Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Divya (nil)     23 May 2012

498a & 406 jurisdiction

Hello

All My mother's stridhan was kept in a locker at Ambala...This had happened 30 yrs back.

My mother had kept keys of locker with my Grandmother i.e. dadi

Now after dadi's death, my chacha has forecefuly kept the LOCKER keys with him and is not giving the keys to mother.....

My chacha stays at Pune & my mother stays at Thane.....My mother had given the keys to dadi when dadi was at Pune , hence entrustment of keys was at Pune..

My mother wants to get back her "Stridhan", bt she is confused where in which city she can file a complaint using IPC sections 498A/406/34 & other relevant ones.



Learning

 9 Replies

Prakash S Thakkar (B.S.L LL.B)     23 May 2012

fight for justice bcoz u have to file a complaint at ur nearest police station or court wre u reside.... or else leave the topic buddy bcoz thking of past is waste of time for good future.......

Alok Tholiya (self employed)     23 May 2012

Locker is in whose name? 

Divya (nil)     23 May 2012

locker in mother's name

pradeep (na)     23 May 2012

I think the first and foremost thing your mother should do is to inform the concerned bank (where locker is) about this in writting and request the bank not to entertain anyone with authorisation letter for opening it. Also check the record of bank whether the locker was opened anytime after the possasion of key by your Chacha.

Kumar Doab (FIN)     23 May 2012

In addition to the advice of learned experts/.members your mother may immediately get in touch with BM of the bank, announce that keys are lost, and may send a follow up fax, email, and further followed by letter by redg post, and ask to issue duplicate keys and may remit the fee. Later lady may open the locker, take the items and vacate the locker. She may obtain another locker.

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2012

Mr.Thakkar,

As a lawyer I think that should not have been your reply.

Divya,

Now that 30 years have gone by,since opening the locker,first go to the bank,give a letter stating that your mother has lost the keys.The locker must have been in the name of your mother.If you don't get a positive reply at the bank,then give a police complaint that the key is lost .

 

Ajit Singh Cheema (practising Advocate)     23 May 2012

Please note there is no provision of duplicate keys in the case of locker.You should immediately contact the branch manager concerned and know about the present position of the locker and inform them that the keys have been lost.Try to know if there was any operation in the locker account.May the God bless and you may find the locker in order.The only option that remains is of breaking open the locker in your presence by an authorised Mechanic.Good Luck.

Kumar Doab (FIN)     23 May 2012

Kindly approach the bank as ap.

The master policy, and bank policy is available on bank's website.You may read the policy carefully. The bank's policy has to be in line with guidelines of RBI,IBA. BM of the bank can seek opinion from legal cell and has to keep the HO informed in unique circumstances.

Has the address of the lady remained same as in bank's record? Did the lady inform the bank for change of address in writing? Did the lady receive any notice from bank, at old or new address?

Some of the guidelines and policy are given below and attached.

 

 

 

https://www.bankofbaroda.com/pfs/lockers.asp

 

-Loss of key should be immediately informed to the Branch. The bank shall not be responsible for any loss. Charges for opening the locker, or replacing the lost key, and for changing the lock shall be payable by the Renter/s.

-The Renter is required to operate the locker at least once in every six months and if the locker remains unoperated for more than a year from the last date of operation then the Bank will have a right to cancel the allotment of the locker by giving a notice for security reasons and treat the Renter/s as a defaulter, notwithstanding that the rent has been paid up to date.

5.Breaking open of Lockers

In case of breaking open of the locker, Rs.250/- will be recovered as incidental charges over and above actual cost incurred for the same.

 

https://www.eximguru.com/notifications/safe-deposit-lockers-articles-in-19430.aspx

Safe Deposit Lockers/Articles in Safe Custody


 

 

Date:

17-04-2007

Notification No:

RBI/2006 2007/325DBOD No Leg BC 78 /09 07 005/2006 07

Issuing Authority:

RBI

Type:

Master Circular

File No:

RBI/2006-2007/325

Subject:

Safe Deposit Lockers/Articles in Safe Custody

Safe Deposit Lockers/Articles in Safe Custody


RBI/2006-2007/325
DBOD.No.Leg.BC.78 /09.07.005/2006-07

April 17, 2007

To

All Scheduled Commercial Banks
(excluding RRBs)

Dear Sir,

Extension of Safe Deposit Locker / Safe Custody
Article Facility and Access to Safe Deposit Lockers /
Return of Safe Custody Articles by banks.

       

 

2.2 Customer due diligence for allotment of lockers / Measures

ii. Where the lockers have remained unoperated for more than three years for medium risk category or one year for a higher risk category, banks should immediately contact the locker-hirer and advise him to either operate the locker or surrender it. This exercise should be carried out even if the locker hirer is paying the rent regularly. Further, banks should ask the locker hirer to give in writing, the reasons why he / she did not operate the locker. In case the locker-hirer has some genuine reasons as in the case of NRIs or persons who are out of town due to a transferable job etc., banks may allow the locker hirer to continue with the locker. In case the locker-hirer does not respond nor operate the locker, banks should consider opening the lockers after giving due notice to him. In this context, banks should incorporate a clause in the locker agreement that in case the locker remains unoperated for more than one year, the bank would have the right to cancel the allotment of the locker and open the locker, even if the rent is paid regularly.

iii. Banks should have clear procedure drawn up in consultation with their legal
advisers for breaking open the lockers and taking stock of inventory.


Attached File : 631594154 rbi safe deposit lockers 97macs010710 f.pdf downloaded: 115 times

Dr J C Vashista (Advocate)     27 May 2012

The matter of opening the locker lies between the bank and their customer for that your mother has to be proactive.

Dr. (Maj) J C Vashista, ,Advocate #09891152939


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register