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TMI Blog2006 (10) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... uary, 1996, the Complainants are required to knock the doors of this Commission. Unfortunately, they are required to wait for years, because all sorts of defences are raised in such complaint. For the reasons stated below, we hold that there is nothing on record to establish that whatever is stated by the Complainants in the FIR is in any way erroneous and on that basis, we accept this complaint and award the amount as prayed for. Facts: 2. Mr.Mahender Singh Siwach, Complainant No. 1 and his wife Smt. Rajendri Devi, Complainant No. 2 filed this complaint alleging deficiency in service on the part of the Punjab and Sind Bank, Opposite Party No. 1. Smt. Chhavi Singh, daughter-in-law of the Complainants, is the O.P. No. 2, proforma party. Complainants Nos.1 and 2 were allotted Locker No. 131 and allocated Key No. 143 in the Punjab Sind Bank, Begum Pul Branch, Meerut since August 1979. They had been paying the rental charges regularly and operating the said locker. All the valuables of the Complainants were usually kept in the said locker for safety purposes. The Complainants last operated the locker in April 1997 and the items kept in the locker, as mentioned in the FIR, are g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the Complainants submits that Complainant No. 1 made a complaint to the police immediately on coming to know about removal of the jewellery from the locker and in that report the Complainants disclosed all the items of jewellery. 6. Mr. Ramender Singh Grover who was the earlier allottee of the locker in the O.P. Bank was arrested by the police, and he admitted the fraud/theft and surrendered to the bank a sum of Rs. 1,01,800/- in cash and melted gold and coins weighing 289.980 gms. The bank, in turn, handed over the said amount and the gold to the Complainants. 7. The loss suffered by the Complainants on account of the theft of their jewellery is categorized and given as under: Sl. No Particulars Weight Value 1. Ramnavmi set with stones 290.70 1,22,094/- 2. One set of necklace, etc. made of gold 185.30 77,826/- 3. One set of necklace, etc. made of gold 198.650 83,433/- 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent Bank. 8. The weight and value of the jewellery assessed as above is made on the basis of the valuation report dated 6th December, 1996 given by the Government approved valuer of the Complainant. 9. It is submitted by the Learned Counsel for the Complainants that Complainant No. 1, who is a retired Deputy Director from Department of Agriculture, Government of U.P, Complainant No. 2, his wife and O.P. No. 2, who is their daughter-in-law, were in a state of shock. Learned Counsel for the Complainants further stated that womenfolk in India have sentimental attachment with their jewellery and even a small loss of the same has a shattering effect on them and causes great mental agony. 10. Complainants have claimed a sum of Rs. 18 lakhs for total loss and Rs. 5,00,000/- for the mental shock and harassment to their family. 11. As against this, Learned Counsel for the opposite party submitted that locker No. 131 was allotted originally to Mr. Ramendra Singh Grover on 18.1.1978 and that he surrendered this locker during 16.3.1978 to 21.8.1979 and key of the said locker was handed over to Bank's custodian official. At that time the concerned official did no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d operation of the locker in the bank the lessee cannot assign or sub- let the locker and these clauses are reproduced as under: Clause 18: The lessee cannot assign or sub-let the locker, or any part of it, nor use it for any purpose other than the deposit of valuables and other property, nor can the lessee use the locker for the deposit of any property of an explosive and/or destructive nature. All such subletting or assignment shall be void. Clause 21: The relationship between the bank and lessee shall that of a 'landlord' and a 'tenant' and not that of a 'bailer' or 'bailee'. The bank has no responsibility or liability of any kind whatsoever, in respect of the contents of the locker, nor shall the bank be held responsible for any loss or damage to the same, arising from any cause whatever. 