VIVEK AGRAWAL Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) PRESIDENTTHIS complaint under Section 17 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act of 1986" ) has been filed by the complainant before this Commission on 23.7.2009 against the opposite parties bank with a prayer that opposite party Nos. 1,2be ordered to pay to the complainants a sum of Rs.31,00,000 as mentioned in Paras 17 and 18 of the complaint along with interest @ 24% p.a. from the date of incident and further to pay a sum of Rs. 1 lac as cost of litigation, etc.

(2.) THE brief facts of the complaint are as follows: That the complainants had hired a locker from opposite party No. 1, the Indian Overseas Bank at Jaipur bearing locker No. 73. It was further stated in the complaint that since the size of that locker was small, the complainants had surrendered the above mentioned locker and hired another big locker bearing No. 120 on 21.8.2008 from the opposite party No. 1 and in new locker apart from the goods and ornaments which were kept in old locker No. 73, additional gold ornaments, coins etc. were also kept in the new locker on 21.8.2008. It was further stated in the complaint that the new locker was duly locked and the same was verified by the officials of the opposite party No. 1. It was further stated in the complaint that opposite party No. 1 was charging the locker rent for keeping the locker in safe custody and since the services were being provided by the opposite party No. 1 and hired by the complainants after paying the charges, therefore, the complainants are consumers. It was further stated in the complaint that on 24.8.2008 the opposite party No. 1 had informed the complainants through letter dated 24.8.2008 Anx. 1 in the following manner

(3.) FROM the pleadings of the parties, the following undisputed facts have emerged: