LAWS(NCD)-1993-5-103

SUMITRA RANI MALIK Vs. JASPAL SINGH BHATIA

Decided On May 20, 1993
SUMITRA RANI MALIK Appellant
V/S
JASPAL SINGH BHATIA Respondents

JUDGEMENT

(1.) The successful complainants have preferred this appeal against the order of the District Forum, Ambala for seeking the relief that both the respondents should be held liable and the amount of compensation be enhanced from Rs.250/- to Rs.50,000/- only.

(2.) The two complainants are husband and wife who had hired a locker from the respondent Punjab and Sind Bank at its Ambala Branch. On the 10th of December, 1991, they went to the bank for operating the said locker and respondent No.1 pointed out that the rent of the locker was in arrears and asked them to deposit Rs.360/-, therefore and also security and only then he could allow them to operate the same. It is the case that the complainants told him that they had two bank accounts and these may be debited for this amount. It is the allegation that respondent No.1 declined their request and instead became furious, despite the age, health and special status of the complainants. An exchange of hot words seems to have ensued where after the Complainants made protestations to the higher authorities of the bank and not securing any recompense, presented the complaint for compensation to the tune of Rs.50,000/-.

(3.) In defending the complaint, the respondents in separate written statements took up preliminary objections to which reference now becomes unnecessary. On merits, it was admitted that respondent No.1 had demanded the rent of the locker in arrears. But all allegations of any misbehavior were categorically denied. According to them as per condition No.9 of the lease, the respondents had a clear right to refuse access to the locker until the arrears were cleared. It was pleaded that however as a gesture of good will, the respondent No.1 allowed the complainants to operate the locker, but asked them to wait for some time as some other person was inside the strong room. Upon this the complainants got pointlessly annoyed and left the bank without operating the locker.