Complaint filed on: 10-06-2013 Disposed on: 25-11-2013 BEFORE THE BANGALORE IV ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 C.C.No.1064/2013 DATED THIS THE 25th NOVEMBER 2013 PRESENT SRI.J.N.HAVANUR, PRESIDENT SRI.H.M.SHIVALINGAPPA, MEMBER Complainant: - G.Gurubasappa, No.194, KEB Layout, Sanjay Nagar, Bangalore-94 V/s Opposite party:- The Manager State Bank of India Bangalore City Branch, J.C.Road, Bangalore-02 ORDER SRI.J.N.HAVANUR, PRESIDENT This is a complaint filed by the complainant against the OP, praying to pass an order, directing the OP to refund Rs.3,872=00 alongwith interest at 18% per annum on the said amount from 2-7-2003 and cost of litigation. 2. The brief facts of the complaint can be stated as under. The complainant has remitted Rs.3,872=00 towards income tax for the year 2003-2004 on 2-7-2003 in the OP bank. The OP has received the cash and acknowledged with bank seal as cash received and the concerned officials and officers have put their signature and returned the challan. However, they did not record the serial number or scroll number on the challan. The income tax authorities insisted for providing the serial number or scroll number of the challan. On 7-1-2013 the complainant personally visited the bank and met one Sri.Prakash, Deputy Manager and requested for providing the particulars of the challan number or scroll number. He suggested for sending a letter and to wait since the information has to be collected from the Bombay branch. According the complainant had sent his application letter of request for furnishing the required challan number or scroll number on 7-1-2013 and second and third reminders were sent on 7-2-2013 and 4-3-2013. The OP has neither replied the reminder letters nor furnished the required information. The complainant was forced for requesting the bank to refund the money with interest at 18% per annum from the date of remittance on 2-7-2003 and accordingly letter was sent on 26-4-2013, but the OP bank did not respond to the complainant’s request. For the year 2011-12 the income tax department instead of refunding the money due to complainant has adjusted the refundable money against the amount due for the year 2003-2004. The silence of OP has forced the complainant to presume that money has not been remitted to the income tax department and it has been misappropriated by the concerned person. So the complainant requests the forum to direct the OP to refund Rs.3,872=00 alongwith interest at 18% on the said amount from 2-7-2003 and cost of litigation and total amount of Rs.13,852=00 is claimed in the complaint. Hence the present complaint is filed. 3. After service of notice, the OP did not appear before this forum, the OP has been called out absent, and he has been placed exparte and posted the case for filing of affidavit of the complainant. 4. So as to prove the case, the complainant has filed his affidavit by way of evidence and produced six documents. We have heard the arguments of complainant and we have gone through the oral and documentary evidence of complainant in between lines. 5. One G.Gurubasappa, who being the complainant has stated in his affidavit that, a sum of Rs.3,872=00 was remitted on 2-7-2003 towards income tax for the year 2003-2004 in the OP bank The OP has received the cash and acknowledged with bank seal as cash received and the concerned officials and officers have put their signature and returned the challan. However, they did not record the serial number or scroll number on the challan. The income tax authorities insisted for providing the same. On 7-1-2013 he personally visited the bank and met one Sri.Prakash, Deputy Manager and requested for providing the challan number or scroll number. He suggested for sending a letter and asked him to wait since the information has to be collected from the Bombay branch. According he has sent his application letter of request for furnishing the required challan number or scroll number on 7-1-2013 through speed post and second reminder was sent on 7-2-2013 through speed post and third reminders were sent on 4-3-2013 through speed post. Since, the OP has neither replied nor furnished the required information. So, he was forced for requesting the bank to refund the money with interest at 18% per annum from the date of remittance on 2-7-2003 and accordingly letter was sent on 26-4-2013 through speed post, but the OP bank has not responded his request. For the year 2011-12 the income tax department instead of refunding the money due to him as adjusted the refundable money against the amount due for the year 2003-2004. 6. The above said assertions of complainant have remained uncontroverted, the OP has neither filed version nor denied the sworn testimony of the complainant. So under the circumstance, we have no reasons to disbelieve the oral testimony of the complainant. 