16. It is further submitted that according to the above terms of Clause 18 the major part of the claim is being made with regard to jewellery of the Complainants' daughter-in-law, who became the third person and that she is not the hirer of the locker. Further, Ramendra Singh admitted that he had taken away the contents of the locker and in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that he himself or his wife or his son or daughter-in-law never filed wealth tax returns as the amount did not necessitate the same. As regards income-tax returns Mr. Siwach stated that he retired in the year 1996 from a senior class-1 Officer's post, Deputy Director (Agriculture), U.P. Till his retirement his income-tax on salary was deducted at source and at the close of each financial year he filed statement for the same. After his retirement he did not file any income-tax returns and it was from the year 2000-2001 onwards when filing of income-tax returns became compulsory, he started filing the same. His son Shri Manoj Kumar joined government service as Assistant Engineer in the year 1991 and his income-tax on his salary was deducted at source and that he also started filing income-tax returns from the year 2000-2001 under law. As regards the daughter-in-law, it is stated that she is not an income-tax assessee. Finding: 20. We heard both the parties and perused the record containing wedding photographs of the daughter-in-law, Mrs.Chhavi Singh, wearing the jewellery; interrogatories; affidavits; and statements recorded in the criminal complaint. The issues which have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities, I think it proper to release the applicant also on bail. 22. Mr. Ramendra Singh Grover in his statement admitted as follows: In the year 1978, removed all the articles from it and thereafter went to America and lived in America. I returned from America in the year 1997 after the death of my mother in the year 1996. Bank had issued a notice to me that rent of locker and legal fee were due. After this I approached the Manager and informed him about the loss of key. How would locker be opened? On this he informed that an employee from Godrej Company would be called, key would be matched or locker would be broken open. After this I visited the Bank in November, 1997. Manager, concerned bank official and locksmith were called, locker was broken open and I took home the contents of the locker. I saw the articles at home and realized they were not mine. I thought as to who had kept them in my locker I also got greedy. Took the gold and got it melted in Delhi and sold the diamonds and jewellery in Bombay. I have given whatever cash and gold were with me to Bank and Mahendra Singh Siwach. I have committed a mistake I tried to misappropriate their articles. 23. The above sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cker Key Register. It should be marked 'Strictly Private' and should be kept in personal custody of Custodian of locker cabinets. A suggested proforma of Locker Key Register is given in Annexure 1. 6.5 Daily Register of Access to Hired Lockers (G-125) Signature of the operator on Locker should be obtained in this Register. Date and time of operation should also be recorded therein. 6.6 Branch should also maintain a pass book to keep a record of total number of Lockers hired and number of Lockers surrendered so that it is possible to find out at a particular time the number of Lockers let out and number of Lockers lying vacant. At the time of half yearly closing, the stock of keys on hand should be verified in reference to Lockers lying vacant. 12.3.1 Breaking Open of Locker Due to Loss of Key When intimation has been received from hirer(s) about loss of key, the following procedure should be adopted for breaking open the Locker: (a) An application should be obtained from hirer(s) requesting for breaking open the Locker. (b) The charges for breaking open the Locker should be realized from the hirer in advance and kept in Sundry Creditors Account. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Singh her mother Smt. Shakuntla Devi, who died on 5th August, 1996, had bestowed the said jewellery. The jewellery was purchased by encashing FDRs/Kisan Vikas Patras for the purpose of her marriage. Smt.Chhaving Singh, the daughter-in-law, has also filed an affidavit to the same effect and has produced on record the photographs taken at the time of her marriage which was performed in January, 1996 revealing that she was wearing the jewellery to a large extent. This evidence is a clinching evidence. And, there is no reason to disbelieve the said evidence. 31. Apart from this, even the person who committed fraud (the accused) has also admitted in his statement that he took the golden ornaments, got it melted in Delhi, sold the diamonds and jewellery in Bombay. There is nothing on record how much he has received for the diamonds and the jewellery sold at Bombay. There is nothing on record that he surrendered the entire golden ornaments after melting it in Delhi. 32. In this set of circumstances, we have to rely upon the affidavit of the valuer, Shri Hansraj Kohli. That valuation, as per the say of the Complainant, was because their Advocate directed them to get it valued, may ..... 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