Bank had broken open locker of appellant – Non payment of rent dues - Banks should not have the liberty to impose unilateral and unfair terms on the consumers

Citation

CDJ 2021 SC 129

Head Note

Indian Contract Act, 1872 - Section 148 – Banking Regulation Act, 1949 - Sections 45 ZC to 45 ZF – Dispute on contents of bank locker – Bank had broken open locker of appellant – Non payment of rent dues – Deficiency of service – Jurisdiction of Consumer Forum to adjudicate on recovery of content of locker – Claim of cost of seven ornaments
 
Court held, It was held by District forum that Respondent No.1 could not prove that there had been only two ornaments in the locker since there were no independent witnesses in the presence of whom the locker was opened -  Respondent No. 1 was directed to return the entire contents of the locker, or alternatively pay the Appellant towards cost of the jewelry and, compensation for mental agony, harassment, and cost of Litigation – Held, banks should not have the liberty to impose unilateral and unfair terms on the consumers – Direction given to RBI to issue suitable rules or regulations as aforesaid within six months from the date of this judgment - Appeal is disposed of.
 
[Paras 10 to 15]
 
Cases Referred:
Charan Singh v. Healing Touch Hospital & Ors. (2000) 7 SCC 668;
UCO Bank v. RG Srivastava,11 1996 (1) CPR 97;..………..Relied on