7. Let us have a look at the relevant documents of complainant. Document no.1 of the complainant is the copy of refund adjustment letter of income tax department in the name of complainant, wherein it is stated that, they have adjusted refund amount of Rs.1,370=00 against the year 2003-04 and date of adjustment was on 22-2-2012 and demand year was 2009-10. Document no.2 is the copy of letter of complainant dated 26-4-2013 to OP stating that, the information requested with regard to remittance of income tax for the year 2003-2004 is not yet received by him despite lapse of three months and it seems that amount remitted has been misappropriated by the concerned officials of the bank and income tax authorities have recovered the same amount from him, so he has left with no choice but to demand the money from the OP with interest at the rate of 18% from 2-7-2003 till the date of refund of the amount and if the amount is not refunded, he will seek relief from the Consumer Forum. Document no.3 is the copy of letter of complainant dated 4-3-2013 addressed to the OP praying to furnish the information by 7-4-2013 otherwise he will proceed in the matter according to law. Document no.4 is the copy of letter of complainant dated 7-2-2013 addressed to the OP to expedite the information sought for at the earliest as endorsement sought is not yet received by him. Document no.5 is the copy of letter of complainant dated 7-1-2013 addressed to the OP stating that, today he met Sri.Prakash, Deputy Manager and showed the challan regarding remittance of Rs.3,872=00 in cash on 2-7-2003 and in the challan, the challan number or serial number of scroll has not been mentioned, so the income tax officer has not given credit of the above remittance to his account and he is insisting the challan number of the serial number in the scroll to be furnished to give credit of the above remittance. The copy of the challan is enclosed for their ready reference; kindly furnish the challan number or serial number in the scroll, so as to submit the same to the income tax officer concerned. The said document is annexed with the copy of challan having seal of the OP for having received the cash of Rs.3,872=00 on 2-7-2003, wherein the challan number or serial number in scroll number is not found appearing. 8. The oral evidence of complainant that, though he credited the amount of Rs.3,872=00 towards Income Tax for the assessment year 2003-04 on 2-7-2003 in the OP bank income tax department did not take into account of challan number or serial number in the scroll was not given, inspite of issuance of several letters and on account of mistake of the OP, refund amount has been adjusted by income tax department stands corroborated by copies of challan of income tax dated 2-7-2003, letter from the income tax department and letters of correspondences made by the complainant to OP. 9. So looking to the oral and documentary evidence of the complainant, it is made manifest that, on account of negligence of OP, in not putting the challan number or serial number of scroll number in the challan, the complainant has to suffer both monetary and mentally and act of the OP in not putting challan number or serial number in scroll of challan while receiving the income tax amount from the complainant tantamounts to sheer negligence and deficiency of service on the part of the OP. The complainant who comes to the forum seeking relief has proved with clear cogent and consistent material evidence that, there is deficiency of service on the part of the OP in not putting challan number or serial number in scroll of the challan while receiving the income tax amount from the complainant and due to mistake of the OP, Income Tax department has not taken an amount of Rs.3,872=00 credited on 2-7-2003 to the complainant’s account. So the complainant is entitled to claim of Rs.3,872=00 from the OP. The OP is directed to refund Rs.3,872=00 to the complainant within 30 days from the date of receipt of this order, failing which, the OP shall pay the said amount to the complainant alongwith 7% interest per annum on the said amount from the date of this order to till the date of realization, and the OP is further directed to pay Rs.2,000=00 to the complainant towards cost of litigation. In the result, for the foregoing reasons, we proceed to pass the following order. ORDER The complaint of the complainant is partly allowed. The OP is directed to refund Rs.3,872=00 to the complainant, within 30 days from the date of receipt of this order, failing which, the OP shall pay the said amount to the complainant alongwith 7% interest per annum on the said amount from the date of this order to till the date of realization. The OP is further directed to pay Rs.2,000=00 to the complainant towards cost of litigation. Supply free copy of this order to both parties. (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this, the 25th day of November 2013). MEMBER PRESIDENT |
