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2006 (10) TMI 518
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.... the Complainants and the golden jewellery and ornaments belonging to the daughter-in-law whose marriage was performed in January, 1996, the Complainants are required to knock the doors of this Commission. Unfortunately, they are required to wait for years, because all sorts of defences are raised in such complaint. For the reasons stated below, we hold that there is nothing on record to establish that whatever is stated by the Complainants in the FIR is in any way erroneous and on that basis, we accept this complaint and award the amount as prayed for. Facts: 2. Mr.Mahender Singh Siwach, Complainant No. 1 and his wife Smt. Rajendri Devi, Complainant No. 2 filed this complaint alleging deficiency in service on the part of the Punjab and Sind Bank, Opposite Party No. 1. Smt. Chhavi Singh, daughter-in-law of the Complainants, is the O.P. No. 2, proforma party. Complainants Nos.1 and 2 were allotted Locker No. 131 and allocated Key No. 143 in the Punjab & Sind Bank, Begum Pul Branch, Meerut since August 1979. They had been paying the rental charges regularly and operating the said locker. All the valuables of the Complainants were usually kept in the said locker for safety purpo....
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....lient will compensate your client and my client will do all things to keep and uptodate trust of its customers... 5. Learned Counsel for the Complainants submits that Complainant No. 1 made a complaint to the police immediately on coming to know about removal of the jewellery from the locker and in that report the Complainants disclosed all the items of jewellery. 6. Mr. Ramender Singh Grover who was the earlier allottee of the locker in the O.P. Bank was arrested by the police, and he admitted the fraud/theft and surrendered to the bank a sum of Rs. 1,01,800/- in cash and melted gold and coins weighing 289.980 gms. The bank, in turn, handed over the said amount and the gold to the Complainants. 7. The loss suffered by the Complainants on account of the theft of their jewellery is categorized and given as under: Sl. No Particulars Weight Value 1. Ramnavmi set with stones 290.70 1,22,094/- 2. One set of necklace, etc. made of gold 185.30 77,826/- 3. One set of necklace, etc. made of gold 198.650 83,433/- 4. One pair of dastband made of gold 188.400 79,128/- 5. One teeka made of gold 28.700 12,054/....
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....Singh Grover on 18.1.1978 and that he surrendered this locker during 16.3.1978 to 21.8.1979 and key of the said locker was handed over to Bank's custodian official. At that time the concerned official did not take the signature of the hirers on the released clause of specimen card. The subsequent allotment to the Complainants of the same locker was not recorded by the Bank officials as well as surrender of the locker by Ramendra Grover was also not indicated on the locker sheet of the said locker. The same locker was allotted subsequently to the Complainant on 21.8.1979, without the above formalities, which was being operated by them since then. 12. It is alleged that the Bank's original locker sheet continued to be in the name of Ramendra Singh Grover which showed a large amount of arrears of rent and hence, a registered notice was sent on 1.8.1996 and a legal notice was served on him on 17.11.1997. On receipt of the same, Ramendra Singh deposited rent of Rs. 2,135/- on 20.11.1997 and gave a letter to the bank with the request that his key was lost and that the Bank allowed the breaking of the locker on 24.11.1997. Accordingly, breaking of the locker No. 131 was allowed....
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....de with regard to jewellery of the Complainants' daughter-in-law, who became the third person and that she is not the hirer of the locker. Further, Ramendra Singh admitted that he had taken away the contents of the locker and in the presence of the Complainant no. 1 and his relative it was stated that he was returning all the contents of the locker, i.e. cash and entire jewellery after its conversion. It is contended that the question of contents of the locker and their value required detailed examination and evidence which cannot be determined in a summary fashion under Consumer Protection Act. Since the decision of the criminal case is still awaited, it cannot be ascertained as to who was responsible for the above loss. It is pointed out that under Clause 21, bank cannot be held responsible for the said loss of the contents of the locker as they have no knowledge of the same. 17. Pending hearing of the complaint, interrogatories were filed on behalf of the O.P. No. 1 to be replied by Shri Hansraj Kohli of Paras Jewellers who is the government approved valuer and by Shri Mahendra Singh Siwach, the Complainant No. 1: a) Whether after the valuation of the jewellery d....
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....ing: 20. We heard both the parties and perused the record containing wedding photographs of the daughter-in-law, Mrs.Chhavi Singh, wearing the jewellery; interrogatories; affidavits; and statements recorded in the criminal complaint. The issues which have to be determined are: a) Whether there is any deficiency of service and negligence on the part of the opposite party , Punjab and Sind Bank towards the Complainants ? b) If so, what is the amount that is payable to the Complainants. 21. We find that the record itself proves gross negligence and deficiency in service on the part of the opposite party Bank in rendering service. Firstly, O.P.'s argument is that fraud committed by Mr. Ramendra Singh Grover, the third party in removing the contents of the locker comes under criminal jurisdiction, has no relevance as regards enforcement of civil liability against the opposite party Bank under Consumer Protection Act. There is no other valid argument given on behalf of the bank except to contend that they did not know the details of the contents of the locker and hence the Bank cannot be made liable. The Bank officials admitted their mistake and stated that th....
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....er I also got greedy. Took the gold and got it melted in Delhi and sold the diamonds and jewellery in Bombay. I have given whatever cash and gold were with me to Bank and Mahendra Singh Siwach. I have committed a mistake I tried to misappropriate their articles. 23. The above statement made by the accused who took away the golden ornaments from the locker leaves no doubt that fraud was committed in connivance with the officers of the bank. Otherwise, a person who had surrendered the locker in the year 1979 could not have thought of contending that he was prepared to pay the rental and that locker be broken open as the key was lost. The learned Sessions Judge has also observed that in any set of circumstances it was the duty of the bank officers to refer to the register which would have indicated that Mahender Singh Siwach (Complainant) was allowed the locker and in any set of circumstances the inventory ought to have been prepared before handing over the same to the accused. 24. Hence, it is a clear case of fraud played on the Complainants. This could not have been done without the connivance of the bank officials/officers. It is rightly pointed out by the Sessions Judge in t....
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....has been received from hirer(s) about loss of key, the following procedure should be adopted for breaking open the Locker: (a) An application should be obtained from hirer(s) requesting for breaking open the Locker. (b) The charges for breaking open the Locker should be realized from the hirer in advance and kept in Sundry Creditors Account. (c) An appointment should be made with the agents of the makers of lockers cabinet, to send their mechanic to drill open the Locker in consultation with the hirer(s). Locker should be broken open in the presence of the hirer(s), the Manager, Accountant and Custodian of the locker cabinet, and one respectable witness. A suitable remark about breaking open of Locker should be made in Locker Register, Renewal Diary and Specimen Signature Card. 26. The procedure laid down by the Reserve Bank of India guidelines has been completely flouted by the opposite party by not maintaining the locker register, locker key register, non-payment of rent dues and lastly the procedure that should be adopted for breaking open a locker etc. 27. In view of the statements made by the Complainants and their daughter-in-law and ....