BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the  31^st March 2015

PRESENT

     SMT. ASHA SHETTY  :   HON’BLE PRESIDENT

                  SRI T.C. RAJASHEKAR :   MEMBER                                         

COMPLAINT NO.274/2014

(Admitted on 28.7.2014)

Sri D.Chandrashekar Shetty,

S/o D.Thyampanna Shetty,

Aged about 70 years,

Koila Post & Village,

Bantwal Taluk 574 211,

D.K. Karnataka.                       …….. COMPLAINANT

(Advocate for Complainant: Sri A.Nagaraj.N)

          VERSUS

The Branch Manager,

Vijaya Bank,

City Mangalore Branch,

Catholic Center, Hampankatta,

Mangalore-575 001.                 ……OPPOSITE PARTY

(Opposite Party:  Exparte)

ORDER DELIVERED BY HON’BLE PRESIDENT

SMT. ASHA SHETTY:

I.      1. This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service as against the Opposite Party claiming certain reliefs.

The brief facts of the case are as under:

The complainant stated that, he had seven Vijaya Shree Unit Deposit accounts with the Opposite Party.  It is stated that, apart from that the complainant also having a S.B. Account No.16377 with the Opposite Party Bank from past several years and the account is being operated in regular basis.

It is stated that, on 4.3.2014 when the complainant visited the bank and verified, surprised to note that a total sum of Rs.5,909/- was deducted from the interest payable to the complainant from his VSU Deposit accounts on various dates.  On verification with the Branch Manager, he informed the Complainant that the deductions were made towards TDS and the amount was remitted to Income Tax Department.  It is stated that the Opposite Party inspite of submitting Form No.15H in the month of April every year the Opposite Party has did deductions.  It is stated that once the Form No.15H is submitted by the customer, the bank are not supposed to make any deductions from the customers.

It is stated that in spite of requests the Opposite Party not bothered to considered the request and later on 4.3.2014 a sum of Rs.2,336/- was credited and again on 6.3.2014 again the Opposite Party bank debited Rs.2,336/-.  Thereafter the Complainant sent a registered legal notice inspite of that the Opposite Party not complied the demand made therein.  Hence the complainant filed the above complaint under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Party to refund  the amount wrongly collected by the Opposite Party from my VSU account credited the same to my SB account on 4.3.2014 and again debited on 6.3.2014 towards TDS of Rs.2,336/- and loss of interest incurred to the complainant by crediting the TDS amount to SB account instead of VSU Account Interest on Rs.2,459/- from the date of debit till the date of filing the suit at the rate of 21% p.a. expenses of lawyers notice served to the Opposite Party on 20.6.2014 along with compensation and cost of the proceedings.

II.     1. Version notice served to the Opposite Party by R.P.A.D. Opposite Party inspite receiving version notice not appeared nor represented the case till this date. Hence Opposite Party placed exparte and postal acknowledgement marked as Court Doc.No.1.

III.    1.  In support of the complaint, Sri D.Chandrashekar Shetty (CW1) – Complainant filed affidavit reiterating what has been stated in the complaint and documents produced at Ex.C1 to C15. Opposite Party placed exparte.

        In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the Complainant proves that the Opposite Party has committed deficiency in service?

2. If so, whether the Complainant is entitled for the reliefs claimed?

3. What order?

                We have considered the notes/oral arguments submitted by the learned counsel for the complainant and also considered the materials that was placed before this Forum and answer the points are as follows:

                                Point No.(i): Affirmative.

                                Points No.(ii) & (iii): As per the final order.      

REASONS

IV.    1.  POINTS NO. (i) TO (iii):

In order to substantiate averments made in the complaint, the complainant (CW-1) filed evidence by way of affidavit in support of documents, wherein, the Ex.C6 to C12 are the copies of the Vijayashree Unit deposit receipts. Ex.C14 and C16 are copies of the details interest on deposit account accrued. The Ex.C1 is the registered letter sent by the Complainant to the Opposite Party and Ex.C3 is the lawyer’s notice with the Acknowledgment clearly reveals that the Complainant deposited certain sum of money under VSU deposit on various dates with the Opposite Party.  But the Opposite Party inspite of taking Form No.15H deducted the TDS which is not correct and Opposite Party ought to have issued a prior intimation before deducting the TDS. Since the Complainant has submitted 15H Form the Opposite Party bank is not supposed to deduct the amount under TDS.  Therefore we are of the opinion that the Opposite Party bank taken one step further and thereby committed deficiency in service and also it amounts to unfair trade practice.

Apart from the above, the Opposite Party inspite of receiving version notice not appeared nor contested the case, the entire material evidence produced by the Complainant is not contradicted nor controverted which requires no further proof.

By considering the material evidence available on record, we find that the Opposite Party inspite of receiving 15H Form from the customer herein the Complainant deducted the TDS which amounts to deficiency in service as well as unfair trade practice.

In view of the aforesaid reasons, the Opposite Party i.e. Vijaya Bank, represented by its Manager is hereby directed to re-credit the amount of Rs.2,336/- (Rupees Two thousand three hundred thirty six only) to the Complainant.  And also pay Rs.5,000/- (Rupees Five Thousand only) for the inconvenience and harassment caused to the Complainant and also pay Rs.3,000/- (Rupees Three thousand only) as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.

        In the result, we pass the following:-     

ORDER

The complaint is allowed. Opposite Party i.e. Vijaya Bank, represented by its Manager is hereby directed to re-credit the amount of Rs.2,336/- (Rupees Two thousand three hundred thirty six only) to the Complainant.  And also pay Rs.5,000/- (Rupees Five Thousand only) as damages and also pay Rs.3,000/- (Rupees Three thousand only) as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.

        In case of failure to pay the above mentioned amount within the stipulated time, the Opposite Party is directed to pay interest at the rate of 12% per annum on the above said total amount from the date of failure till the date of payment.

Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.

(Page No.1 to 9 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 31^st day of March  2015)

PRESIDENT                         MEMBER

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW1 – Mr.D.Chandrashekar Shetty – Complainant.

Documents produced on behalf of the Complainant:

Ex C1: 3.6.2014: Registered letter sent to O.P.

Ex C2: Postal acknowledgment and lawyer’s notice.

Ex C3: 20.6.2014: Lawyer’s notice

Ex C4 & 5: Postal Acknowledgments.

Ex C6: to C12: Xerox copies of VSU Deposit receipts.

Ex C13: 28.6.2014: Reply by the O.P.

Ex C14 and C15: Copies of interest certificates and report.

Court Document:

Doc.No.1: Postal Acknowledgment.

Witnesses examined on behalf of the Opposite Party:

- Nil -

Documents produced on behalf of the Opposite Party:       

- Nil -

Dated:31.3.2015                             PRESIDENT