BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
C.C NO-55/2019
Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy, Member (W).
Dr. Chandra Kumar Modi, aged about 59 years,
S/O-Sri Sitaram Modi,
R/O-Bijay Colony, Gujuratin Colony,
City/Dst-Sambalpur-768001. …..Complainant
Vrs.
- V. Hotel,
V. Hotel,Opposite to KAARVY,
RTC Bus Stand, Srinagar,Dwarakanagar,
Visakhapatanam,India.
- Sanjay Bhasin,CEO, Goibibo,
Goibibo Corporate Office,
5th Floor, Good Earth Centra
Sector 50,Gurgaon-122018, Haryana,India.
Mob-09213025552/1-860-2-2585858
E-mail ID:ceo@goibibibo.com. O.Ps.
Counsels:-
- For the Complainant:- Sri P.P.Panigrahi, Advocate.
- For the O.P-1 :- Sri R.K.Mahana, Advocate & Associates.
- For the O.P-2 :- None
DATE OF HEARING : 17.03.2021, DATE OF ORDER :13.04.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant is a doctor by profession. The Complainant his wife, Son Akash and daughter-in-law Richa travelled from Sambalpur to Visakhapatanam by train .They stayed at the Hotel of the O.P-1 which is 4-star hotel. This Hotel was booked by the O.P-2 Goibibo who carried out the business of booking hotels. The O.P-2 assured for the quality service at the O.P-1 Hotel such as comfort, hospitality, safety and security of the guests and their belongings. The online booking was from 19.11.2018 to 20.11.2018 for room no-205 and 206 for total amount of Rs.7,063/-. To check out from the hotel on dtd.20.11.2018 at 9 am, the Complainant and his family packed their belongings ,travelling luggage zipped and locked and after they locked their room no-205 and 206 with electronic card in order to take breakfast at the in-house restaurant at 7.30 am . After the breakfast the Complainant’s wife and daughter-in-law proceeded towards the room and saw that the bell boy named N. Appala Raju coming out from room no-205 at about 8.10 in the morning. On asking the reason for entering in to the room in their absence without permission the bell boy replied evasively that he had been to the room for room services and ran away from the first floor. The Complainant and his family members proceeded towards the lobby to check out but at that time they noticed that they are being approached by the said bell boy. N Appala Raju and he voluntarily replied that he is working there since six years and he is very honest employee. On reaching at Sambalpur the daughter in law of the Complainant found that the cloth in between the zip was cut and suspected on the bell boy who procured a duplicate key and entered in to the room no-205 took out valuables. The matter was informed to the hotel Manager of V-Hotel Mr. Suman on dtd.20.11.2018 at about 10.15 pm who assured to make investigation of the matter. A video of cut cloth suitcase was sent to Mr. Suman for information and the matter was investigated by Mr. Suman and the management. On examination of the CCTV installed at their hotel they found unauthorised access by Raju in to the room no-205 and 206 and on interrogation the bell boy confessed to have committed theft for only 1000 Euros and denied for all other items. The CCTV footage was never shared by the O.P-1 with the Complainant. Mr. Suman stated that the bell boy has admitted the theft in writing and sent an e-mail on this matter to Akash Modi but conveyed his inability to recover the 1000 Euros which the bell boy had initially told to hand them over to Mr. Suman. But the bell boy has actually handed over him 1000 denomination of Uzbekistan currency which reveals that he is habitual in stealing the belongings of the guests to that hotel. Again the bell boy has alleged to have withdrawn money during the period 23.11.2018 to 14.12.2018 from the account-2165000100619401 of the daughter of the Complainant without generating the ATM card PIN, perhaps by using her ID card. Richa Sharma was not aware as she was residing in Germany and the SMS are being sent to her mobile in India. The withdrawal of money from the account of Richa Sharma was noticed by her father Sri Hirendra Kumar Shukla and he made a written complaint on 22.02.2019 to the Branch Manager Visakhapatanam. A Complaint was lodged at Dwaraka Nagar Police Station. The Hotel management and the staff were negligent in their responsibilities and hence the Complainant along with his family members were gone through financial loss, mental pain and agony due to the deficiency in service and unfair trade practice by the O.P-1.
