AMITABHA DASGUPTA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) COMPLAINANT -petitioner is in Revision.

(2.) THE petitioner along with his mother (since deceased) was a joint holder of a locker in the Union Bank of India -respondent (hereinafter referred to as the respondent for short) at its Deshapriya Park Branch from 1979. The respondent -Bank illegally broke open the said locker on 12.11.1994 for alleged non -payment of dues for the year 1994 without any intimation whatsoever to the complainant. According to the petitioner, the locker charges had been cleared up -to -date but in spite of such payment having been made, the respondent arbitrarily and illegally broke open the locker and removed the various ornaments kept in the locker. The fact of breaking open of the locker came to the knowledge of the petitioner on 17.6.1995, when he had gone to the respondent -Bank to operate the locker. The petitioner filed a complaint before the District Consumer Disputes Redressal Forum, Unit -2, Alipore, Calcutta (hereinafter referred to as the District Forum for short), claiming a sum of Rs. 3 lakhs for the loss of ornaments and articles kept in the locker in addition to the compensation and the costs.

(3.) THE respondent -Bank contested the matter by filing the written statement contending, inter alia, that the case of the complainant was not maintainable. The respondent admitted the breaking open of the locker on the plea of non -payment of locker rent for the year 1994 without due notice and intimation. It was also not diputed that the disputed locker was broke open through inadvertence for which the respondent -Bank tendered unconditional apolody to the complainant and also offered another locker to him.