Karnataka

Chitradurga

CC/30/2015

N.Obanna S/o. Nagappa LIC Agent - Complainant(s)

Versus

Venkatesh Deshapande S/o. Chidambaram Deshapande - Opp.Party(s)

Shri.Srinivasa R

28 Sep 2015

ORDER

COMPLAINT FILED ON : 09/03/2015

     DISPOSED ON: 28/09/2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 30/2015 DATED:  28th September 2015

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SRI.H.RAMASWAMY,               MEMBER

                                         B.Com., LL.B.,(Spl.)

SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

                               

COMPLAINANT	N. Obanna, S/o Nagappa, LIC Agent, Maruthi Nagar, Chitradurga.                    (Rep by Sri. Srinivas. R,  Advocate)
OPPOSITE PARTIES	Venkatesh Deshpande, S/o Chidambaram  Deshpande, Veritex Customer Solution Pvt. Ltd., No.8, Pravasi Nilaya, Upstairs of Kanti Sweets, B.D. Road, Chitradurga.     (Rep by Sri. R. Bhimesha,  Advocate)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

        The Complainant has  filed a complaint U.Sec. 12 of the Consumers Protection Act, 1986 against the OP for a direction to the OP to pay Rs.50,000/- and other reliefs as the Hon’ble Forum deems fit to grant.

2.     The case of the Complainant, in brief, is as under:

        The Complainant is working as an agent at Life Insurance Corporation of India, Chitradurga Branch.  He authorized OP to deposit TDS amount accrued from the LIC as a Commission to his Bank Account from the Income Tax Department for an assessment year 2014-15.  He has given ITR-V (Indian Income Tax return verification form 2014-15) Rule 31 (1)(b), Pan Card and his Savings Bank Pass Book belongs to Corporation Bank.  OP received Rs.1,000/- towards fee for crediting the TDS amount to his account and thereby the complainant became the consumer.  OP has taken signature from the complainant on the ITR-V  Form and after registration in the computer, given copies to him and at that time OP assured that, within 4 months he will fulfill his request but, failed to do so.  When he approached and enquired with the OP, OP told that, he has credited Rs.9,750/- with interest in all Rs.10,065/- to his account.  After the enquiry he came to know that, the said amount has been credited to some other account i.e., A/c No.031800101014833 instead of his A/c No. 031800101014883.  The OP has given assurance that the said mistake will be rectified.   As per the assurance given by the OP, again complainant checked his Bank A/c but, the TDS amount has not been credited to his account.  Complainant has approached and requested the OP several times, to credit the said sum, but the OP failed to do so.  Complainant sent a legal notice to OP on 07.01.2015 and the OP replied to the same.  This shows the negligence and deficiency of service on the part of OP.  Hence, this complaint.               

3.     After service of notice, OP appeared through Sri.          R. Bhimesh, Advocate and filed his version denying the contents of the complaint.  It is stated that, the complainant has given authorization to credit the TDS amount accrued from the LIC as a Commission to his account from the Income Tax Department.  It is further stated that, Complainant has not given ITR-V (Indian Income Tax return verification form 2014-15) Rule 31 (1)(b), Pan Card and his Savings Bank Pass Book belongs to Corporation Bank and other documents.  Complainant has given his Bank A/c number and PAN number by orally to him as 031800101014833.  OP has not given any assurance to the complainant for crediting of TDS amount, it is the duty of the Income Tax Department.  He has done his duty as an agent between the Tax Payer and the Income Tax Department, thereby the complainant is not the consumer to him.   His duty is to submit the documents only with regard to the TDS to the Income Tax Department after verification.  He has no right to credit the TDS amount to the account of the complainant and the Income Tax Department has a power to credit the same and he has not given any assurance with regard to crediting of TDS amount to his account.   The crediting of TDS amount by the Income Tax Department to A/c No.031800101014833 instead of A/c      No.031800101014883 is on account of wrong information given by the complainant only.  Inspite of the wrong information given by the complainant, OP has done his best effort to set right the problem.  The reason for not transferring the TDS amount to his account is on account of improper communication between the Bank and the Income Tax Department.  It is further submitted that, earlier the complainant has given Indian Bank ISFC Code instead of Corporation Bank ISFC Code at the time of registering the TDS for the assessment year 2013-14 and the OP has rectified the same on humanitarian grounds and the complainant has given wrong information earlier also.  This shows the negligence on the part of complainant himself and there is no deficiency of service on the part of OP.  Hence, prayed for dismissal of the complaint.      

4.     In support of their claim, the complainant and OP has filed their respective affidavits and written arguments.

5.   Complainant himself examined as PW-1 by filing affidavit evidence and got marked Ex A-1 to A-3.

 

        6. OP has examined as DW-1 by filing affidavit evidence and no documents are got marked. 

 

        7. Arguments heard.

 

8.     The Points that arise for our consideration are as under :

        1)     Whether the complainant has proved that there

                is a deficiency of service of on the part of OP ?

                If yes, whether the complainant is entitled for

                the relief  as sought for?  

 

        2)     What order ?

 

 

9.     My findings on the above points are as under :

        Point No.1       :       In the affirmative.

 

        Point No.2       :       As per final order.

