UCO BANK Vs. SHWETA AGARWAL

JUDGEMENT

(1.) This appeal has been filed under Sec. 51 of the Consumer Protection Act, 2019 (hereinafter referred to as the 'Act 2019') in challenge to the Order dtd. 7/2/2023 of the State Commission in complaint no. 106 of 2020, whereby the complaint of the complainants was partially allowed and the opposite party - bank was directed to pay damages of Rs.30.00 lakh to the complainants along with Rs.1,00,000.00 as costs of the complaint.

(2.) We have heard the learned counsel for the appellants ' bank (hereinafter referred to as the 'bank') and the learned counsel for the respondents ' complainants (hereinafter referred to as the 'complainants') and perused the record including the State Commission's impugned Order dtd. 7/2/2023 and the memorandum of appeal.

(3.) The brief facts of the case are that the complainants availed the locker facility (Locker No. 14 AF) from UCO Bank, Civil Lines Branch, Allahabad. The bank has been charging rent regularly by debiting the rent amount from the saving bank account of the complainants. It is alleged in the complaint that complainants kept jewellery, gold ornaments and other valuables worth Rs.56,37,000.00 in the locker. The complainants got the information through electronic and print media that a burglary took place in Civil Lines Branch of UCO Bank, Allahabad in the night of 29th / 30/4/2018. It has been reported by the media that the burglars had succeeded in breaking open the door of the strong room and cut the steel lockers with the help of gas cylinders and gas cutters and looted all the gold ornaments, jewellery and valuables including cash, kept in the locker. The complainants provided details of the gold ornaments and other valuables kept in the locker. It has been further alleged by the complainants in their complaint that even after burglary the entire bank premises including the locker room were lying open, unnoticed and unguarded till the morning of 1/5/2018. The said burglary was noticed by the bank employees only in the morning of 1/5/2018 when the said branch opened after a continuous closure of 03 days and 04 nights. The complainants' locker was also broken along with other lockers and gold ornaments jewellery and other valuables. The FIR was lodged by the bank on 1/5/2018 at 02.00 p.m. The bank had not informed the complainants and other customers about the incident, and they got to know through the media. The loss was caused to them on account of negligence and misconduct on the part of the bank, in not making proper / bank ' like security arrangements.