Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Consumer Protection Act, 1986 – Deficiency in service – Dispute w.r.t contents of locker of the appellant with respondent- Bank which it broke open inadvertently – District Commission allowed the appellant’s complaint – State Commission inter alia accepted the finding on deficiency of service, however held that Consumer forum has limited jurisdiction on recovery of the locker’s contents and directed appellant to approach civil court – Revision petition – Dismissed by NCDRC – On appeal, held: Respondent has not disputed their negligence in breaking open the locker in spite of clearance of rental dues by the appellant – But the number of items originally deposited by the appellant inside the locker is a contested fact – Appellant must file a separate suit before the competent civil court for seeking relief as to whether he is entitled to claim return/recovery of value of the ornaments allegedly deposited by him and for proving that the said items were actually in the custody of the bank – However, breaking open of the locker was in blatant disregard to the responsibilities that the bank owed as a service provider – It is gross deficiency in service on the part of the bank – Bank to pay costs of Rs.5,00,000/- as compensation and Rs.1,00,000/- as litigation expense to the appellant – Contract Act, 1872 – ss.148, 149. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2021 INSC 104 |
Petitioner | Amitabha Dasgupta |
Respondent | United Bank Of India & Ors. |
SCR | [2021] 1 S.C.R. 905 |
Judgement Date | 2021-02-19 |
Case Number | 3966 |
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