STATE BANK OF INDIA Vs. GOPAL PRASAD MAHANTY

JUDGEMENT

(1.) The present Appeals have been filed against the Orders dtd. 31/1/2020 passed by the State Consumer Disputes Redressal Commission Jharkhand, Ranchi (hereinafter to be referred to as "State Commission"), whereby the Complaints filed by the Complainants were partly allowed and State Bank of India (hereinafter referred to as Opposite Party Bank) was directed to pay lump sum compensation of 30,00,000/- within one month, failing which it would carry interest @6% p.a..

(2.) Since the facts and question of law involved in these First Appeals are similar, these Appeals are being disposed off by this common Order. However, for the sake of convenience, FA No. 382 of 2020 is treated as the lead case and the facts enumerated hereinafter are taken from Complaint No. 05 of 2018.

(3.) Brief facts of the case as narrated in the Complaint are that the Complainants had Saving Bank Account and several High Value Fixed Deposit Accounts for nearly last four decades with State Bank of India, Bokaro Steel City (hereinafter referred to as the 'OP Bank'). They were also allotted Safe Deposit Locker No. 1/46 by the OP Bank. During the intervening night of 25 th and 26 th December 2017 a theft took place in the OP Bank as a result of which various items including jewellery and postal deposit instruments which were kept in the Safe Deposit Locker by the Complainants, were taken away by the miscreants/thieves. In the evening of 26/12/2017, they came to learn from the news media that on or about 25 th December 2017 (night) some Safe Deposit Lockers had been broken open by thieves and valuables had been stolen away. It is averred that no intimation was given to them by the OP Bank. On the following day i.e on 27/12/2017, they rushed to the OP Bank and found three lists pasted on the wall of the main entrance and the complainants noted that among others, that their Safe Deposit Locker No. 1/46 has been broken open and burgled. The Complainants met the Officer of the OP Bank, who confirmed about the incident and asked them to furnish a list of their valuables. According to the Complainants the Locker contained Gold jewellery assessed at 32,00,000/-, Silver jewellery, cash and antiques, valued at 1,85,000/- (excluding antique value), Wrist watches valued at 34,000/- and bank and postal documents.