Punjab

Ludhiana

CC/16/600

Sardara Singh - Complainant(s)

Versus

unitech Ltd - Opp.Party(s)

compl.in person

23 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 600 of 17.08.2016

Date of Decision            :   23.11.2016

Sardara Singh Chana I.F.S.(Retd.), 58-I, Sarabha Nagar, Ludhiana-141001.

 

….. Complainant

                                                         Versus

1.Unitech Limited, 6, Community Centre, (regd.Office) Saket, New Delhi-110017.

2.Unitech Limited, Unitech House, L-Block, South City-1, Gurgaon-122001.

 

…Opposite parties

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MRS.VINOD BALA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant                      :        In person             

For OPs                         :        Ex-parte

 

PER G.K.DHIR, PRESIDENT

 

1.           Complainant claims that he is not aware as to where from the OP procured his address for sending him the literature of F.D.Schemes. Complainant filled the application form and sent the same along with cheque No.565774 dated 3.6.2013 for amount of Rs.1,50,000/- to Gurgaon address of OP2. Complainant received F.D.receipt No.1222045 dated 20.8.2013 from OP1. As per the terms and conditions interest on deposit would be compounded monthly and payable on maturity. This interest cheque was to reach the depositor 15 days prior to the maturity date of deposit. Interest would cease to accrue from the date of maturity. Tax where applicable to be deducted in each financial year as per the Income Tax Law from the accrued interest. Fixed deposit amount to be paid only on maturity and not on demand or notice. F.D. receipt duly discharged on revenue stamp to reach the office of the company 21 days before the date of maturity for enabling the company to timely renew or refund the deposit, as the case may be. Complainant, an income tax payee, requested OP2 on 30.4.2014 to send him the details about interest accrued on  ending year 31.3.2014 along with TDS deductions, so that he may calculate the self assessment tax for the year 2014-15. Interest certificate was received. Thereafter, the complainant included Rs.15,805/- as interest income in his income tax return for assessment year 2014-15. Complainant to support the entry of T.D.S. of Rs.1581/-, included in his Income Tax return the said amount as per the interest certificate dated 30.4.2014. TDS certificate in form No.16A was requested to be sent through email dated 6.6.2014 addressed to OP2. It was followed by series of email reminders sent on 12.6.2014, 20.6.2014, 12.7.2014, 25.8.2014, 14.10.2014 and 25.11.2014. Numerous telephonic calls even were given to customer care No.0124-4697800 for finding out the position about dispatch of TDS certificate. Even Managers of F.D. Department were contacted and received information was jotted down on letter. Every time, the complainant was disclosed that TDS has not been deposited in the Income Tax Department account and that is why, certificate had not been issued. On 20.10.2014, the complainant was disclosed that due to liquidity problem, the company had taken permission to deposit the TDS by 30.10.2014 and certificate would be sent by end of November. Complainant again contacted through telephone on 19^th November, and was disclosed that TDS has not been deposited. Due to bluffs and expenses on emails and telephonic calls, the complainant underwent mental stress for 9 months with respect to the dispatch of TDS certificate. Due to non dispatch of TDS certificate, complainant stood falsified in his income tax report for assessment year 2014-15. Motive of not sending TDS certificate is known to the Ops. Complainant called upon Ops through letters dated 10.5.2016 and 20.6.2016 for payment of maturity amount of Rs.2,17,826/- without further delay because date of maturity was 11.6.2016. Ops failed to honor the terms and conditions of fixed deposit because neither they have remitted the maturity amount of FD nor responded to the notice sent under registered post. It is claimed that there is complete deficiency in service on the part of Ops. Prayer made for directing Ops to pay the entire amount of Rs.2,17,826/- along with penal interest @18% for the period beyond 11.6.2016 without any further delay. Compensation for mental and financial harassment sought of amount of Rs.50,000/- by pleading that complainant is super senior citizen of age of 85 years and cannot wait for clear his dues.

2.                Notice of the complaint issued to Ops, but despite delivery of postal articles as revealed by Track Consignment Record of Indian Post Office, none appeared for Ops and as such, by drawing presumption of due service after lapse of period of 30 days, both Ops were proceeded against ex-parte.

3.                Complainant in ex-parte evidence tendered his affidavit Ex.CA along with documents Annexure C1 to Annexure C12 and then closed the evidence.

4.                Oral arguments heard and records gone through carefully.

5.                Annexure-C4 is photo stat copy of Fixed Deposit Receipt showing that deposited amount of Rs.1,50,000/- on maturity will become Rs.2,17,826/- as on 11.6.2016. This amount deposited by the complainant by submitting application Anexure-C3. Interest on the deposited amount is compounding monthly and payable on maturity only as per clause 4 of Annexure-C2. Date of maturity has already elapsed, but despite that amount has not been returned to the complainant as per contents of affidavit Ex.CA. The Interest cheques for the entire duration of investment will reach 15 days prior to the maturity date is also mentioned in clause 4 of Annexure-C2.  However, that interest cheques for the entire duration of investment has not reached the complainant 15 days prior to the date of maturity and as such, there is deficiency in service on the part of Ops to this extent.

