Present :    Sri A.K. Das,  President

                   Smt. D. Sen (Maity), Member    

                  Sri L.K. Banerjee,  Member

Order no.  18   dt. 27.09.2007

            Petitioner has claimed compensation to the extend of Rs.8,43,330/- alleging deficiency in service on the part of the o.p. in respect of petitioner’s locker.

            It is alleged by the petitioner that on 12.8.04 petitioner came to know from the officer of the o.p. who was in charge of Locker Deptt that the locker was broken open and pasted with a folded envelop being lodging no.C/18780, 19, N.S. Road. It was further ascertained by him that it was opened on 13.9.01 by the Bank Manager, locker Custodian. Petitioner had no notice that the locker had been broken by the bank as back as on 13.9.01 prior to 12.8.04. Petitioner vide letter dt.18.8.04 informed the matter to the o.p. with a list removed ornaments from the locker no.A 601, but nothing was done. It is further alleged that the o.p. had removed the ornaments in collusion with the company from the locker. Hence he claimed the above compensation and consequential relief.

            O.p. has contested the claim of the petitioner by filing w/v supported by affidavit contending interalia that the petitioner has a saving A/C bearing no.20161678 towards the locker rent with reference to the application of the petitioner dt.25.4.79. That savings account was reflect a debit balance. Therefore, o.p. could not debit the said account towards locker charges for the period 2001-02. accordingly, they vide letter dt.9.2.01 and 31.3.01 requested the petitioner to regularize the account and to effect payment towards the locker charges within period of one month along with penalty charges. But petitioner did not pay the locker charges along with the penulty charges within the stipulated period as per agreement and thereby they were constrained break open  the locker on 13.9.01 in presence of Mrs. Shazi Anwar, Branch Manager, Shakespeare Sarani, Kolkata,  Mr. Loknath Mukherjee, Locker Custodian and Mrs. Rita Mukherjee, Bank Lawyer. They further contended that all available documents kept inside locker have ben held at the safe custody 19, N.S. Road, Branch Kolkata and they requested the petitioner to get in tough with Mr. Krishnendu Haldar, Branch Manager for collecting the same.

            Petitioner did not submit any reply denying or disputing the above fact as contended in the affidavit by o.p. Therefore,  there is no material before us to the satisfaction of the forum that there was a deficiency or negligence on the part of the o.p. in rendering serviced to the petitioner in connection with the above locker. Accordingly, there is no merit in the present consumer complaint and it is liable to be dismissed.

            Hence,

            Ordered,

            Present consumer complaint is dismissed on contest.

            Let copy of this order be supplied to the parties free of cost.

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      Member                                                    Member                                                   President