JUDGMENT :

Mohan M. Shantanagoudar, J.

1. This appeal, by special leave, arises out of the judgment of the National Consumer Disputes Redressal Commission (‘National Commission’) delivered on 18.12.2008 dismissing the Revision Petition filed against the judgment of the State Consumer Disputes Redressal Commission (‘State Commission’) dated 12.10.2004.

2. The following are the facts out of which this appeal arises:

2.1 In the early 1950’s, the Appellant’s mother (since deceased) took a locker on rent bearing No. A222 in the Deshapriya Park, Kolkata Branch of the Respondent No. 1 Bank. In 1970, the Appellant/Complainant was included as a joint holder of the locker. On 27.05.1995, the Appellant visited the Respondent No.1 Bank to operate the locker and deposit the locker rent. However, the Appellant was informed that the Bank had broken open his locker on 22.09.1994 for non-payment of rent dues for the period of 1993-1994. Further, that the locker had subsequently been reallocated to another customer.

2.2 On 29.05.1995 and 2.06.1995, the Appellant sent communications to Respondent No. 1 claiming that such breaking of his locker by the Bank was illegal since he had cleared dues for 1994-199