Date of Filing: 09.10.2014                                                       Date of Final Order: 30.04.2015

The case of the complainant, Anil Kr. Barman in brief is that the complainant has a Savings Bank Account with the Axis Bank, Sunity Road, Cooch Behar bearing No.910010017352461 which was opened on 31/05/2010and time to time he has operated the said account. The complainant also has a fixed deposit of an amount of Rs.1,75,000/- on 04/07/2013 bearing account No.913040031850518, for which monthly interest of Rs.1,375/- per month is credited into his account No.910010017352461 maintained with the O.P bank. But unfortunately on 04/04/2014 being interest credited in his savings bank account Rs.1,237/- instead of Rs.1,375/- i.e. the complainant got less amount Rs.138/-. In question the O.P bank official said that the complainant get back the less amount shortly but till today he has not received the said less amount. Also the complainant waited till 05/06/2014 then he has submitted petition to the Branch Manager, Axis Bank on 05/06/2014 and his Form 15H duly submitted on 09/04/2014.

It is the further case of the complainant that as per standing circular 15H Form should be submitted by 15^th April of every year and he received SMS for receipt of 15H Form by the bank.

It is the next case of the complainant that on 05/06/2014 the bank official informed him that Rs.138/- was deducted for Tax and he would get certificate in this respect by 15^th/20^th August.

It is the further case of the complainant that he has filed an application before the Assistant Director, CA & FBP, Cooch Behar against the bank but the O.P bank did not turn up.    

Finding no other alternative way, the complainant filed the present case praying for issuing a direction upon the O.P to pay (i) Rs.10,000/- for compensation including Rs.138/-, (ii) Rs.15,000/- for mental agony, and (iii) Rs.5,000/- towards litigation cost, besides other relief(s) as the Forum deem fit, as per law & equity.

The O.P., Branch Manager, Axis Bank has contested the case by filing W/V denying all material allegation of the complaint contending inter-alia that the case is not maintainable.

It is the specific case of the O.P that the monthly interest (MIS) of Rs.1,375/- for the aforementioned fixed deposit of Rs.1,75,000/- vide account No.913040031850518 is credited every month to his savings account No.910010017352461 on 4^th date of every calendar month. Hence, the monthly interest of Rs.1,375/- has been credited to his said savings account on 04/04/2014 for Rs.1,237/- (less TDS amount deducted for Rs.138/-) and the customer submitted the Form 15H on 09/04/2014, which has been updated in the system on 09/04/2014 itself. As the interest has been credited on 04/04/2014 and Form 15H has been submitted on 09/04/2014, the TDS of Rs.138/- has already been deducted for the month of April, 2014. The Form 15H deposited by the customer on 09/04/2014 and updated by the bank on 09/04/2014 itself has been considered and thereafter the monthly interest of Rs.1,375/- (without any TDS deductions) has been credited to the said savings account from the month of May, 2014 onwards. It is submitted that if the complainant wants to take advantage of the filing of Form 15H then the Form 15H has to be filed within a reasonable time. In this case the interest is credited into the account of the complainant on 04/04/2014 i.e. before submission of the Form 15H and hence, as per the Income Tax it is the statutory duty of the bank to deduct the tax at the appropriate rate. It is further submitted that if the bank fails to deduct such tax at the appropriate rate, then the Income Tax Act prescribes penalty and prosecutes on the bank. It is submitted that the Law prescribes that tax once deducted and paid to the tax authority, the deductor cannot refund the amount. It is for the aggrieved person to approach Income Tax authority and get refund of the same by filing proper returns.

Ultimately, O.P prayed for dismissal of the case.

In the light of the contention of the complainant, the following points necessarily came up for consideration.

POINTS  FOR  CONSIDERATION

1. Is the Complainant a Consumer as per Section 2(1) (d) (ii) of the C.P. Act, 1986?
2. Has this Forum jurisdiction to entertain the instant complaint?
3. Has the O.P any deficiency in service by repudiating the claim of the Complainant?
4. Whether the Complainant is entitled to get relief(s) with compensation?

DECISION WITH REASONS

We have gone through the record very carefully, perused the entire documents in the record also heard the argument at a length by the parties.

Point No.1.

Evidently the complainant has a Savings Bank Account in the Cooch Behar branch of the O.P Axis bank and he is depositing and withdrawing money from there. So the complainant is a consumer under the O.P bank.

