IMPORTANT POINT
Factual issues cannot be adjudicated in summary proceedings by quasi-judicial Consumer Protection Fora.

ORDER

Taken up through video conferencing.

Dinesh Singh, Presiding Member.—Heard learned Counsel for the Complainant and learned Counsel for the Opposite Party Bank, which is a scheduled nationalized bank.

Perused the entire material on record.

2. The Complaint relates to alleged theft of “valuable papers” and “ornaments” “amounting to Rs. 1,30,25,000/-” from the bank locker of the Complainant.

3. Learned Counsel for the Opposite Party Bank submits that this matter requires adjudication of issues that involve disputed factual questions which should not be adjudged in summary proceedings, but adjudged in a civil court.

4. Ready appreciation of the specificities of the case can inter alia be made from the following extracts of the Complaint itself:

“3. The complainant states that on 02.06.2008 she visited the opponent bank and opened the locker after keeping some valuables thereon, she locked the locker.

4. The complainant further states that on 03.07.2008 she received one postal Envelope containing bunch of three keys including the key of locker, allotted by the opponent bank. Then she recollected that, she left the keys behind at Bank on 02.06.2008, while taking / chatting with Shri Brijkumar Gaur, in charge of the Bank’s lockers.

5. The complainant further states that immediately thereafter when she checked on her valuables using the keys, she had found them intact inside the locker.

6. The complainant further states that on 17th November, 2008, when she checked on her valuables again, she discovered that the total locker was empty and all the valuables are missing. She was totally shocked and immediately submitted a complaint in writing to the Bank Manager. (Annexed is the letter dated 17.11.2008 issued by the complainant in writing to the Bank manager, marked as EXHIBIT – A.)

Mrs. Dasani, believes some one had duplicated her keys when she had left them behind at the bank on 02.06.2008 and used them to steal her valuables.

It may be noted that “The bank locker can not be opened without the master key, which is in the possession of the bank officer. Hence, the bank is fully responsible for the theft of valuables amounting to Rs. 1,30,25,000/-. If the valuables are not safe inside the bank then how people can trust on nationalized banks.

7. The complainant further states that the cause of action arose on 17th November, 2008 when she checked on her valuables again and discovered that the total locker was empty and all the valuables were missing.

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10. The complainant states that dated 18.11.2008, a complaint was logged by the complainant with the Senior Police Inspection, Mulund West Police Station (annexed is the complaint dated 19.11.2008 lodged by the complainant Mrs. Saroj Ramchand Dasani with the Mulund Police Station and marked as EXHIBIT – B).

11. The complainant further states that dated 25.11.2008, the complainant lodged a complaint with the Deputy Commissioner of Police, Crime Branch, Andheri East, Mumbai (annexed is the copy of the complaint with the Deputy Commissioner of Police dated 25.11.2008 and marked as EXHIBIT-C).

12. The complainant states that dated 27.11.2008, the reply was received by the complainant in connection with the complaint lodged by the complainant with the opponent bank dated 17.11.2008 in which the Bank had alleged that the locker has been operated by Shri Ramchand Dasani and the complainant on different dated (annexed is the letter dated 27.11.2008 received by the complainant and issued by the opponent with reference to the letter dated 17.11.2008 and marked as EXHIBIT - D).

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14. The Mulund Police Station has issued a F.I.R. copy report (annexed is the copy of the F.I.R. report marked as EXHIBIT - F).

15. - - - The complainant states that when the keys were forgotten at the Bank premises, the Bank official after duplicating the keys of the Locker referred the records of the Bank and send it to the address of the complainant which was recorded in the year 1991 at the time