IMPORTANT POINT
Bank locker - A Bank locker can only be operated by the licensee (Complainant) and licensor (Bank).

ORDER

Meena Ramanathan, In-Charge President—This Revision Petition is filed by the Revision Petitioner/ Opposite Party No.2, U/s 47(i) (a) (iii) of Consumer Protection Act, 2019 against the order in IA No.160/2021 in C.C.No.119/2021 pending on the file of District Consumer Disputes Redressal Commission, Karimnagar, praying this State Commission to allow the Revision Petition, by setting aside the impugned orders by allowing the Revision Petition in the interest of justice and equity.

2. The following few facts would help to know the back ground of filing the present Revision Petition by Revision Petitioner/Opposite Parties No.2.

3. The Respondent No.1/Complainant in this Revision Petition filed C.C.No.119/2021 against the Revision Petitioner/Opposite Parties No.2 and opposite party No.1 & 3, before the District Consumer Commission, Karimnagar, with a prayer to direct the opposite parties No.1 to 3 jointly and severally to pay (i) an amount of Rs.40,000/- towards value of stolen ornament; (ii) an amount of Rs.3,50,000/- towards compensation; (iii) the amount of rent for unexpired portion of lease period of the locker; (iv) the costs of Rs.10,000/- and (v) any other relief or reliefs that the complainant is found entitled to; in the circumstances of the case.

4. Heard the arguments of both sides. Hence, reserved for orders.

5. The point for consideration is – whether this Revision Petition deserves to be allowed by setting aside the impugned orders passed in IA No.160/2021 in C.C.No.119/2021?

6. This Revision Petition No.198/2022 is filed against the orders of District Commission at Karimnagar, dated 12.07.2022 made in IA No.160/2021 in C.C.No.119/2021 by and under which the District Commission directed the Revision Petitioner/opposite party No.2 to produce the CC footage which was verified by them.

7. The opposite party in the Consumer Complaint is the Revision Petitioner and it is submitted that CC T.V. footage will not be stored for a long period and the same was explained by them and intimated to the Respondent No.1/Complainant. The District Commission did not appreciate the facts and practical difficulties and failed to consider the procedure followed by banks in the operation of the locker facilities.

8. We have heard the submissions of both sides and considered the material on record. Briefly stated the facts are that the complainant being the customer of the opposite party bank, was operating his locker at the bank and felt something abnormal about the lock.

9. The next time when he once again operated the locker, it could not be opened and the staff assisted him to pour some coconut oil, damaging the contents of the locker. To his surprise the contents of the locker were missing and despite addressing a letter dated 24.02.2021 requesting the opposite party bank to trace the missing items and refund the rent for the remaining period, no steps have been taken by the opposite party bank.

10. The opposite party bank has taken the stance that there is no foul play and CC TV is installed at appropriate places. The unexpired period of locker deposit/rent cannot be refunded as per the bank guidelines. They have also categorically informed the customer/complainant that there are no alleged technical defects in the operation of the locker. With regard to the above dispute the petitioner/complainant filed IA No.160/2021 seeking CC TV footage as essential for coming to a fair conclusion.

11. The operation of a locker in a Bank involves both keys –i.e. one that is with the customer and another with the Bank. The Bank/opposite party/Revision Petitioner has admitted that the complainant requested for closure of the locker on 27.07.2020 and addressed a letter dated 24.02.2021 alleging the loss of articles being a gold chain and key of a flat and certain documents.

12. Having thoroughly scrutinized the complaint, we find that the complainant has failed to mention the relevant dates on which he operated the locker and found something “abn