spicejet
Case 1: Five-star judgment in the history of consumer rights
Problem: Hotel liable for injury suffered by the guest due to defect in designing of rooms.
Lawsuit:
For accommodating the invitees to his wedding in Goa, Siddhartha Bhimrajka had booked several rooms in Park Hyatt Goa Resort & Spa, a five-star hotel belonging to Blue Coast Hotels and Resorts. Amongst the invitees were Vinay Rajpal, a 29-year-old businessman and his wife Ravina. On their arrival on July 7, 2005, the Rajpals were welcomed by the hotel staff and escorted to room no. 321 on the ground floor. On July 9, the day of the wedding, they attended a pool-side lunch party. Even though alcohol was served, they did not consume it. After returning to their room, they decided to take a shower. The bathroom had three steps to go down to the bathing area and there was a handle bar to the right. On the second step, Vinay Rajpal slipped badly and fell on his face with great force, resulting in fractures of the right mandible and left side of ramus. Vinay was taken to hospital for treatment. He was discharged on July 16. However, his mouth was kept closed upto July 19 and he was unable to do his normal duties for a period of one year. Vinay had sent a legal notice to the hotel for compensation, followed up with reminders. The hotel 's insurers responded, contesting the claim and denying any negligence on the part of the hotel. On September 2007, Vinay filed a consumer complaint before the Goa state commission claiming a compensation of Rs 30 lakhs. He claimed that he had suffered fractures due to a fall because the design of the bathroom was faulty and the housekeeping personnel had failed to maintain it properly.
The hotel defended itself by pointing out that the same room no. 321 had been in use since the year 2002. Over the years, several guests had used it without any complaint or accident. Even the Rajpal couple who had checked in on July 7 must have used the bathroom thrice prior to the
Problem: Hotel liable for injury suffered by the guest due to defect in designing of rooms.
Lawsuit:
For accommodating the invitees to his wedding in Goa, Siddhartha Bhimrajka had booked several rooms in Park Hyatt Goa Resort & Spa, a five-star hotel belonging to Blue Coast Hotels and Resorts. Amongst the invitees were Vinay Rajpal, a 29-year-old businessman and his wife Ravina. On their arrival on July 7, 2005, the Rajpals were welcomed by the hotel staff and escorted to room no. 321 on the ground floor. On July 9, the day of the wedding, they attended a pool-side lunch party. Even though alcohol was served, they did not consume it. After returning to their room, they decided to take a shower. The bathroom had three steps to go down to the bathing area and there was a handle bar to the right. On the second step, Vinay Rajpal slipped badly and fell on his face with great force, resulting in fractures of the right mandible and left side of ramus. Vinay was taken to hospital for treatment. He was discharged on July 16. However, his mouth was kept closed upto July 19 and he was unable to do his normal duties for a period of one year. Vinay had sent a legal notice to the hotel for compensation, followed up with reminders. The hotel 's insurers responded, contesting the claim and denying any negligence on the part of the hotel. On September 2007, Vinay filed a consumer complaint before the Goa state commission claiming a compensation of Rs 30 lakhs. He claimed that he had suffered fractures due to a fall because the design of the bathroom was faulty and the housekeeping personnel had failed to maintain it properly.
The hotel defended itself by pointing out that the same room no. 321 had been in use since the year 2002. Over the years, several guests had used it without any complaint or accident. Even the Rajpal couple who had checked in on July 7 must have used the bathroom thrice prior to the
Bibliography: TNN Oct 1, 2013, 02.25PM IST http://articles.timesofindia.indiatimes.com/2013-10-01/ahmedabad/42573341_1_consumer-court-compensation-and-rs-consumer-dispute-redressal-forum