STATE CONSUMER DISPUTES REDRESSAL COMMISSION MADHYA PRADESH FIRST APPEAL NO. SC/23/A/19/1140 STATE BANK OF INDIA PRESENT ADDRESS - THRO BR. MANAGER, SARAFA BAZAAR BR., HOSHANGABAD.,MADHYA PRADESH.

STATE BANK OF INDIA PRESENT ADDRESS - THRO REG. MANAGER, VAKRATUND COMPLEX, NR. BUS STAND, DIST. HOSHANGABAD. ,MADHYA PRADESH.

.......Appellant(s)

Versus MANSI GAUR PRESENT ADDRESS - R/O LIG 68, NYAS COLONY, NR. WATER TANK, WARD NO.13, ITARSI, TEH. ITARSI. DIST. HOSHANGABAD. ,MADHYA PRADESH.

.......Respondent(s)

BEFORE:

HON'BLE MRS. JUSTICE SUNITA YADAV , PRESIDENT HON'BLE MRS. DR. MONIKA MALIK , MEMBER FOR THE APPELLANT: STATE BANK OF INDIA FOR THE RESPONDENT:

MANSI GAUR DATED: 10/09/2025

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL PLOT NO.76, ARERA HILLS, BHOPAL FIRST APPEAL NO. 1140 OF 2019

(Arising out of order dated 13.05.2019 passed in C.C.No.13/2016 by the District Commission, Hoshangabad)

1. STATE BANK OF INDIA,

THROUGH ITS BRANCH MANAGER,

SARAFA BAZAR BRANCH

HOSHANGABAD (M.P.)

2. STATE BANK OF INDIA, THROUGH ITS REGIONAL MANAGER, REGIONAL OFFICE, VAKRATUND COMPLEX, NEAR BUS STAND, DISTRICT-HOSHANGABAD (M.P.) … APPELLANTS.

Versus MANSI GAUR D/O SHRI ANAND MOHAN GAUR, R/O LIG-68, NYAS COLONY, NEAR WATER TANK, WARD NO.13, ITARSI DISTRICT-HOSHANGABAD (M.P.) … RESPONDENT.

BEFORE:

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT HON’BLE DR. MONIKA MALIK : MEMBER COUNSEL FOR PARTIES :

Shri Vijay Shahani, learned counsel for the appellant. Shri Parag Kale, learned counsel for the respondent.

O R D E R (Passed On 10.09.2025)

The following order of the Commission was delivered by Dr.

Monika Malik, Member:

The opposite parties/appellants-bank have filed this appeal against the order dated 13.05.2019 passed by the District Consumer Disputes Redressal Commission, Hoshangabad (For short ‘District Commission’) in C.C.No.13/2016 whereby the District Commission has allowed the complaint filed by the complainant/respondent.

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2. Briefly put, facts of the case are that the complainant met with a road accident on 19.01.2003 and in the case filed before the Motor Accident Claims Tribunal for the compensation for permanent disablement, the Tribunal awarded compensation vide order dated 19.03.2004 out of which the complainant deposited Rs.1,34,900/- in Term Deposit (Fixed Deposit) account no. 53019932076 with the opposite party-bank on 06.08.2005, the maturity date of which was 06.08.2015 and the maturity amount was Rs.2,50,811/-. Since the complainant was in need of money for artificial leg, she took permission from the MACT for premature withdrawal of amount deposited in Fixed Deposit and applied to the bank for the same. The opposite party no.1-bank deposited Rs.2,11,000/- in her savings bank account number 53019897857 on 21.04.2015 and did not pay the remaining amount of Rs.39,811/-. On enquiry being made it was informed that income tax amount was deducted whereas the amount of compensation deposited in Fixed Deposit is free from any tax. The complainant therefore alleging deficiency in service on part of opposite party-bank filed a complaint before the District Commission seeking relief.

3. The opposite parties-bank in their reply before the District Commission submitted that the compensation amount of Rs.1,34,900/- awarded by the Motor Accident Claims Tribunal was deposited with the opposite party no.1-bank in FDR No.53019932076 in the account of the complainant. The said amount was deposited for the period w.e.f. 06.08.2005 to 06.08.2015 and the maturity amount was Rs.2,50,811/-. As per Income Tax Act, 1961 out of interest accrued on the deposits 20% amount as TDS is deducted before making payment. If the complainant could have produced the PAN card, only 10% TDS was deducted from the amount. An amount of Rs.10,524/- was deducted as TDS and deposited with the Income Tax Department of which certificate was send to the complainant at her address by post which was received back with postal endorsement "Addressee has gone out of station for a long period