STATE CONSUMER DISPUTEs REDRESSAL COMMISSION

BIHAR, PATNA

Revision Case No. 05 of 2023

1. Aditya Saurabh, Male, aged about 37 years, son of late Ravi Motani.
2. Parchi Agrawal, Female, aged about 32 years, Daughter of Late Ravi Motani,
3. Madhu Motani, Female, aged about 57 years, wife of Late Ravi Motani

All resident of Mohalla Lal Bazar, P.O + P.S.-Bettiah Town, District- West-Champaran. At Present residing At C/O- Late Ravi Motani, B 904, RG Residence, Near Tripathi Hospital, Sector 120, Noida, Gautam Buddha Nagar, Uttar Pradesh 201301.

                                                                                                                                                                      …............ Petitioners

Versus

1. The Branch Manager, Canara Bank, Sowa Babu Chauk, Lal Bazar, P.O. + P.S. Bettiah, District- West-Champran.
2. That Regional Manager, Canara Bank, Aghoria Bazar, Muzaffarpur, Bihar.
3.  Chairman, Canara Bank, Head Office 112, J,C. Road, Banglore-560020.
                                                                                                                                                     ................ Opposite parties.

         Counsel for the petitioner (Appellant):- Mr. Shiv Kumar Dwivedy

Before,

              Mr. Raj Kumar Pandey, Member

   Md. Shamim Akhtar, Member

ORDER

Per:Md. Shamim Akhtar (Jud. Member)

Dated-01.06.2023

1.                 Delay condoned.
2.                    The Revision has been directed against the order dated 08.12.2022 passed by the learned District Consumer Commission, Bettiah, West-Chamaparan in Execution Case no.27/2017 by which the learned District Commission held that the locker in question was   broken in  presence of Ravi Motani and Madhu Motani and they received all the articles kept in the locker as per Appendix-7 filed by the Bank and  it bears the signatures of Ravi Motani and Madhu Motani and it was also held that this fact could not come into cognizance while passing the order dated 16.04.2016 and it was held that the petitioner  has already received the articles kept in the locker and the order has been complied with and dropped  the execution proceedings.
3.              Being aggrieved  by the aforesaid order dated 08.12.2022 the petitioners have filed the instant revision.
4.              As per copy of complaint petition of case no.24 of 2011 filed by  the original petitioner Ravi Motani it appears  that  only monetary compensation was claimed against  the Bank and there was no prayer for a direction to the bank to open the locker or for duplicate key.
5.                By order  dated 16.04.2016 the learned District Commission has exonerated the Opposite party no.2 and 3 from the case but the instant revision the petitioner  has also made them parties.
6.                 As per appendix-7 filed by the Bank which is an attested copy attested  by Sr. Manager of the Bank shows that on 10.06.2011 Ravi Motani (original petitioner) and Mrs. Madhu Motani received the contents of the locker and the said locker was broken in their presence.  The  said Appendix-7 is signed  by with Ravi Motani and Mrs. Madhu Motani.
7.                As per the Revision petition the original petitioner died on 22.05.2013 and at his place the present petitioners being the legal heirs of the deceased were substituted and the petitioner no.3 is Madhu  Motani whose name appears in  appendix-7 as above.
8.                  We have heard the learned counsel for the petitioner and after the above discussion and perusal of the records we find no merit in the instant revision petition which is not admitted for hearing and is dismissed at the admission stage itself.
9.                    A copy of this order be supplied to  the petitioner free of cost as mandated by the C.P. Act 2019.Order be uploaded forthwith on the website of the State Commission.
10. Let the file be consigned in the record room along with copy of this order.

            (Md. Shamim Akhtar)                                                                                       (Raj Kumar Pandey)                   

                   Member                                                                                                                  Member                                         

Mukund