As per the O.P-1 as regard to the security provision every room is fitted with electronic safe and the management is not responsible for the loss of valuables in the room. If any loss caused to Akash Modi is for his negligence as he has not kept the valuables in the safe. The O.P denied the allegation that the bell boy Raju had approached the Complainant and his family up to the lobby of the Hotel. He also denies that the complainant had Rs 10000 Euro, 50,000 INR in cash, One gold Chain, three gold ear ring pairs, two gold bangle pairs, one broken gold bangles as no prudent man will keep the valuables in the suit case and leave such it a hotel room. The fact that the bell boy Raju instead of 1000 Euro currencies handed over to the manager Mr. Suman 1000 Uzbekistahn currencies is totally false. The petitioner is trying to mislead the Hon’ble Forum and to make unlawful gain invented the story of losing the ATM Card and withdrawing money which is humanly not possible by the bell boy who has no knowledge about ATM. A person resident at Germany losing ATM card in India is totally a myth. As the Complainant and his family member were provided with a locker in the room to keep the valuables hence the O.P cannot be burdened with the loss of goods. The Complainant has falsely foisted the case of dishonestly removing the valuables of the Complainant and his family members in the said Hotel room by the bell boy Raju.. Hence the O.P has not committed any deficiency in service and unfair trade practice to the Complainant.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has booked two rooms in the Hotel of the O.P-1 through the O.P-2. It is seen that most hotel guest rooms are equipped with a locking system that requires either a key or a magnetic card for entry. No matter how advance the keyed system is, there are members of the Hotel staff and cleaning crew who may be able to access the room. The hotel can install an additional deadbolt or latch-type lock on every guest-room door that cannot be opened from outside and provides the guest with more security when inside the room. While this basic security feature does help eliminate unwanted entry, it cannot deter thieves who enter the room when the guest is out. In-room safes are another imperfect but expected security measures that can help prevent theft but allow the potential for access by employees with pass keys.
One of the best ways to prevent thieves from preying on Hotel guests is to make sure they are not hired to work at the hotel in the first place. By checking the criminal background of every employee, one can eliminate the potential for future issues with a worker who has demonstrated criminal behavior in the past. Front-desk and other cash-handling positions may require not only a criminal check but a credit check as well. Employee screening is not finished once the hire is made. It should continue with regular but unscheduled drawer counts, inventory checks and personal inspections to ensure that company items and cash are not being pocketed at any time. In the present case the Complainant and his family member has observed various discrepancies regarding the unauthorisedly making entry in the customer room, cutting of cloth near the zip, taking away the currency(1000 EURO), handing over the Currency of Uzbekistan etc. amounts to negligence in service and unfair trade practice to the customers which loses the trust on the Management as well as the Hotel Business. The Confessional Statements made by the O.P-1 dtd. 21.11.2018 it is established that the bell boy has taken unauthorisedly 1000 Euros (German Dollar) from the room 205 on the Hotel of the O.P-1. But the theft of other valuables is not established and it is under investigation by police. The O.P-2 has no role in this case hence discharge from liabilities. Hence we order as under:-
ORDER
The Complaint petition is allowed. The O.P-1 is directed to return the 1000 Euros recovered from the Hotel Bell boy N. Appala Raju to the Complainant with 9% per annum. The O.P-1 is further directed to pay Rs. 50,000/-(Rupees Fifty Thousand)as compensation and Rs.10,000/- (Rupees Ten Thousand) towards the cost of litigation. All the orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.
Order pronounced in the open Court today i.e, on 13th day of April 2021 under my hand and seal of this Commission.
Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.
I agree,
-Sd/- -Sd/-
MEMBER(W) PRESIDENT
Dictated and Corrected
by me.
-Sd/-
PRESIDENT
