Unwarranted actions by hotels constitutes deficiency of service and is actionable under the consumer protection Act
Unwarranted actions by hotels constitutes deficiency of service and is actionable under the consumer protection Act said the national consumer dispute redressal commission in Nagar Mal Sharma vs the proprietor, Hotel Chandra Mahal.
Sharma left Narnaul for Kota with his granddaughter carrying Rs26,000 in cash. He decided to halt at Jaipur and booked into Hotel Chandra Mahal. Around midnight two people barged into his room, dragged him out to the hotel reception counter. Two policemen also came thereafter and left the hotel after 45 minutes. Sharma later found that Rs12,600 kept in his bag was missing. He left the hotel and checked into another.
Sharma lodged a complaint at the police station and filed a case of deficiency of service against the hotel at the consumer dispute redressal forum at Jaipur. The district forum passed an order in his favour asking the hotel to pay Rs4,500 as compensation and Rs500 as costs of litigation.
The hotel took the case to the state commission, which held that the hotel was in no way responsible for the act of “two outsiders”. Sharma went in revision against the said order in the National Commission, which stated that the contention of the customer leaving the hotel on his own at 2am, could not be believed.
Further, it noted that the police who had come to the hotel had gone away without filing an FIR against the so called immoral acts that the hotel had alleged, which further led to the conclusion that the hotel was not disclosing the truth.
The National Commission also noted that the hotel had neither denied nor could it explain how two outsiders came into their premises and disturbed the guest in the room, without their active connivance. ding that Sharma had proved that he was a consumer by the very fact that he had paid Rs200 as room rent, the commission held the hotel responsible for deficiency of service in not taking care of his security and confirmed the order of the district forum, in addition to imposing additional costs of Rs10,000 on the hotel.
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