Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 14-03-2018, passed by the Ld. District Forum, Kolkata-II (Central) in EA/247/2016.

The Appellant filed one complaint case before the Ld. District Forum bearing no. CC/78/2011.  Following a contested hearing, the said case was allowed in part directing the Respondent Bank to return the articles kept inside the locker subject to payment of locker rent and other charges. 

Against the said order, an Appeal bearing no. FA/158/2013 was preferred by the Appellant which, however, was dismissed by this Commission vide Order dated 17-07-2015. 

Aggrieved with such decision, the Appellant preferred a Revision before the Hon’ble National Commission bearing no. RP/2177/2015.  However, the Appellant subsequently withdrew the said Revision expressing his desire to abide by the order of the Ld. District Forum.

From the above chronological chain of events, it turns out that the order passed by the Ld. District Forum in CC/78/2011 attained finality.

As noted hereinabove, vide impugned order passed in the complaint case, the Ld. District Forum allowed the Respondent bank to realize due locker rent and other charges from the Appellant.  In view of this, the contention of the Appellant that the Respondent Bank had no authority whatsoever to realize interest from him holds no water. It is though alleged by the Appellant that realization of interest was contrary to RBI guideline, no copy thereof is placed before me in support of such contention.

It gets evident from the order under challenge in this Appeal that the Ld. District Forum very specifically held that the Appellant failed to prove the bona fide of his claim in respect of the jewellery items mentioned in the disputed Annexure ‘N’.  As the order passed in the complaint case attained finality, there is no scope to agitate the issue of Annexure ‘N” in this Appeal. 

As it turns out, the Appellant has received all the jewellery items from the Respondent Bank on payment of due charges.  Thus, it appears to me that the instant Execution Case was rightly dismissed by the Ld. District Forum.

In all, I find no infirmity with the order impugned and therefore, refrain from interfering with the same in any manner whatsoever.

The Appeal is dismissed as such. Cost of Rs. 1,000/- is paid by the Respondent Bank to the Appellant this day.