STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Phalaiah – Appellant
Versus
The General Manager – Respondent
SC/29/CC/359/2018
Date of filing: O4.O9,2018 Date of Disposal: O2.O1.2026 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COM MISSION, BENGALURU (PRINCIPAL BENCH)
DAT D: O2nd AYOFJ NUARY o26 coRAM: HoN'BLE Mr. JUSTTGE T.G. SHTVASHANKARE GowDA - PRESTDENT and HON,BLE MTs. DIVYASHREE M - LADY MEMBER sct29tcct359t20tA BETWEEN:
1. PHALAIAH, S/O LATE NEELAPPA, AGED ABOUT 76 YEARS, OCC: RETIRED, R,/A NO,331, 1OTH CROSS, TEACHERS LAYOUT, NEAR ISEC, NAGARABHAVI, BANGALORE-560056. 2. SMT.SHAKUNTALA, ryO PAI.AIAH, AGED ABOUT 66 YEARS, OCC: HOUEWIFE, R/A NO.331, lOrH CROS, TEACHER'S LAYOUT, NEAR ISEC, NAGARABHAVI, BANGALORE-560056. ........ COMPLAINANT/S (BY SRI.T.SWAROOP, ADV.)
AND:
1. THE GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEARD OFFICE, NO.65, ST.MARK'S ROAD, NEAR INDIA GARAGE, BANGALORE-56OOO
1 .
2. REGIONAL MANAGER, STATE BANK OF INDIA, REGION-I, REGIONAL BUSINESS OFFICE, NO. 13/1, KANAKA',S PRIDE, III FLOOR, OPP: RAMAKRISHNA MUTT, BULL TEMPLE ROAD, BANGALORE-560004.
3. BANK MANAGER, STATE BANK OF INDIA, VINAYAKA I.AYOUT, MALLATHAHALLI, INSTITUTE OF SOCIAL AND ECONOMIC CHANGE CAMPUS, NAGARBHAVI POST, BANGALORE-560056.
(BY SRT.B.C.GURU, ADV.)
4. RAMAKRISHNAPPA, MAJOR, OCC: BANK MANAGER, C/O STATE BANK OF INDIA, VINAYAKA LAYOUT, MALLATHAHALLI, INSTITUTE OF SOCIAL AND ECONOMIC CHANGE CAMPUS, NAGARBHAVI, BANGALORE-s60056. ........OppOSrTEpARTy/S (OP4 IS VIDE ABATED ORDER DATED
26.09.202s)
OR L ORD ER (PER: HON'BLE Mr. JUSTICE T.G. SHMSHANKARE GOWDA, PRESIDENT)
This Complaint is filed U/S 17 of Consumer protection Act, 1986 (in short Cp Act) seeking direction to Opposite Parties (in short OPs) to pay joinfly or severally Rs.45,00,000/- along with interest @ 1golo p.a. from 28.02.20L8 till the date of payment in respect of the stolen jewels from the Locker No.1131 maintained by the complainants with the Ops and also to pay compensation of Rs. 10,00,000/-.
2.
The Brief facts of the case are that, Op3 is the SBI, Mallathahalli Branch, Nagarabhavi, Bengaluru.
Complainants are the residents of Nagarabhavi, Bengaluru. They are the couples and senior citizens. The complainants having joint savings bank account bearing No.64109209573 with Op3. On 27.tL.2Ot2,the complainants have opened a Bank Locker bearing No.1131 with the OP3 and according to them they have kept the following items in the said lockers:
i.
Plain Bangles - 4 numbers ii.
White Stone Bangles - 2 Numbers iii. Red Stone Bangles - 2 Numbers iv. Coral and Jade Necklaces and Matching Earrings -
Set 1 set v.
White Stone Necklace and Tikka Bottu (Maang -
Tikka) 1 Number vi. Coral Necklace with earnings - 1 set.
vii. Green Stone and Hanging Necklace - 1 Set. viii. Red Stone Necklace and Hangings - 2 Set.
ix. Gents Neck Chain - 1 Number x. Bracelet worn in the hand - 1 number xi. Red Stone and Pearl Long Chain - 1 Number xii. Shanku Design Finger Ring - 1 Number xiii. Gun Style Finger Ring - 1 Number xiv. 9 White Stones Finger Ring - 1 Number xv. Red Stone Finger Ring - 1 Number xvi. White Stone Finger Ring - 1 Number xvii. Golden Necklace and Matching Earrings -
3 Sets in Total 4 Sets of Earrings.
xviii.
Black Beed (Kari Mani) Design Bangle -
1 Number.
2(a)
OP Nos.1 and 2 are the officers of the Op3 bank and OP4 is the Manger of the Op3 Bank. Since during the pendency of the complaint, Op4 died complaint against OP4 stands abated as per order dated
26.O9.2025.
2(b) It is contended by the complainants that to attend the marriage function of their close relative to be held on 01.03.2018, the complainants have visited the OP3 Bank on 28.02.2018, operated the locker No.1131 and taken 03 items of Jewellery i.e., Item Nos.ii, iii and v and Item Nos.i, iv, vi to xviii were remain in the locker.
2(c) On 21.03.2018 at about tt:45 dffi, the complainant No.1 received a call from Op3 that their locker is in open condition and asked him to visit the it.
bank to lock Complainant No.1 after visiting the bank met the OP4 who was the Manager of Op3 Branch, on enquiry informed about the locker was open and asked the complainant No.1 to lock i
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