 

REASONS

 

10.   Point No.1:-  At the very outset,  it is mentioned that there is no dispute with regard to the complainant approached the OP to do the work of crediting the TDS amount accrued from the LIC as a Commission to his Bank Account from the Income Tax Department for the assessment year 2014-15.  He has given ITR-V (Indian Income Tax return verification form 2014-15) Rule 31 (1)(b), Pan Card and his Savings Bank Pass Book belongs to Corporation Bank and  the OP received Rs.1,000/- for the same.  When the complainant approached and enquired with the OP, OP told that, he has credited Rs.9,750/- with interest in all Rs.10,065/- to his Bank account.  After the enquiry he came to know that, the said amount has been credited to some other account i.e., A/c No.031800101014833 instead of his A/c No. 031800101014883.  But the same was wrongly credited to some other account instead of complainant's Bank Account.  Complainant has approached and requested the OP several times, to credit the said sum, but the OP failed to do so.  Hence, there is a deficiency of service on the part of OP and thereby he sustained financial loss and mental agony and OP has committed deficiency of service and so, this complaint has been filed.     

11.   In support of his contentions, complainant has relied on his affidavit evidence in which he has reiterated the contents of complaint.  Complainant has also relied on documents like copy of Indian Income Tax Return Verification Form which is marked as Ex.A-1, wherein at Sl. No.9 the amount to be refunded is Rs.9,750/-.  Copy of Form No.16A is marked as Ex.A-2.  Copy of Corporation Bank Pass Book bearing No.031800101014883 belongs to Complainant is marked as Ex.A-3, wherein there is no entry in the Pass Book with regard to the debiting of the said amount.  It is the contention of the complainant that, he approached the OP for crediting the TDS amount to his Bank Account accrued from the LIC as a commission from the Income Tax Department and the OP agreed to do the said work.  But, he has credited the said amount to some other account instead of crediting to the account of the complainant.  Hence, there is a deficiency of service on the part of OP and thereby he sustained financial loss and mental agony and OP has committed deficiency of service. 

 

     12.      On the other hand, it is admitted by the OP that, the complainant approached him to credit the TDS amount accrued from the LIC as a commission to his account from the Income Tax Department.  It is the contention of the OP that, the complainant has not given ITR-V (Indian Income Tax return verification form 2014-15) Rule 31 (1)(b), Pan Card and his Savings Bank Pass Book belongs to Corporation Bank and other documents.   He has done his duty as an agent between the Tax Payer and the Income Tax Department.   His duty is to submit the documents only with regard to the TDS to the Income Tax Department after verification.  He has no right to credit the TDS amount to the account of the complainant and the Income Tax Department has a power to credit the same and he has not given any assurance with regard to crediting of the TDS amount.   The crediting of TDS amount by the Income Tax Department to A/c No.031800101014833 instead of A/c      No.031800101014883 is on account of wrong information given by the complainant only as per the contention taken by the OP in his version and affidavit.   Hence, there is no deficiency of service on the part of OP and prayed for dismissal of the complaint.

 

13.   In view of the above discussion, it is very clear that the complainant approached the OP for crediting the TDS amount to his Bank account accrued from the LIC as a commission but, the same was credited to some other account i.e., A/c No.031800101014833 instead of A/c      No.031800101014883, which is in the name of complainant.  The contention taken by the OP that, the complainant has not given any documents with regard to the account number, the complainant has informed him orally about the account number and etc., which cannot be believed and accepted, which shows the negligence and deficiency of service on the part of OP.  Therefore, we have no hesitation to accept the contention taken by the complainant that, there is a deficiency of service and negligence in crediting the TDS amount to the complainant Bank account.  Hence, in our considered opinion, the complainant has suffered a lot by the deficiency of service and negligence on the part of OP.   Considering the facts and circumstances of the case, we are come to the conclusion that, it is just and necessary to allow the complaint filed by the complainant.   Accordingly, we answer Point No.1 as affirmative to the complainant.

 

14.   Point No.2:-  For the foregoing reasons, we pass the following:

ORDER

        The complaint filed by the complainant U/Sec.12 of the C.P. Act, 1986 is hereby allowed.   We hereby award Rs.10,065/-to  the complainant together with interest at the rate of 9% p.a. from the date of filing the complaint  i.e., 09.03.2015 till realization, apart from Rs. 5,000/- towards mental agony.  

Further, the OP is also directed to pay Rs.1,000/- to the complainant towards costs.

The OP is directed to pay the above amount to the complainant within 60 days from the date of this order.  

(This order is made with the consent of Members after the correction of the draft on 28/09/2015 and it is pronounced in the open Court after our signatures.)        

 

MEMBER                   MEMBER                      PRESIDENT

 

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1.

Witness examined on behalf of complainant:

-Nil-

On behalf of OP by filing affidavit evidence taken as DW-1.

Witnesses examined on behalf of OP:

-Nil-

Documents marked on behalf of complainant:

01	Ex-A-1:-	copy of Indian Income Tax Return Verification Form
02	Ex-A-2:-	Copy of Form No.16A
03	Ex-A-3:	Copy of Corporation Bank Pass Book bearing No.031800101014883 belongs to Complainant.

 

Documents marked on behalf of Opponent:

 

-Nil-

 

MEMBER                   MEMBER                      PRESIDENT

Rhr.