Tamil Nadu

South Chennai

CC/319/2013

S.M.Jailani Bee - Complainant(s)

Versus

Union Bank of India - Opp.Party(s)

M/s. Karthick

08 Jan 2019

ORDER

 

                                                                        Date of Filing  : 03.10.2013

                                                                          Date of Order : 08.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES 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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.319/2013

DATED THIS TUESDAY THE 08^TH DAY OF JANUARY 2019

                                 

Mrs. S.M. Jailani Bee,

W/o. Mr. S.M.S. Shamsudeen,

No.20B, Pallapan Street,

Triplicane,

Chennai – 600 005.                                                      .. Complainant.                                                

 

                                                                           ..Versus..

 

Union Bank of India,

Vadapalani Branch,

Represented by its Branch Manager,

T.S.S. Plaza, Old No.83/ New No.14,

Arcot Road,

Vadapalani,

Chennai – 600 026.                                                    ..  Opposite party.

          

 

Counsel for complainant            :  M/s. Karthik & others

Counsel for the opposite party  :  M/s. S. Parthasarathy

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.27,280/- being the amount payable to the income tax department together with interest at 18% p.a. and to pay a sum of Rs.50,000/- towards compensation for negligence, deficiency in service and unfair trade practice and another sum of Rs.50,000/- towards compensation for embarrassment, insult, stress, pain suffering and mental agony with cost to the complainant.

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

The complainant submits that on 14.03.2011, the complainant paid a sum of Rs.25,000/- as advance tax for the assessment year 2011-2012 in the opposite party bank which was accepted and acknowledged by the opposite party.  The complainant submits that in the month of May 2013, the complainant received a notice dated:29.04.2013 from the IT Department for the demand of Rs.27,280/- as arrears of IT inclusive of interest for non-payment of the said amount of IT Rs.25,000/-.   The complainant submits that the complainant was much more shock and surprise to receive the notice form the IT department for the said demands towards  arrears of tax evenafter the payment of advance tax.   The complainant submits that on verification, with the IT department through website, the amount which was paid towards income tax is not remitted in the account of the complainant.    Hence, the complainant paid a sum of Rs.27,280/- on 22.06.2013.  The  complainant submits that even after repeated requests and demands, the opposite party has not returned the amount.  The said S.M. Zohra Bee also has not come forward to pay the amount.  The opposite party also has not taken any steps to collect the amount from S.M. Zohra Bee and paid to the complainant.  The complainant also lodged online complaint on 05.06.2013 for which also, the opposite party has not taken any action.   Hence, the complainant issued a legal notice dated:16.07.2013 but the opposite party has not come forward to pay the amount.  The act of the opposite party caused great mental agony.  Hence, the complaint is filed.

 2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The  opposite party states that there is a batch of six  relatives including complainant represented by their Power of Attorney, SM.S. Abdul Khader have jointly remitted advance Income Tax with the opposite party Branch and those relatives are known to each other.  The opposite party states that they had remitted the advance income tax of Rs.25,000/- on 14.03.2011 but wrongly with some other PAN No.AADPZ2933Q belonging to one S.M. Zohra Bee rep. By her Power of Attorney who is the very close relative of the complainant.   The opposite party states that the payment of Rs.25,000/- made by the complainant towards Income Tax for the Assessment year 2011-2012 was wrongly remitted into the PAN No.AADPZ2933Q twice in respect of one S.M. Zohra Bee rep. By her Power of Attorney, S.M.S. Abdul Khader by way of funds transfer vide AC No.1961 and 1962.  The opposite party states that the refund of Income Tax for the double payment of Rs.25,000/- made into credit of the PAN No.AADPZ2933Q related to the said S.M. Zohra Bee and the same was received by her knowing fully well that the refund received against the wrong remittance of advance tax of her own relative.  The opposite party has taken action on their side and sent a letter dated:15.06.2013 to the Assistant Commissioner of Income Tax, Central Processing Centre, Bangalore to rectify the defects in the wrong tax payment made in PAN No.AADPZ2933Q instead of remittance in PAN No.ADCPJ7706P pertaining to the respondent / complainant.   The letter sent on 29.05.2013 to the opposite party where the complainant, SM.Jailani bee rep by S.M.S. Abdul Khader has failed to inform the opposite party bank regarding refund of the Income Tax received by S.M. Zohra Bee rep. By S.M.S. Abdul Khader, who is the close relative of the complainant.   Therefore, there is no deficiency in service on the part of the opposite party and hence the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A9 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B16 are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.27,280/- being the amount paid to the Income tax department with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards negligence, deficiency in service and unfair trade practice and another sum of Rs.50,000/- towards mental agony, pain, sufferings etc with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard their Counsels also.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that on 14.03.2011, the complainant paid a sum of Rs.25,000/- as advance tax for the assessment year 2011 -2012 in the opposite party bank which was accepted and acknowledged by the opposite party vide counter foil Ex.A1.  Further the contention of the complainant is that in the month of May 2013, the complainant received a notice dated:29.04.2013 from the IT Department demanding a sum of Rs.27,280/- as arrears of IT inclusive of interest for non-payment of the said amount of IT Rs.25,000/- as per Ex.A2. Further the contention of the complainant is that the complainant was much more shock and surprise to receive the notice form the IT department for the said demands towards  arrears of tax evenafter the payment of advance tax.   Further the contention of the complainant is that on verification, with the IT department through website, the amount which was paid towards income tax is not remitted in the account of the complainant proves the deficiency in service.  Ex.A3 is the letter sent by the complainant to the opposite party.   Ex.A4 is the Form 26-AS showing non-payment.  Hence, the complainant was constrained to pay a sum of Rs.27,280/- on 22.06.2013 as per Ex.A7.  The opposite party also admitted in its written version para. No.5 that “there is a batch of six relatives including complainant represented by their Power of Attorney, S.M.S. Abdul Khader have jointly remitted advance Income Tax with the opposite party Branch and those relatives are known to each other.  The opposite party states that they had remitted the advance income tax of Rs.25,000/- on 14.03.2011 but wrongly with some other PAN No.AADPZ2933Q belonging to one S.M. Zohra Bee rep. by her Power of Attorney who is the very close relative of the complainant which is best known to her” proves the deficiency in service.   But no such power of attorney filed.   

