Mr. Justice R.S. Mongia, President—This is an appeal by the complainants whose complaint had been dismissed by the District Consumer Disputes Redressal Forum, Patiala vide order dated 16.11.2000.

2. The brief facts giving rise to this appeal may be noticed:

Complainants Madan Lal Chawla and his wife Smt. Asha Chawla had hired Locker No. 81 from the opposite party Central Bank of India, Branch Repture Township. The locker was last operated by complainant No. 2 Asha Chawla on 22.10.1994 (Karwa Chauth Day). On 16.1.1995 at about 4-30 p.m., Shri Tilak Raj Barara, Custodian of Lockers, Central Bank of India, Branch Rajpura Township, accompanied by one Shri N.K. Sharma, came to the business premises of complainant No. 1 Madan Lal Sharma to inform that their locker was lying unlocked. Complainant No. 2, on the asking of her husband, rushed to the Bank. On checking of the locker, she found to her surprise that the entire gold jewellery was missing from the locker. She informed her husband on telephone and he also reached the Bank. Complainant No. 1 lodged the report with the Police vide DDR No. 2 the same day. The complainants also made representation to the higher authorities of the Bank but no action was taken. Complaint was filed before the District Forum alleging that the gold jewellery, which was missing from the locker, valued Rs. 2.25 lakh. The list of the gold ornaments allegedly kept in the locker is Ex. C-5. The following articles are mentioned in list Ex. C-5:

(1)

Ladies set (necklace 1 and one pair of Kante):

75 Gms.

(2)

Ladies set (1 necklace, a pair of kante and one ring :

60 gms.

(3)

One ladies chain :

30 gms.

(4)

One ladies chain :

20 gms.

(5)

One gents chain :

20 gms

(6)

Ladies bangles (6) :

90 gms

(7)

Ladies bangles (2) :

20 gms

(8)

Gents ring (1) :

10 gms

(9)

Gents ring (1) :

7 gms

(10

One set of ladies rings :

10 gm

(11)

One set of ladies rings :

7 gms

(12)

One set of ladies rings :

9 gms

(13)

One pair of ear-tops (Larri Wale) :

12 gms

(14)

One pair of ladies small ear-tops :

6 gms

(15)

One pair of ladies small Kante :

6 gms

(16)

One ladies Mangal Sutra :

30 gms

(17)

One pair of ladies Kante (3-storeyed) :

15 gms

(18)

One pair of ladies Kante :

10 gms

(19)

One pair of ladies Kante :

10 gms.

It was the allegation of the complainants that the Bank oficials were negligent and had not complied with the instructions and, therefore, there was deficiency in service. Therefore, the Bank was liable to reimburse the loss as also pay compensation for unnecessary harassment. Evidence was led by both the parties before the District Forum and, after appreciating the evidence as also the arguments, the District Forum dismissed the complaint. Hence the present appeal.

3. Relevant portion of the instructions dated 7.6.1995 issued by the Central Bank of India for taking necessary precautions in the matter of Safe Deposit Lockers are:

“(1) The relationship of the Bank and the locker holder is essentially that of a lessor and a lessee and among other things, the Bank as the lessor is duty-bound to ensure safety of the locker, i.e., the same is properly closed after each operation since the Bank is the custodian of the locker.

(2) xx xx xx xx

(3) xx xx xx xx

(4) The mechanism is such that locker must get closed if the locker holder closes the door and takes out his/her key.

(5) A certificate is recorded by the custodian of the Bank that all the lockers operated during a day have been checked and found properly locked. Onus of ensuring that all the lockers used during the day are properly locked lies with the custodian of the locker. Any negligence will prove costly to the Bank/custodian.

(6) The branches are advised to inspect the locker immediately after it has been operated by the locker holder with a view to ensure that locker operated is properly locked.”

4. It is also mentioned in these very instructions as follows:

“Central Office through the above referred circular has already advised all the branches to inspect the locker immediately after the locker has been operated by the locker holder a