Point No.2.

The O.P Axis bank has branch office at Cooch Behar within the jurisdiction of this Forum and the total valuation of this case is Rs.30,000/- which is far below than maximum pecuniary limit of this Forum i.e. Rs.20,00,000/-. So, this Forum has territorial and pecuniary jurisdiction to try this case.

Point No.3 & 4.

Admittedly the complainant has a savings bank account with O.P Axis bank, Sunity Road, Cooch Behar also has a fixed deposit of Rs.1,75,000/- there which was deposited on 04/07/2013 for which monthly interest of Rs.1,375/- per month is credited in his savings bank account.

In support of this case the complainant has filed original Pass Book ‘Annexure-1’ and deposit receipt dated 04/07/2013 amounting of Rs.1,75,000/- as fixed deposit with interest of 9.5% P.A under monthly scheme.

It is the case of the complainant that he has been getting monthly interest of Rs.1,375/- since 03/08/2013 and his Pass Book also shows so. The main allegation of the complainant is that according standing circular 15H Form should be submitted by 15^th April of every year and he submitted such 15H Form 02/04/2013 before the said bank. But unfortunately on 04/04/2014 being interest credited in his savings bank account Rs.1,237/- instead of Rs.1,375/- i.e. the complainant got less amount Rs.138/-. In question the O.P bank official said that the complainant get back the less amount shortly but till today he has not received the said less amount.

It is the case of the O.P bank that as the interest has been credited on 04/04/2014 and Form 15H has been submitted on 09/04/2014, the TDS of Rs.138/- has already been deducted for the month of April, 2014. The Form 15H deposited by the customer on 09/04/2014 and updated by the bank on 09/04/2014 itself has been considered and thereafter the monthly interest of Rs.1,375/- (without any TDS deductions) has been credited to the said savings account from the month of May, 2014 onwards.      

It is the further case of the O.P bank that In this case the interest is credited into the account of the complainant on 04/04/2014 i.e. before submission of the Form 15H and hence, as per the Income Tax it is the statutory duty of the bank to deduct the tax at the appropriate rate. It is further submitted that if the bank fails to deduct such tax at the appropriate rate, then the Income Tax Act prescribes penalty and prosecutes on the bank.

We find that it is the specific case of the O.P bank that the interest in question amounting Rs.1,375/- has been deposited on 04/04/2013 and the complainant submitted 15H Form on 09/04/2013 i.e. after said deposit and O.P bank has mightly deducted Tax of Rs.138/-.

But original receipt copy of 15H Form submitted by the complainant reveals that receipt seal and signature with date shows that it was received on 02/04/2013 by the O.P bank.

So, it is clear that 15H Form was submitted by the complainant before 04/04/2013 i.e. before credit of interest and it was filed within statutory period i.e. within 15^th April of the year.

So, it is clear that the O.P bank suppressed the truth and has not come to Forum with clean hand and inspite of filing 15H Form in due time deduction of Income Tax of Rs.138/- by the O.P bank is nothing but deficiency in service.

At the end of argument the Ld. Agent/Adv. of the drew our attention to bank statement of the complainant, which shows that disputed amount of Rs.138/- has been credited in the account of the complainant by the O.P bank on 09/04/2015 during pendency of the case. But we think by such act the O.P bank cannot avoid their liability, rather admitted their illegal act.

Thus, point No.3 & 4 are decided in favour of the complainant and the case is succeeds.

ORDER

Hence, it is ordered that,

            The DF Case No.69/2014 be and the same is allowed on contest with cost of Rs.2,000/-. The O.P bank is hereby directed to pay Rs.5,000/- as compensation to the complainant for mental agony and financial loss.

The ordered amount shall pay to the Complainant directly by the O.P within 45 days failure of which the O.P shall have to pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.

            A plain copy of this order be made available and be sent to each of the parties free of cost by registered post with A/D forthwith as per rules.

Dictated and corrected by me.

              President                                                                          President

   District Consumer Disputes                                          District Consumer Disputes                       

Redressal Forum, Cooch Behar                                   Redressal Forum, Cooch Behar

                                                                  Member                                                                                

                                                   District Consumer Disputes                                         

                                                Redressal Forum, Cooch Behar