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The Reserve Bank of India has given detailed instructions on the security arrangements to be ensured by banks in their branches. It mandates, for example, that banks should have collapsible gates with a chain and a locking arrangement, permitting only 18 inches opening at the entrance. It also specifies the kind of security guard the bank should have, the need for the manager to check daily, the alarm system to ensure that it is in proper working order, etc. I would suggest that you look at it carefully and see if the bank had scrupulously followed these instructions. If not, the bank is guilty of negligence and liable for its consequences. You can find the banking regulator's instructions on the RBI website.
Are there any decided consumer court orders on this issue? There have been two orders of the National Consumer Disputes Redressal Commission on this issue. While the one delivered in the case of Col D. S. Sachar vs Punjab and Sind Bank, is a positive order, upholding the right of the consumer to be compensated for the failure of the bank to follow the instructions of the RBI on security and safety issues, the other is a highly negative order (State Bank of Patiala Vs Krishan Kaul). This order concludes that banks have no obligation to ensure the security of customers or their money. I would go by the first order because it has discussed the facts in detail and come to a logical conclusion, while the other one has failed to appreciate the facts. The order in Col D. S. Sachar vs Punjab and Sind Bank (Revision Petition no 1046 of 2003, decided on April 28, 2005) has its origin in a miscreant snatching Rs 45,000 from the hands of Col D. S. Sachar, even as he was handing over the money to the cashier at the Mohali branch of the Punjab and Sind Bank in Chandigarh on April 6, 1999. Colonel Sachar's complaint was that the armed guard, supposed to be on duty at the door of the bank, was nowhere in sight. Further, the bank had not even secured its door with a chain, restricting the entry/ exit of people. Even though he shouted for help, there was no attempt on the part of any employee to sound the alarm or catch the culprit. He also placed before the consumer court, the Reserve Bank of India guidelines on 'security at the bank premises' in support of his allegation that the bank had failed to take adequate safety measures. The court examined the RBI guidelines which, under the heading "Duties of Bank Guards", said: "The basic duty of the armed guard of the bank is to provide protection to the bank's cash/valuables and property and employees/customers against dacoity/robbery, snatching, pilferage, sabotage. At present, the bank armed guards are provided with 12-bore DBBL guns to protect the interests of the bank, its employees and customers against criminals". The court noted that even though the gunman and the bank manager had filed affidavits saying that the gunman was on duty on that day, the affidavits were silent on any attempt made by the gunman or any employee of the bank to apprehend the snatcher. Observing that the bank had a duty to ensure the safety of the money to be deposited or withdrawn by the consumer while on the bank's premises, it directed the bank to pay the customer Rs 45,000 along with interest at the rate of nine per cent and also Rs 5,000 towards the cost of litigation. In the second case (State Bank of Patiala Vs Krishan Kaul, RP NO 1554 of 2012, decided on October 25, 2013) where Rs 25,000 was snatched from the customer while he was about to hand it over to the cashier, the security guard was found to be careless and negligent. At the time of the theft, he was busy watching a religious procession going in front of the bank. However, the apex consumer court held that the security guard was not under any obligation to provide security to the customer. This is a highly retrograde order and one hopes that the consumer has filed an appeal in the Supreme Court and the Apex Court will set it aside.
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Last week, someone
snatched Rs 50,000 from my hand, just as I was handing it over to the
cashier at my bank. The bank's security guard was nowhere in sight and
the bank authorities did nothing to catch the culprit. Can I file a
complaint before the consumer court seeking compensation from the
bank?
