ALLAHABAD BANK BHOPAL Vs. RANBIR SINGH BHADORIYA

JUDGEMENT

(1.) IN this revision, challenge is to the order dated 26.7.2005 of M.P. State Consumer Disputes Redressal Commission, Bhopal, dismissing appeal against the order dated 23.2.2004 of a District Forum whereby petitioner/opposite party was directed to pay amount of Rs. 2 lakh With interest to the respondent/complainant. It is not in dispute that respondent had taken locker No. 138 on hire from the petitioner bank and before 18.5.1998, the locker was operated by the respondent on 18.1.1997. Respondent alleged that on 18.5.1998, he visited the petitioner bank to operate the locker. Mohan Lai Verma, officer of the bank went inside the locker room with him. While trying to open the locker, respondent noticed that it was broken and empty, and all ornaments kept therein were missing. In regard to the occurrence, an FIR was lodged at P.S. Habibganj by the respondent. On not settling the claim of total cost of ornaments being Rs. 4,35,260, the respondent filed complaint alleging deficiency in service for recovery of this amount which was contested by the petitioner by filing written version. Complaint was allowed by; the District Forum in the manner noticed above which order was affirmed by the State Commission in appeal filed by the petitioner.

(2.) WE have heard Mr. Pankaj Garg, for petitioner bank on admission. As may be seen from para No. 1 of the preliminary objections of written version, the plea taken by petitioner was that the respondent mischievously removed the four bolts of the locker in question from inside, remove the contents thereof and went away closing the locker without key on 18.1.1997. Order of State Commission refers to instructions 6.3,9.1 and 9.2 in Chapter 16 of the Manual of Instructions governing operation of lockers. These instructions which are material, are reproduced below: