Gaurav Pathak2 days ago
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Hotel industry is growing rapidly in India. Hotels are trying their best to provide a comfortable stay to their guests, but there have been several instances of poor service. Today we will analyze the rights available to hotel guests and the corresponding responsibilities of hotels in the light of judgments given by consumer courts.
ensure safety It is the primary responsibility of hotels to ensure the safety of their guests. In the case of Koka Naga Trinath v. Gonimadthala Chandra Lakshmi (2024), the National Commission held that any customer staying in a lodge expects security of his life and belongings. It is the duty of the lodge owner to protect the people staying in the lodge. A guest was murdered at the lodge due to the hotel’s negligence, which the court held amounted to deficiency in service.
Similarly, the National Commission in Gangadhar Shamandas Mangalani vs. Hotel Lucky India (2022) applied the principle of “res ipsa loquitor” (the things speak for themselves) and held the hotel liable for the death of a guest due to a fire in the hotel. The hotel neither had smoke detectors nor were its employees trained to operate fire extinguishers. The reason for the accident was not known to the hotel and no explanation was given by it. Therefore, the hotel was proved negligent in this matter.
valet parking Hotels providing valet parking cannot avoid their liability merely by writing ‘Risk of Honour’ on the parking token. In Taj Mahal Hotel v United India Insurance Company Limited (2018), the Supreme Court held that the hotel-guest relationship falls under the concept of “infra-hospitium”, i.e. when the car owner hands over the keys to the valet (hotel employee). The onus of care shifts to the hotel and the hotel is responsible to return the vehicle in the same condition in which it was received by simply printing a ‘disclaimer’ on the parking tag. Will not be free.
unilateral terms in contract There is a tendency in hotels to limit their responsibility to booking receipts, bills etc. by printing ‘disclaimers’. S.K. In the case Teng v. Hotel Sealord (2015), a guest was injured after falling from the second floor. The hotel argued that the token clearly stated that the management would not be responsible for any loss, theft or damage. The National Commission rejected this argument and ordered compensation to the guest. Unfair and one-sided contract terms cannot bind consumers.
compensation claim Consumer courts have ordered compensation for harassment and mental agony in many accident cases. In the case C. Venuprasad vs Narangs International Hotel Pvt Ltd (2012), guests were stuck in the hotel lift for two and a half hours. Holding the hotel guilty of negligence in maintenance of the lift, the National Commission ordered it to pay Rs 2 lakh to each guest for loss and mental agony.
Consumer commissions and forums have focused on the duty of care when determining the responsibility of hotels. Hotels are expected to take reasonable care of guests and their luggage while they are within the hotel premises. Guests can claim compensation not only for actual loss but also for inconvenience and mental anguish. (The author is also Secretary, CASC.)
