THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.199/2013
Dated this the 22nd day of January 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By L.Jyothikumar, Member:
The petition was filed on10.05.2013. The case of the complainant is that he is having a safe deposit locker in the State Bank of India, Main branch, Kozhikode for the past 22 years. On 04.05.2013 the complainant approached the opposite party No.2 to deposit valuables into the locker. The Bank Officer in charge made him to sign the locker Access Register and was asked to proceed to the strong room where the locker is situated. Immediately the Manager blocked him and stated that the complainant did not paid the locker rent. The opposite party has not sent any intimation regarding the locker rent . Moreover the complainant had caution deposit with the bank. But the opposite parties denied entry to the locker room and was taking undue interest in humiliating him in front of the staff and customers present there. The complainant is alleging negligence, deficiency in service and unfair trade practice on the part of the opposite parties. Hence this petition is filed against the opposite parties seeking relief.
Notice sent to the opposite parties were served. On 10.06.2013 Adv. Anoop Narayanan Proposed Vakkalath. After that he has not filed vakkalath and version. Hence on 17.10.2013 opposite parties were called absent and set exparte. The complainant was examined as PW1 and Ext.A1 to A3 were marked on complainant’s side.
The case of the complainant is that he is having a safe deposit locker in the State Bank of India branch Kozhikode. On 04.05.2013 the complainant approached the second opposite party to deposit valuables into the locker. So he signed in the locker Access Register. Then he was directed to proceed to the strong room. Immediately the first opposite party blocked him due to non payment of locker rent. According to complainant if any amount was due opposite party has to inform the complainant. Here opposite parties did not send any intimation letter regarding the non payment of locker rent. There was a caution deposit with the bank. Complainant was also ready to pay the arrear amount after depositing the valuables in the locker. But they denied. Opposite parties had not appeared before the Forum even after serving the notice which also shows the arrogant nature of the opposite parties. On going through the available evidence and exhibits there is nothing to disbelieve the complainant. Complainant had to suffered financial loss and mental agony at the hands of the opposite parties 1 and 2 . We are of the opinion that the opposite parties 1 and 2 are jointly and severally liable for the unfair trade practice which is quite evident from the facts and circumstances and of available evidence of the case. Therefore complainant is entitled to get compensation from the opposite parties No.1 & 2. Opposite party No.3 is exonerated from the liabilities.
Hence the petition is partly allowed. The first and second opposite parties are directed to pay compensation of Rs.2000/-(Rupees two thousand only) to the complainant within one month from the date of receipt of the order. Failing which the complainant is entitled for an amount of Rs.25/-(Rupees twenty five only) per day from the date of order till realization.
Pronounced in the open court this the 22nd day of January 2014.
Date of filing:10.05.2013.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
