Karnataka

StateCommission

A/855/2021

Punjab National Bank - Complainant(s)

Versus

Thirtha Kumaraswamy, - Opp.Party(s)

Ajay T

23 Nov 2021

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

 

DATED THIS THE 23RD DAY OF NOVEMBER 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 855/2021

 

Punjab National Bank

(Earlier Oriental Bank of Commerce)

Sahakarnagar Branch

# 341, A Block, Sahakarnagar

Bangalore 560 092

Rep. by its Manager, A. Amaranatha Reddy

 

(By Sri. Ajay T.)

V/s

 

 

 

 

……Appellant

Smt. Thirtha Kumaraswamy

W/o. Kumaraswamy

# A-022, Beary’s Lakeside Habitat

No. 18, Shanthivana Kodigehalli

Bangalore

 

 

 

 

..…Respondent

 

O R D E R

 

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed against order dated 14.09.2021 passed in Consumer Complaint No.554/2020 on the file of I Additional District Consumer Disputes Redressal Commission, Bangalore.

  1. Alleging deficiency in service in deducting Rs.3,840/- by the OP from the account of the complainant unauthorizedly towards locker charges complaint is filed. 
  2. District Commission partly allowed the complaint directing OP, i.e., Oriental Bank of Commerce represented by its Chief Manager/ Authorized Signatory to pay Rs.1,840/- to the complainant along with interest at 12% p.a. from 03.08.2020 the day on which OP deducted a sum of Rs.3,840/- till payment.  Further directed to pay Rs.5,000/- towards damages and Rs.5,000/- towards cost.
  3. Being aggrieved by the said order OP is appeal amoungst other grounds contending that respondent/complainant has not surrendered the locker EE 132 along with keys to Punjab National Bank, M.G. Road Branch, Bangalore.
  4. Heard counsel for appellant.
  5. District Commission having taking into consideration that earlier rent is collected in advance and also opined that the bank has deducted more amount than what is due and also rental has been enhanced it has not been intimated.  However, according to the bank there are two lockers one is in Sahakar Nagar Branch and another in M.G. Road Branch.  This has not been taken into consideration by the District Commission.  Moreover no documents are produced for having closed lockers on either places.  In such circumstances, it may be required application of mind and to reconsider the issue.  As two lockers are being opened by the complainant and there is also no intimation said to have been given for closure, in the circumstances, without considering the entire order at this level matter is remanded to the District Commission to reappreciate and decide the case in accordance with law. 
  6. Parties are directed to appear before the District Commission on 16.12.2021.  District Commission after considering the grievances of both parties dispose of the matter within three months.
  7. All the contentions left open to be urged.

​Sd/-

President

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Judicial Member

Sd/-

Member

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