COURT NO.3 APPEAL NO.2015/830

1. Maheshbhai Patel, Age: Adult, Religion: Hindu, Business:Job, Add: C/O Senior officer, Baroda Central Co. Operative Bank Ltd, Sayajiganj, Vadodara.

2. Samir Amin, Age: Adult, Religion: Hindu, Business:Job, Add: C/O Branch Manager Baroda Central Co. Operative Bank Ltd, Sayajiganj, Vadodara.

3. Mohanbhai Prajapati, Age: Adult, Religion: Hindu, Business:Job Add:C/O Chowkidar/ Peon The Baroda Central Co.op. Bank Ltd.

Sayajiganj, Vadodara.

…Appellant Vs.

1. Shobhanaben Vargis George, Add: 21/A, Shivshakti Society, Near Sabri School, Vasna Road, Vadodara.

…Respondent ===========================================================

BEFORE: Mr. I. D. Patel, Judicial Member APPERANCE : Mr. Rohit Patel L.A. for the Appellant Ms. B.K. Bhatt for the respondent ===========================================================

ORDER BY Mr. I. D. PATEL, JUDICIAL MEMBER.

JUDGMENT

1. Appellant original opponents have filed the present appeal as per the provision of the Section 15 of the Consumer Protection Act, being aggrieved and dissatisfied with the impugned judgment and order passed by the Learned Consumer Dispute Redressal Forum Vadodara (Additional) in complaint No.882/2005 dated 15/09/2014. The Appellant are the original opponents whereas the respondent is original complainant. Hence for the sake of the convenience, parties are hereinafter referred to by their nomenclature/ status.

2. The brief facts of the complaint filed by the complainant before the Learned District Forum are that the complainant had availed the service of bank locker No.753 in the Baroda Central Co. Op. Bank since the more than 20 years at the time of filling the complaint and complainant had paid regular rent of the safe deposit vault in the bank. It is further the case of the complainant that in the said locker the complainant had kept gold ornaments weignms 24 Tola and 100 mg of sum of Rs.1,20,500/-. It is further the case of the complainant that lastly the complainant had operated the facility of locker as on 23/10/2004 and thereafter complainant had not operated the locker of the bank. It is further the case of the complainant that on 07/03/2005 when she was on his duty the bank inchage Samir Amin had informed her on phone call that the locker of the complainant had remained half open so you come to the bank hence she had gone in the bank with the key of the locker there after the locker is open with the key of the complainant and the key of the opponent no. 2 and thereafter it found that the ornament wroth Rs.60,000/- had been missing from the locker of the complainant therefore the complainant lodged the police complaint under section 380 of the Indian Penal Code before the Sayajiganj police station of Baroda city and thereafter the complainant had filed the complaint for recovery of Rs.60,000/- byway of price of the missing gold ornaments from the locker and Rs.20,000/- for mental harassment from the appellant original opponent before the Learned District Forum.

3. That on service by the notice by the Learned District Forum opponents have appeared and filed that reply whereby opponent have denied their alleged negligence and deficiency in service furthermore opponents have categorically stated in the reply that the bank had no any knowledge regarding the articles kept by the complainant in her locker furthermore opponents have also contended in their written statement that as per the report of the FSL no duplicate key is use for opening of the locker of the complainant so as per the contention of the opponents the complaint filed by the complainant is totally false and fabricated and same requires to be dismissed in toto.

4. After hearing the advocates of the parties and after perusal of the material on record Learned Consumer District Redressal Forum is pleased to partly allow