DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.206/ 2019

Basanta Kumar Choudhury,

Sidhi, 24/732, Shree Vihar, Patia,

Bhubaneswar, Pin Code – 751031                                                                                                                                ….     Complainant

                -Vrs.-

Senior Manager,

Union Bank of India,

Chandrasekharpur, PO – Sainik School,

Bhubaneswar.

                                                                             ….     Opp. Party

For the complainant      :         Self

For the O.P                    :         Mr. R.K.Dash  (Adv.)

DATE OF FILING         :         17/07/2019

DATE OF ORDER        :         26/10/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had a locker bearing No.3/56 at Union Bank of India, Chandrasekharpur Branch, Bhubaneswar. He had kept certain gold ornaments in that locker. He went to UK in August, 2018 and returned to India in  December, 2018. On 25/10/2019, he came to the Union Bank of India at Chandrasekharpur Branch, to operate his locker. When the locker was opened, he found that the entire contents therein were under water logged condition. The locker was completely swampy and moist. He took the gold ornaments to the goldsmith,   got  those washed and spent Rs.10,000/- for it.  He then closed the locker at the Union Bank of India and opened a new locker at State Bank of India, Utkal University Campus branch and paid Rs.2600/- for that. He tried for a settlement with the OP Bank but  failed. Therefore, he claimed Rs.10,000/- as   compensation for washing of the gold ornaments and Rs.10,000/- for compensation towards mental agony.  Hence this case.

3.       On the other hand, the  OP  filed written version  stating therein that the complaint is not maintainable in the eye of law as well facts. There is no cause of action against the OP. It is further contended by the OP that he had no authority to examine the materials / gold kept inside the locker. It is within the exclusive knowledge of the complainant. During the rainy season, the water level had   not reached to the height of the locker of the complainant. Other customers have also lockers at the OP’s Bank but they had no such complains about the swampy-ness  and moistening of the locker.  As the complaint is a fabricated one, it is   liable to be dismissed with cost.

4        Perused the materials on record. Keeping in view the submissions made by both the parties in the course of the hearing,  I find that,  during rainy season, water had entered into the bank.  Consequent there upon, lockers kept inside the bank  must be swampy and moist due to such water logging. As it is an act of God, the OP bank has nothing to do with it and it can not be treated as deficiency in service. As  such, the  complaint does not bear any merit.  Hence it is ordered.

ORDER

The complaint is  hereby  dismissed on contest  against the OP    being devoid of merit.

The order is pronounced on this day the  26^th October,  2022  under the seal & signature of the President and Member (W)   of the Commission.

                                                                             (K.C.RATH)             

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                     

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno