Tamil Nadu

South Chennai

CC/328/2016

Shanthi Thanikasalam - Complainant(s)

Versus

The Chief Manager, State Bank of mysore - Opp.Party(s)

G.thangavel , K.Thanikasalam

01 Nov 2017

ORDER

                                                                        Date of Filing :   17.08.2016

                                                                        Date of Order :   01.11.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.328/2016

WEDNESDAY THIS  1^ST  DAY OF NOVEMBER 2017

 

Mrs. Shanthi Thanikasalam,

W/o. Thanikasalam,

L-96, II Main Road,

Kamaraj Nagar West,

Thiruvanmiyur,

Chennai 600 041.                                      .. Complainant

                                        ..Vs..

 

1. The Chief Manager,

State Bank of Mysore,

BIRWA Complex,

Alake Car Street (Post),

Mangalore, Pin 577 003.

Karnataka State.

 

2. The Regional Manager,

State Bank of Mysore,

TAN Mami Branch,

231, NSC Bose Road,

Chennai 600 001.

 

3. The Manager,

State Bank of Mysore,

Sastri Nagar Branch,

No.6A, 1^st Avenue,

Sastri Nagar,

Adayar, Chennai 600 020.                            .. Opposite parties.

 

 

Counsel for Complainant        :   M/s. G.Thangavel & others.       

Counsel for opposite parties   :    Exparte.

 

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.2,00,000/-towards compensation for deficiency of service and also to pay a sum of Rs.6020/- towards wrongly recovered by the opposite parties and also to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that  he is a retired Central Government employee having saving bank account No.54005189273 with the 3^rd opposite party.  The complainant’s  retirement benefits are credited in the above savings bank account.   The complainant used to file Income Tax Return to the authorities.   During the month of March 2016 a sum of Rs.24,138/-  was credited into the account of the complainant.   Similarly for the month of April 2016 a sum of Rs.24,948/- was credited.   But to his surprise in the month of May 2016 a sum of Rs.18,928/- alone credited into the savings bank account deducting a sum of Rs. 6020/- towards TDS by the 3^rd opposite party bank vide  P.P.No.285540900779 and dairy No.PN-10909295.  Further the complainant state that the income tax for the year 2016-2017 is Rs.3,01,000/- and the complainant  income tax exemption is Rs.3,00,000/- only a sum of Rs.1,000/- alone taxable.    The complainant used to file income tax returns also.   Question of TDS never arise with regard to the income of the complainant.      Even after repeated requests made by the complainant with the opposite parties bank has  failed to respond properly.   As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore the opposite party were  set exparte.  

3.     Though the  opposite parties  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A5  are marked.

 

5. The Points for consideration is : -

Whether the complainant is entitled to a sum of Rs.2,00,000/-towards compensation for deficiency of service and also to pay a sum of Rs.6020/- towards wrongly recovered by the opposite parties with cost as prayed for?

 

6. :

 

The complainant pleaded in  the complaint and contended that the complainant is a retired Central Government employee having saving bank account No.54005189273 with the 3^rd opposite party as per Ex.A3.  The complainant’s retirement benefits are credited in the above savings bank account.   The complainant used to file Income Tax Return to the authorities.   During the month of March 2016 a sum of Rs.24,138/-  was credited into the account of the complainant.   Similarly for the month of April 2016 a sum of Rs.24,948/- was credited.   But  to his surpris in the month of May 2016 a sum of Rs.18,928/- alone credited into the savings bank account deducting a sum of Rs. 6020/- towards TDS by the 3^rd opposite party bank vide  P.P.No.285540900779 and dairy No.PN-10909295.  The learned counsel for the complainant contended that the income tax for the year 2016-2017 is Rs.3,01,000/- and the complainant  income tax exemption is Rs.3,00,000/- only a sum of Rs.1,000/- alone taxable.    The complainant used to file income tax returns also.  The  question of TDS never arise with regard to the income of the complainant.    The deduction of Rs.6020/- by the 3^rd opposite party bank towards TDS is unwarranted.    The complainant’s  TDS collected by the Head of the Department regarding Pension  Department.   Even after repeated requests made by the complainant with the opposite parties bank on 1.6.2016 and 2.6.2016 the opposite parties has not responded properly and delayed matter wrongly.  Hence the complainant was constrained to file this case and claiming to refund a sum of R.6020/- and for compensation.  But the complainant has not proved the quantum of mental agony in this case.   Considering the facts and circumstances of the case this forum is of the considered view that the  opposite parties 1  to 3  are jointly and severally liable to pay a sum of Rs.6020/-  with interest at the rate of 9% p.a. from the date of complaint i.e. 17.8.2016 to till the date of this order i.e. 1.11.2017 and shall pay compensation of Rs.10,000/- towards mental agony with cost of Rs.5,000/- to the complainant.

In the result the complaint is allowed in part.  The opposite parties 1  to 3  are jointly and severally liable to pay a sum of Rs.6020/- (Rupees six thousand and twenty only)  with interest at the rate of 9% p.a. from the date of complaint i.e. 17.8.2016 to till the date of this order i.e. 1.11.2017 and shall pay compensation of Rs.10,000/- (Rupees Ten thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amount shall carry interest at the rate of 9% p.a to till the date of payment.

 

           Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 1^st day  of  November 2017.  

 MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents:

Ex.A1- 16.7.2015  - Copy of Form No.15H of State Bank of Mysore.

Ex.A2- 25.4.2016  - Copy of representation to the 3^rd opp. party.

Ex.A3-         -       - Copy of pass book’s first page.

Ex.A4- 1.7.2016    - Copy of legal notice.

Ex.A5- 2.8.2016    - Copy of representation to the Pay and Accounts officer.

 

Opposite parties’ side document: -     ..Nil..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.