6.     Further the contention of the complainant is that even after repeated requests and demands, the opposite party has not returned the amount.  The said S.M. Zohra Bee also has not come forward to pay the amount.  The opposite party also has not taken any steps to collect the amount from S.M. Zohra Bee and paid to the complainant.  The complainant also lodged online complaint as per Ex.A5 on 05.06.2013 for which also, the opposite party has not taken any action.   Hence, the complainant  issued a legal notice dated:16.07.2013 as per Ex.A8.  Even after receipt of notice, the opposite party has not come forward to pay the amount.  Hence, the complainant is constrained to file the case with the contention of wrongful crediting of the amount amounts to deficiency in service and thereafter without taking any action for recrediting the amount into the complainant account amounts to unfair trade practice.

7.     The learned Counsel for the opposite party would contend that admittedly, the complainant remitted a sum of Rs.25,000/- through one S.M.S. Abdul Khader who is the Power of Attorney for several persons who has remitted several amounts on the day.  Ex.B1 to Ex.B6 speaks about the remittance.  Further the contention of the opposite party is that inadvertendly the amount in the name of the complainant has been wrongly credited into the pan No. AADPZ2933Q in the name of S.M. Zohra Bee who is the sister of the complainant proves the deficiency in service.   But there is no record to prove such relationship.   Ex.B7 & ExB8 establishes the double payment in favour of the S.M. Zohra Bee’s a/c Further the contention of the opposite party is that the complainant without collecting the amount from S.M. Zohra Bee filed this case.  But on a careful perusal of records, after a long time, the IT department issued notice to the complainant for making demand to pay the IT along with the interest was paid by the complainant as per Ex.A7 proves the deficiency in service and unfair trade practice. Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall pay a sum of Rs.27,280/- being  the amount paid to the Income Tax Department and to pay a sum of Rs.15,000/- towards compensation with cost of Rs.5,000/-.

In the result the complaint is allowed in part.   The opposite party is directed   to pay a sum of Rs.27,280/- (Rupees Twenty seven thousand two hundred and eighty only) being the amount paid to the Income Tax department and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant. 

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

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	14.03.2011	Copy of Tax payers counterfoil No.00011 issued by the opposite party towards payment of advance tax remitted by the complainant
Ex.A2	29.04.2013	Copy of Demand Notice issued by the income Tax Department to the complainant
Ex.A3	29.05.2013	Copy of letter sent by the complainant to the opposite party
Ex.A4		Copy of Form 26AS for the year 2011-12 of the complainant
Ex.A5	05.06.2013	Copy of online complaint registered by the complainant with the opposite party
Ex.A6		Copy of online message of the website referring the complaint back to the opposite party
Ex.A7	22.06.2013	Copy of receipt for payment of the arrears of tax with interest
Ex.A8	16.07.2013	Copy of legal notice issued by the complainant to the opposite party
Ex.A9		Copy of acknowledgement

 

OPPOSITE  PARTY SIDE DOCUMENTS:- 

Ex.B1	14.03.2011	Copy of remittance Chellan No.00007
Ex.B2	14.03.2011	Copy of remittance Chellan No.00008
Ex.B3	14.03.2011	Copy of remittance Chellan No.00009
Ex.B4	14.03.2011	Copy of remittance Chellan No.00010
Ex.B5	14.03.2011	Copy of remittance Chellan No.00011
Ex.B6	14.03.2011	Copy of remittance Chellan No.00012
Ex.B7	14.03.2011	Copy of receipt, Cyber cheque/DD/Ac.No.1961
Ex.B8	14.03.2011	Copy of receipt Cyber cheque/DD/Ac.No.1962
Ex.B9	14.03.2011	Copy of receipt Cyber cheque/DD/Ac.No.1963
Ex.B10	14.03.2011	Copy of receipt Cyber cheque/DD/Ac.No.1964
Ex.B11	14.03.2011	Copy of receipt Cyber cheque/DD/Ac.No.1965
Ex.B12	14.03.2011	Copy of receipt Cyber cheque/DD/Ac.No.1966
Ex.B13	14.03.2011	Copy of Tax payers Counterfoil of S.M. Jallani BEE. Rep. By S.M.S. Abdul Hhader
Ex.B14	15.06.2013	Copy of letter addressed by UBI to Asst. Commissioner of Income Tax
Ex.B15	29.05.2013	Copy of letter addressed by S.M. Jailani BEE to UBI
Ex.B16	13.06.2012	Copy of Income Tax Demand Under CPC Order

 

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT