Please Help: refund

An assessee in the a.y 2011-12 has filed his return on 14.09.2011 shown as TDS refund Rs. 17682 on his commission income after checking the status through 26AS.later on,the co. from whom he receive commision income get an income tax notice for not deducting tds.Since, the co. deduct tds from the assesse a huge amountand the assessee also filed a return on 23.11.2011 for the same A.y shown as tds refund Rs. 49196.the assessee only received Rs. 17682 as tds refund and the rest of tds amount is due.whether the assessee should get the refund of the rest amount?