COMPENSATION BY BANKS ON LOSS OF ITEMS KEPT IN LOCKERS

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PM

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Aug 18, 2021, 10:57:27 PM8/18/21
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FOR INFORMATION:

As per latest revised instructions of Reserve Bank Of India on Safe Deposit Locker/Safe Custody Article Facility provided by the banks vide its circular No.RBI/2021-2022/86
DOR.LEG.REC/40/09.07.005/2021-22 dated 18th August 2021,  to All Scheduled Commercial Banks (including RRBs),compensation has to be paid by Banks in case of any loss to items kept by customer inside licker:


Copy if relevant portion of circular is furnished here under for information;


"PART VII: Compensation Policy / Liability for Banks


7. Liability of banks


The banks shall put in place a detailed Board approved policy outlining the responsibility owed by them for any loss or damage to the contents of the lockers due to their negligence as banks owe a separate duty of care to exercise due diligence in maintaining and operating their locker or safety deposit systems. The duty of care includes ensuring proper functioning of the locker system, guarding against unauthorized access to the lockers and providing appropriate safeguards against theft and robbery. Further, banks shall adhere to the Master Directions on Frauds for reporting requirements about the instances of robberies, dacoities, thefts and burglaries.


7.1 Liability of banks arising from natural calamities like earthquake, flood, thunderstorm, lightning etc. or due to sole negligence of the customer


The bank shall not be liable for any damage and/or loss of contents of locker arising from natural calamities or Acts of God like earthquake, floods, lightning and thunderstorm or any act that is attributable to the sole fault or negligence of the customer. Banks shall, however, exercise appropriate care to their locker systems to protect their premises from such catastrophes.


7.2 Liability of banks arising from events like fire, theft, burglary, dacoity, robbery, building collapse or in case of fraud committed by the employees of the bank


It is the responsibility of banks to take all steps for the safety and security of the premises in which the safe deposit vaults are housed. It has the responsibility to ensure that incidents like fire, theft/ burglary/ robbery, dacoity, building collapse do not occur in the bank’s premises due to its own shortcomings, negligence and by any act of omission/commission. As banks cannot claim that they bear no liability towards their customers for loss of contents of the locker, in instances where loss of contents of locker are due to incidents mentioned above or attributable to fraud committed by its employee(s), the banks’ liability shall be for an amount equivalent to one hundred times the prevailing annual rent of the safe deposit locker."



Vvns Varaprasadrao

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Aug 19, 2021, 6:25:39 AM8/19/21
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Is it correct to limit the responsibility of the Bank when its staff  commits fraud ?
  



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Kalyanasundaram Subramaniam

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Aug 20, 2021, 12:21:54 AM8/20/21
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It is an absurdity. It is not an insurance to limit coverage of  loss. When a fraud is committed, the victim is entitled for full compensation. This guideline may even be challenged in the court of law. Earlier the supreme court,  instead of deciding the matter had left to RBI to decide on the responsibility of missing items in the locker.   


S Kalyanasundaram 

Kalyanasundaram Subramaniam

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Aug 27, 2021, 12:01:16 AM8/27/21
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My write up on this published underhttps://thefederal.com/analysis/rbi-decision-to-limit-banks-liability-for-safety-lockers-makes-no-sense/

Regards.

S Kalyanasundaram 

On Thursday, August 19, 2021 at 3:55:39 PM UTC+5:30 vvns varaprasadrao wrote:
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