P. N. Kashalkar, Presiding Judicial Member—This is an appeal filed by Bank of India against the judgment and award passed by District Consumer Disputes Redressal Forum, Pune in consumer complaint No.562/2006 decided on 06/05/2009. By allowing the complaint partly filed by the complainant, District Consumer Disputes Redressal Forum directed the Bank of India to pay jointly and severally to the complainant an amount of Rs. 38,250/- within two months from the date of order else to pay interest @ 9% p.a. from the date of order till realisation. As such org. opponent-Bank of India has filed this appeal.

2. The facts lie in narrow compass. The complainant - Mrs. Jyoti Jayant Mujumdar is house-wife and resident of Pune. She had opened an account in the Bank of India, Shankar Nagar Branch, Near Dashbhuja Ganpati, Pune. She was account holder in the said branch from 18/10/1996. She was operating locker No.1304 jointly with her son and after marriage of her son, she had taken a separate locker bearing No.632 on 12/01/2004. The complainant’s son and daughter-in-law left India for United States for further studies. The second locker bearing No.632 was found not necessary. She wanted to sur