District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Miss. Swapna Saha                            - Member

Shri Siddhartha Ganguli                      - Member

Consumer Complaint No. 37/2015

Uttam Datta

S/o Late Suresh Chandra Datta

C/o Anwesha Eye Clinic

High Road / Chhandneer Ward No. 13, C. R. Polly

PO & PS: Gangarampur

Mobile No. 9474849701

Dist. Dakshin Dinajpur-733124        …………………Complainant(s)

V-E-R-S-U-S

The Branch Manager,

United Bank of India, Gangarampur Branch

2^nd Floor, Khudiram Market

PO & PS: Gangarampur

Dist.: Dakshin Dinajpur-733124          …………………Opposite Party       

Ld. Advocate(s):

For complainant          ………………  - In Person

For OP                                    ………………  - Shri Dibakar Bhattacharya

Date of Filing                                       : 19.08.2015

Date of Disposal                                 : 30.10.2015

                                                                                                Contd…P/2

Judgment & Order  dt. 30.10.2015

            Fact of the case in brief is that the complainant along with his mother and wife deposited a sum of Rs.5,54,000/- as a term deposit for 36 months. The complainant submitted Form-15H along with other documents but the OP deducted the money as TDS and subsequently the amount was refunded in the SB A/c. In the certificate mentioned that the principal amount along with interest would be Rs.7,47,252.02 but at the time of refund in the SB Account on maturity the amount was paid Rs.7,41,701.23 and TDS refund was Rs.3,617/- and the same refund was made on 24^th April, 2015 and on the selfsame day the same amount was deducted. It is specific case of the complainant that in spite of submission of Form-15H the Bank deducted the amount and illegally claimed that Form-15H was not submitted by the complainant.

            It is the further grievance of the complainant that after the period of maturity of the said amount the amount was reinvested further automatically without consent of the complainant. Subsequently, after having discussion with the Bank the said amount was kept in the bank for 12 months. The complainant contacted the Bank but no fruitful result was achieved. Being aggrieved with the behavior of the Branch Manager, UBI, Gangarampur Branch, the complainant has prayed for compensation as well as other reliefs.

OP contested the case by filing a written version whereby the OP denied all the material allegations made by the complainant. As per claim of the complainant that he submitted the Form-15H that was for the period of F.Y. 2015-16 and the Bank deducted the tax for the period of F.Y. 2014-15, as per the document the complainant failed to submit the Form-15H for the period of F.Y. 2014.15. It is the usual practice and as per direction of Ministry of Finance, Govt. of India as well as on the basis of guidelines time to time issued by the Reserve Bank of India,

                                                                                                Contd…P/3

the Bank being a Central bank can have no personal vendetta towards any customers, all the customers are treated equally and it is usual practice,  if the Form-15H is not submitted the deduction of tax is made and for which the Form-16A was issued by the Bank to show to the Income Tax authorities that the Bank has deducted the tax and at the time of submission of Income Tax Return the customer would get that benefit. Apart from the said fact in order to meet the grievance of the customers a separate cell has been formed which is known as Ombudsman and whereby the complainant could have lodged a complaint but in spite of availing of such opportunity the complainant rushed to this Forum claiming unnecessary claim from the OP, on the basis of the said fact that the OP Bank has claimed / prayed for dismissal of the case.

On the basis of the pleadings of the respective parties following points are to be decided :-

1. Has the complainant submitted Form-15H within F.Y. 2014-15?
2. Whether the Form-15H submitted for the F.Y. 2015-16?
3. Whether the Bank deducted the tax illegally?

4. Whether the complainant will be entitled to get relief as prayed for?

DECISION  WITH  REASONS

            All the points are taken together for the sake of brevity and avoidance of repetition of the said fact.

            The complainant Uttam Datta appeared and submits that in spite of submission of Form-15H the Bank illegally deducted the tax. He also submitted that after bringing its notice of the Bank the tax deducted was credited in the SB account of the complainant and though the Form-15H was submitted by the complainant and raised objection but the OP did not pay any heed to the request of the complainant and illegally deducted the amount for which the complainant should be

                                                                                                Contd…P/4

compensated with cost because of mental pain and agony suffered by the complainant.

            Ld. Lawyer for the OP Bank submitted that it is usual practice of the Bank that if the Form-15H is not submitted the tax is deducted from the source and in the F.D. receipt on the back portion the said fact is also mentioned and the customer should know that the condition at the time of investment of the amount in F.D. and the customer is bound towards the terms and conditions of the F.D. But without considering of those aspects the complainant has falsely accused the Bank. It was further emphasized by the Ld. Lawyer that the separate Forum is there which is known as Ombudsman but without availing of that Forum to ventilate his grievance the complainant rushed to this Forum making false allegations against the Bank. Considering the submission of respective parties it appears that the Form-15H was submitted by the complainant for the financial year 2015-16 and the Bank deducted the tax for the financial year 2014-15 and whenever it was brought to notice of the Bank that tax was deducted at source. After coming to know of the said fact that the Bank credited the amount in the SB Account of the complainant. So far as the rolling over for another period is concerned, it is also mentioned in the F.D. that in case of non-exercising of option of depositor the period of investment will be rolled over for the period of the previous period. Here in this case whenever the complainant brought to the notice of the Bank the Bank reduced the period from 3 years to 1 year and tax deducted under Form-15H was credited in the account of the complainant. Therefore, we do not see any illegality committed by the Bank. Apart from the said fact that the Bank is a nationalized bank and has to follow the guidelines of the Reserve Bank of India as well as time to time notification issued by the Ministry of Finance, Govt. of India. Here in this case the Bank followed the norms as guided by Govt. of India by all the banks and no deficiency in service was found on the part of the Bank.

                                                                                                Contd…P/5

            Apart from the facts and circumstances of the case stated above we hold that the complainant could not submit any income tax return to show that he did not get the benefit of TDS which the Bank issued in favour of the complainant and in spite of issuing of Form-16A of IT Act, therefore, we hold that the complainant will not be entitled to get the benefit as sought for by him.

             Hence, it is

                                                O R D E R E D

            that the instant petition of complaint CC No.36/2015 is dismissed on contest without any cost.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

            Dictated & corrected

            ………Sd/-….…….                                                    

            (S. N. Chatterjee)                                                       

                President                                                                

            We concur,

            ……Sd/-..……                                                            ………Sd/-……..

              (S. Saha)                                                            (S. Ganguli) 

               Member                                                                Member

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of dispatch                                ……………………
2. Date of dispatch                                  ……………………

-x-