S L BHARGAVA Vs. ZONAL MANAGAER UCO BANK

JUDGEMENT

(1.) This appeal has been filed against the order of the District Forum-I dated 25.6.92 by which the complaint of the complainant was dismissed. Briefly the facts are that the complainant had hired a locker from the respondent. He received a notice on 29.1.92 for payment of advance locker rent for a period of five years and also for depositing a sum of Rs.1,500/- in the shape of fixed deposit for a like period. He informed the bank that in terms of the agreement executed between him and the bank the latter was not entitled to demand the aforesaid a mounts. It is alleged that he was treated with discourtesy by the Manager of the Bank, when he refused to accede to his request and threatened that he would not be allowed to operate the locker without payment of the a mounts as claimed by the Bank. The complainant therefore, prayed that the respondent be directed to allow the complainant to operate his locker and pay an amount of Rs.5,000/- as damages.

(2.) The complaint was contested by the respondent; they pleaded that according to clause 18 of the agreement between the parties the respondents had a right to amend the conditions at their discretion at any time without any notice to the customers. They further pleaded that they had the right to increase the rent of the locker, in view of the increase in cost of various items involved in maintaining the lockers. They also pleaded that they were entitled to caution money of Rs.1,500/- by way of FDR from the customers. However, they denied that they treated the complainant with discourtesy.

(3.) The bank withdrew the instructions directing the customers to deposit Rs.1500/- as caution money vide circular dated 4.4.92. However, they claimed that they were entitled to 5 years advance rent from the customers. The learned District Forum vide order dated 24.4.92, directed the bank to allow the operation of the locker and that order had been complied with. Thus that part of the grievance of the complainant no longer exists. The complaint was, however, dismissed, regarding other prayers. He has come up in appeal against that order to this Commission.