IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 29.04.2019 Date of Hearing: 06.03.2025 Date of Decision: 26.03.2025 FIRST APPEAL NO.- 279/2019 IN THE MATTER OF

1. BANK OF BARODA (ERSTWHILE KNOWN AS VIJAYA BANK), GOPINATH BAZAR, DELHI CANTT, NEW DELHI.

THROUGH ITS BRANCH MANAGER, 2. THE CUSTODIAN/MANAGER BANK OF BARODA (ERSTWHILE KNOWN AS VIJAYA BANK)

GOPINATH BAZAR, DELHI CANTT, NEW DELHI.

3. THE ASSISTANT GENERAL MANAGER, BANK OF BARODA (ERSTWHILE KNOWN AS VIJAYA BANK)

GOPINATH BAZAR, DELHI CANTT, NEW DELHI.

(Through: Mr. Kush Sharma & Associates, Advocate)

…Appellants VERSUS

1. VIJAY SINGH

2. MANJEET SINGH W/O SH. VIJAY SINGH BOTH RESIDENTS OF:

3/4/27-C, SHYAM SINGH STREET, GOPI NATH BAZAR, DELHI CANTT, NEW DELHI (Through: Mr. Dhananjay Puri, Advocate)

… Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Kush Sharma, (Enrl. No. D/8309/2023, Mob. No.

586989297, Email Id: info.ksalawoffies@gmail.com)

Counsel for the Appellant.

Respondent in person (Mob. No. 9810616716).

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are:

“1. The Complainants had hired a locker with the OP Bank jointly since February 1998, bearing No. 165 and size 6"x6"x25". The Complainants had operated the said locker for the last time on 15.05.2008 and ensured that the locker was properly locked. At that point of time, the following valuable were kept in the said locker.

i. Jewellery sets-4 100 Gm ii. Bangles-8 90 Gm iii. Heavy Bracelet-4 250 Gm iv. Gold Chains-3 60 Gm v. Gold Tikka-1 30 Gm vi. Head Clip-1 15 Gm vii. Old Gold Coins-2 40 Gm viii. Pair of Gold earrings-2 20 Gm Net Weight 605 Gm ix. Cash Currency Rs. 1,57,010/- & silver Coins-5, Gold Ring-1. The list of articles alongwith a formal complaint was given to the authorities and the same is annexed herewith as ANNEXURE-A.

2. On 13.11.2009, the Complainants/hirer received a telephone call from the Op Bank that the locker on lease with him was found open. The Complainant/hirer immediately rushed to the bank and was stunned to fing that certain important documents and almost the entire jewellery, (except currency notes, one gold ring and 5 silver coins which were lying at the extreme end of the locker), had been taken away from the locker. The locker of the Complainants is located in the bottom most row of the chest room and one has to kneel and completely stretch his arm to reach its end.

3. The police was immediately called and a DD Entry 31A was registered at 5.23 p.m. on 13.11.2009. The police did carry out the investigation, lifted some fingerprints and also checked CCTV camera footage but did not reach any conclusion. Whenever approached, the Complainants were informed by the police that investigations were continuing. A copy of DD No. 31A, registered in this matter is annexed herewith as ANNEXURE-C.

4. The Complainant has alleged that the fact that the locker had remained open for a period of almost 1.5 years is in itself a grave act of negligence on the part of respondent Bank and concerned officials. Various letters and reminders given to the Bank officials are annexed herewith as ANNEXURE-D.

5. The OPs refused to take any responsibility for the loss suffered by the Complainants. Although the OPs have admitted that there was no tampering of lock, which clearly implies as stated in the preceding Para that the locker was operated in connivance with the Bank Officials who are having the master key or with the hirer's key surrendered by the previous hirer.

6. After the operation of locker is over, the custodian confirms that the locker has been properly locked. It is specifically mentioned in the bank's manual of instructions, that custodian also personally verifies at the end of the cay that all the lockers are properly locked and that no valuables are inadvertently or unknowingly left behind by the hirers. So, the explanation by the Bank that t