UNION BANK OF INDIA Vs. KANAK CHOUDHARY

JUDGEMENT

(1.) This revision by the opposite party is directed against the order dated 27.4.2000 of Consumer Disputes Redressal Commission Uttar Pradesh, Lucknow partly allowing appeal against the order dated 18.11.1999 of a District Forum in so far as it related to the award of Rs. 200 against K.M. Markandey, Branch Manager of the petitioner Bank.

(2.) Facts giving rise to this revision lie in a narrow compass. Both the respondents/complainants had taken on hire a locker in 1993 from Meerut Cantt Branch of the petitioner Bank. On 3.6.1998, the respondent No. 1 visited that branch to operate the locker and on opening it she found that there were termites and currency notes worth Rs. 56,500, certificates and jewellery kept therein were damaged. This fact was immediately brought to the notice of the Bank by lodging complaint in writing by respondent No. 1. Thereafter complaint filed claiming certain reliefs by the respondents was contested by the petitioner Bank by filing written version. Respondents having taken a locker and respondent No. 1 having visited the Bank to operate the locker on 3.6.1998 were not disputed. However, it was denied that either the currency notes or certificates or jewellery kept in locker were damaged by termites as alleged. It was stated that the cabinet of the locker in question was kept at a place which was free from insects. Liability to pay the amount claimed was denied. By the order dated 18.11.1999, the District Forum allowed the complaint with direction to the petitioner to pay total amount of Rs. 23,100 which included amount of the damaged currency notes worth Rs. 11,000 to the respondents. Out of this amount, a sum of Rs. 200 was to be paid by K.M. Markandey, Branch Manager. In appeal by the petitioner, part of the order of District Forum in regard to payment of Rs. 200 by Mr. Markandey was set aside.

(3.) Main thrust of argument advanced by Mr. Subhash Goswami for petitioner was that the respondent's case in regard to currency notes worth Rs. 11,000, certificates and ornaments having been damaged by termites is false and the Fora below acted erroneously in rejecting the writing dated 3.6.1998 issued by the Pest Control Team and three letters given to the Bank by Smt. Lakhvinder Kaur, Dr. Shyam Sunder and Saras. Letter of Smt. Lakhvinder Kaur is dated 16.4.1999 while that of Dr. Shyam Sunder is dated 15.4.1999. Letter of Saras is undated. These letters are referred to in the affidavits filed by these three locker holders. In these letters and affidavits, it is stated that while ants were never found nor their belongings kept in lockers were damaged in any way. It was pointed out that the application dated 20.8.1999 filed by the petitioner for inspection of the locker in question was dis-allowed by the District Forum.