant is the resident of 29 B, Abdul Latif Street, P.O. and P.S. Belgharia, District – North 24 Parganas within the territorial jurisdiction of this Commission. The claim of the Complainant is refund the short payment of Rs. 3,841/- which is also within the pecuniary jurisdiction of this Commission. The fact is that the O.P failed to pay of Rs. 3,841/- as short payment as interest to the Complainant.
- As per interest certificate of Customer Id – 130460127 interest paid by the Bank for the period 01-04-2020 to 31-03-2021 in S.B. A/c Rs. 1,698/- and in term deposit Rs. 44,278/-.
- As per Passbook of Customer Id – 130460127 interest credited in the Account Rs. 41,469/-, Rs. 1,650/- which was not credited in the account on 15-10-2020 but the bank deposited the amount for TDS Rs. 488/- recovered from principal amount of Rs. 1,00,000/- on 15-10-2020 as TDS and TDS amount of Rs. 671/-. Total interest amount is Rs. 44,278/- = Rs. (41,469/- + 1650/- +488/- +671/-).
As per 26 A S Certificate for financial year 2020-2021 interest paid by the Bank Rs. 30,495/- from which tax deducted Rs. 2,321/- and Rs. 17,174/- from which no TDS. Total interest received by the Complainant Rs. 47,669/- as per 26 A S for financial year 2020-2021 as per documents issued by the Bank. It is found from the statement of bank that there is self contradictory statement and Complainant was received less amount of Rs. 3,391/- as interest. Complainant sent letter to the said Branch Manager i.e. O.P for refund the short payment of interest Rs. 3,391/- for financial year 2020-2021 but in vain. Complainant applied before Consumer Affairs Department, the authority concern sent notice to O.P for mediation but in vain. Hence, Complainant filed this complaint before this Commission for redressal his claim. This Commission sent notice to the Opposite Party but the Opposite Party did not feel any urge to appear before this Commission and did not file any Written Version and also not appeared at the time of argument. Hence, the case heard ex-parte.
Following issued were framed for the purpose of decision:-
- Whether the complaint is maintainable or not?
- Whether the Complainant is entitled to get relief / reliefs in this case or not?
Contd. To Page No. 2 . . . ./
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C.C. No. 338/2022
Decision with reasons:-
Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal of the materials record along with the supporting affidavit related to documents available in the case record as well as hearing of argument for Complainant it is revealed that the Complainant is Consumer of the Bank as he is one of the Savings Bank Flexi Deposit Account holder of Union Bank of India Maniktala Branch. Union Bank i.e. Opposite Party issued two certificates one is interest certificate and other is TDS TRACES.
From comparing said two certificates it revealed that the O.P paid short payment of interest in financial year 2020-2021 for Rs. 3,391/- By a letter being Memo No. UBI/MKT/2022-23 dated 03-01-2023 the Manager of Union Bank of India, Maniktala Branch admitted the said facts for short payment and assured that “our central office tax cell has informed that the rectification of mismatch of the interest credited in 26 A S against his PAN No. has already been initiated on 02/12/2022 and the correct TDS and intrest will reflect in his 26 A S within 3-4 days. The said error was occurred because of migration of three Banks in 2020-21.” Hence, the O.P is admitted about the said error but as per complaint the bank is not taken any steps for correction and not credited the said interest amount to the Complainant. In the instant case Complainant is a Consumer and O.P is service provider but the O.P failed to provide his service by not payment the said short payment of interest crediting Rs. 3,391/- in the account of Complainant which would be treated as deficiency in service on the part of Opposite Party.
The O.P did not controvert the allegation of the Complainant by filing any evidence. Hence, the Complainant is proved his case and entitled to get decree in his favour.
Hence,
it is ordered,
That the case being no. C.C .338/2022 be and the same is allowed ex-parte.
It is hereby directed Opposite Party to re-check the interest amount of the Complainant for financial year 2020-2021 and rectify the mismatch of interest and / or refund the short payment of Rs. 3,841/- if any with banking interest from the date of short payment of interest till recovery of payment within two (02) months from the date of this Judgment.
Failing which the Complainant is at liberty to file execution case according to law.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
Member
Member President
