- (1.)THIS appeal is by opposite parties -the Allahabad Bank and its officers who have been directed to pay to respondent -complainant a sum of Rs. 2,00,000 with interest and cost, by District Consumer Disputes Redressal Forum, Bhopal vide order dated 23.2.2004 in Case No. 423/2000.
(2.)THE aforesaid amount has been awarded on the finding that the appellant -bank was deficient in its service in the matter of providing due protection to the locker hired by respondent from the appellant. It is no more in dispute that on 18.5.1998 when the respondent came to operate the locker and put his key in the locker in presence of appellant s representative Mr. Mohanlal Verma, it was found that the locker had already been opened and its lock was missing altogether. The locker was totally empty. Earlier the locker was operated by the complainant on 18.1.1997. Obviously the locker was tampered and its lock removed on or after 18.1.1997 and before 18.5.1998. A report of the incident was lodged by the complainant with the appellant -bank as also with the local police (PS Habibganj) the same day. The complainant also provided list of stolen ornaments which he claimed were kept in the locker. He estimated his loss at around Rs. 3,00,000/ -. When the appellant -bank did not settle his claim, he approached the Forum below under Section 12 of the Consumer Protection Act, 1986 . The claim was resisted by the appellant -bank who tried to put the entire blame on the complainant and it was alleged that the complainant while operating the locker on 18.1.1997 seemed to have himself removed the lock thereof, emptied it and closed its shutter, thus preparing ground for lodging false claim against the appellant. This defence story of the appellant has, however, been rejected and in our opinion rightly, by the Forum below. The story not only appeared improbable but impossible too. In the first place, there is no evidence direct or indirect to substantiate the charge. The respondent at the relevant time was a senior officer (Additional Housing Commissioner) of the M.P. Housing Board, a State Government owned company and it looked wholly unnatural for him to have behaved like a professional criminal.
(3.)THERE was gap of about one and half years between the two operations of the locker. It is nobody s case that the complainant had any access to the locker or the locker room during this intervening period. Needless to say that hundreds of people including officers of the appellant -bank must have had entered the room and operated other lockers during this period. It looked wholly improbable rather impossible that the mischief allegedly committed by the complainant on 18.1.1997 would go unnoticed by the officers of the appellant -bank all these seventeen months.
It is useful here to read the Manual of Instructions governing operation of the lockers. Chapter 16 deals with "SAFE DEPOSIT LOCKERS" of which Instruction Nos. 6.3, 9.1 and 9.2 thus read as follows:

"6.3 After the locker is opened, the custodian should remove his key and should not remain near the locker. The hirer can himself/herself close the locker and the custodian s presence at the time of closing the locker is not necessary. The custodian should, however, inspect the locker room after the hirer leaves the locker to see that no valuables are left out inadvertently.

The Officer -in -charge of lockers should inspect the locker immediately after it is used by a customer to ensure that it has been locked properly and that no valuables are left out inadvertently. The Officer -in -charge should also make sure after physical inspection that at the end of the day, all the lockers operated during the course of that day, have been properly locked.

9.1 The custodian should inspect locker soon after it has been used by a customer to find out that locker has been properly closed and no article has been left outside inadvertently.

9.2 It sometimes happens that the hirer departs leaving his locker wide open or closed but not locked. Whenever any Locker is found open, the hirer should be called to come to the Bank immediately with the key and should be informed of the position (when calling the hirer, no indication should be given to him about his unlocked locker). The hirer should be asked to check the contents of the locker and be satisfied about them. He should give a statement in writing to that effect. Head Office should be advised in the matter."