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Cause Title/Judgement-Entry
IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/125/2020
( Date of Filing : 09 Nov 2020 )
(Arisen out of Order Dated 10/06/2020 in Case No. Complaint Case No. CC/75/2018 of District Cuttak)
 
1. Tusar Nayak
S/O- Harekrushna Nayak, At- Aparna Nagar, Ps- Chauliaganj, Po- Nayabazar
Cuttack
odisha
2. Rubi Nayak
D/O- Harekrushna Nayak, At- Aparna Nagar, Po- Nayabazar
Cuttack
odisha
...........Appellant(s)
Versus
1. Branch Manager, UCO Bank, City Branch
Mahanadi Vihar, Po- Nayabazar
Cuttack
Odisha
2. Zonal Manager, UCO Bank
C-2, Ashok Nagar, Bhubaneswar
Khurda
odisha
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 
PRESENT:Mr. H. Nayak, Advocate for the Appellant 1
 M/s. B.B. swain & Associates., Advocate for the Respondent 1
Dated : 26 Aug 2021
Final Order / Judgement

                    

                       The representative of the appellant is absent.

2.                     Heard the learned counsel for the respondent.

3.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

4.               The case of the complainant in nutshell is that the complainant no.1 and his wife made Fixed Deposit of Rs.5,00,000/- with OP No.1 on 4.4.16.The maturity value was shown in the certificate was Rs.5,39,626/-. At the time of renewal of FD  the OP No.1  reduced  Rs.8002/-  and renewed rest of the amount without supplying any TDS  certificate to the complainant no.1. On 17.4.17 the complainant no.1 requested to OP No.1 to refund the deducted amount but they replied that the above amount was deducted as OP No.1 failed to supply 15 G form  for the year 2016-17 and Pan card for the purpose of Income Tax. It is alleged that the OP assured that the deducted amount would be deposited in the account  by  31st May of that year. It is also alleged that the OP No.1 required copy of Adhar Card and pan card for opening of Savings Bank account although these were filed by the complainant in the UCO Bank,Chauliaganja Branch,Cuttack for other transaction. The complainant also requested OP No.1 on 12.5.17 to accept the 15 G form filed by him at UCO Bank,Chauliaganja Branch,Cuttack but OP No.1 refused to accept same.

5.           It is alleged further by the complainants that complainant no.2 and her husband  had also deposited Rs.2,00,000/- with OP No.1 on 12.04.15. While their amount was also renewed ,there was  tax deduction of Rs.1372/-. The complainant No.2 has also requested to refund the deducted amount  as TDS certificate was not issued to complainant no.2. The complainants alleged that  the activities of the OP are  completely deficiency of service on their part.

6.                     The OP entered appearance and denied all the allegation. They have averred in their  counter  that the complainants have  not produced the copy of the Adhar Card, pan card,  15 G form and other documents  while opening the S.B. account for  which tax deduction was made. They submitted that they have no deficiency of service on their part.

7.              After hearing both the parties, learned District Forum dismissed the complaint on merit.

8.             The complainants/appellants being represented by their father have submitted that learned District Forum, without going to the merit of the case had dismissed  the complaint against their interest. According to him the OP-Branch should have verified the documents required by them from their Cuttack Branch.  He also submitted that no copy of the Form-16 under Income Tax Act was supplied to complainant no.1. Learned District Forum has not applied judicial mind to the fact and law involved in this case. Therefore, he submitted to set-aside the impugned order  and allow the complaint.

9.         Learned counsel for the respondent submitte


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