6.                After going through clause 8 of Annexure-C2, it is made out that the fixed deposit receipt duly discharged on the revenue stamp must reach the office of company at least 21 days before the date of maturity to enable the company for timely renewal or refund of the deposit, as the case may be. However, after going through Annexure-C9, it is made out that the complainant called upon Ops to send the post-dated cheque for the entire amount of Rs.2,17,826/-, which he will undertook to encash only after 11.6.2016. Through para no.4 of Annexure-9, complainant undertook to send the original F.D.Receipt duly discharged after receipt of the cheque. So, contents of Annexure-C9 establishes that the complainant himself has not sent the fixed deposit receipt duly discharged on a revenue stamp 21 days prior to the date of maturity. So long as the complainant retained the fixed deposit receipt with him, company(Ops) not in a position to initiate the process for timely renewal or refund of the amount. Non-sending of F.D. receipt duly discharged by the complainant to Ops 21 days prior to the date of maturity namely 11.6.2016 shows that the complainant himself is not abiding by the terms and conditions of clause 8 of Annexure-C2. So, deficiency in service on the part of Ops due to this cannot be inferred. Even in the subsequent letter Annexure-C10, the complainant has not mentioned about the surrender of the F.D. receipt with due discharge and as such, virtually the complainant pressing for return of the maturity amount without complying with clause 8 of Annexure-C2. Company cannot be compelled to make payment of entire due amount until surrender of the F.D.receipt with due discharge by the complainant to Ops. However, interest to cease to accrue from the date of maturity as per clause 4 of the annexure-C2. So, Ops not bound to pay the interest after 11.6.2016. Annexure-C10 and Annexure-C12 is one and the same thing.

7.                Liability to deduct income tax at source is that of the company as per clause 4 of annexure-C2. After such deductions to be made by the Ops,  it is the responsibility of Ops to issue TDS certificate also. However, that TDS certificate Ex.C5 was not sent to the complainant upto 30.6.2014 for showing deductions of RS.1581/- for the period from 30.4.2013 to 31.3.2014. On the basis of this annexure C5, the complainant was bound to include Rs.15,805/- as interest income in his income tax return for the assessment year 2014-15 and as such, claim of the complainant put forth in para no.6 of affidavit Ex.CA is correct that he did show income of Rs.15,805/- in his income tax return for the assessment year 2014-15. However, similar TDS certificate for the remaining period was not sent and that is why, the complainant had to send reminders through emails as revealed by contents of annexures C6 and C7. However, Ops through Annexure-C8 called upon the complainant to submit Form 15H and as such, by sending of annexure C8, Ops committed default in complying with the terms and conditions contained in clause 4 of annexure C2 of deductions at source from the due interest. That is also act of deficiency in service on the part of Ops.  Annexure-C9 and C10 were sent by         the complainant to Ops through post office, qua which, the track report Annexure-C11 has been produced. Keeping in view the lapses on the part of complainant as well as Ops, ends of justice warrant that by keeping in view the legal position to the effect that nothing can be added or subtracted to the terms of the concluded  contract, the complainant should be directed to surrender his F.D.receipt with due discharge on revenue stamp within 30 days from the date of receipt of copy of this order and thereafter, Ops after receipt of the same, will refund the due amount of Rs.2,17,826/- minus TDS(as deducted). As complainant himself committed default in not surrendering the FD receipt with due discharge on revenue stamp and as such, complainant not entitled for any future interest, but he is entitled for compensation for mental harassment on account of non receipt of TDS certificate by Ops. Complainant has to spend on telephonic calls as well as on emails and correspondence and as such, he needs to be compensated for such mental harassment, particularly when response from Ops not received despite sending of notice through registered post. TDS certificate has to be provided by Ops and as such, directions need  be issued to Ops to provide TDS certificate to the complainant. However, from the maturity amount, the deducted tax at source has to be adjusted and as such, Ops liable to pay the maturity amount minus the deducted TDS.

8.                As a sequel of the above discussion, complaint ex-parte allowed in terms that complainant will surrender the F.D. receipt in original with due discharge on revenue stamp within 30 days from the date of receipt of copy of this order and thereafter, Ops after receipt of the same, will process the same and refund the due maturity amount of Rs.2,17,826/- minus deducted TDS amount within 30 days from the date of receipt of F.D.receipt with due discharge from the complainant. Ops also liable to send the TDS Certificate of all the deductions till the date of maturity, to the complainant, within 30 days from the date of receipt of copy of this order. Compensation for mental harassment and agony of Rs.5000/-(Rupees Five thousand only), but litigation expenses of Rs.3000/-(Rupees Three thousand only) more allowed in favour of the complainant and against OPs. Payment of awarded compensation and litigation amounts will be made by OPs to the complainant within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

9.                File be indexed and consigned to record room.

 

                   (Vinod Bala)                                       (G.K. Dhir)

                                      Member                                                President

Announced in Open Forum                                                         Dated:23.11.2016

Gurpreet Sharma.