TDS certificate not issued

Hi,

One of my friend he has Income from Interest & Commision and the TDS amount is deducted by his account but the person(Deductor) hasn't filed TDS return nor paid for it, he hasn't received TDS certificate for the same  A.Y. 2009-2010

Now the question is Can he claim for the refund of A.Y. 2009-10, if the Deductor pays for TDS later on(late payment of TDS with interest)???

he hasn't filed Income return for A.Y. 2009-10 too. Suppose If he had filed Income Tax return would he able to claim refund??? Is there any way to Claim for Refund?? or Can he ask from Deductor for Un-paid part of TDS????

Waiting for the reply

Thanking you