Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            Complainant by filing this complaint submitted that complainant booked three Deluxe A/C rooms at Hotel Roofers Pearl in New Digha on 12-10-2012 through the OP4 for two nights and three days i.e. from 20-10-2012 to 22-10-2012 for which the respondent 4 received an advance of Rs.14,000/- from the complainant and promised to provide goods service and facilities in the hotel during his stay and hotel voucher was issued by Chalo Berai Tours & Travels

            Accordingly, 20-10-2012 complainant along with his family members went to Digha for a pleasure trip and stayed at Hotel Roofers Pearl, New Digha as per booking and complainant was allotted Room No.101 of that Hotel and another two rooms were booked for complainant’s relative who stayed there on these dates.

            But on 21-102012 at about 1 a.m. when complainant and his family members returned to their room from their relatives room, in utter surprise they found that some articles along with a cash of Rs.60,000/- were missing from their room.  Subsequently, complainant went to Digha Police Station and lodged a written complaint in this regard and Digha Police started a case, treating the written complaint as FIR.  During investigation one hotel staff was arrested by the concerned P.S. and at the time of theft complainant’s minor daughter was sleeping in their allotted hotel room in question.  After the above incident the OP members promised to the complainant that their organizations will compensate for the loss of articles along with cash which were stolen from their hotel and as per letter issued by the OP3 complainant visited their office several times, met the concerned persons and also sent e-mail to them in this regard, but it is very painful that no reply came out from their end, though they verbally assured the complainant several times for giving compensation against the loss in their hotel.  On 20-01-2013 complainant sent a demand notice to the OP4 through E-mail regarding compensation and on the next day i.e. on 21-01-2013, the OP4 replied denying their liabilities in this regard.  Prior to the above notice complainant also sent demand notices through speed post with A/D and also through E-mail to the OPs 1 to 3 regarding compensation on 06-12-2012 and it is painful and surprising that the OP3 refused to accept the said notice and the same returned to the complainant.

            Thereafter, complainant received a letter dated 11-12-2012 issued by General Manager, Roofers Hotel Ltd., Kolkata, i.e. OP1 through Speed Post in which he admitted the incident of theft as stated above in their hotel at Digha and gave proposal to the complainant for settlement regarding compensation and other issues related to the incident of theft took place on 21-10-2012.  But, thereafter, practically OP did nothing and they did not think over the matter and matter was not settled.  Ultimately, complainant, thereafter, was threatened by the OPs over phone and that matter was reported to Digha Police station, Superintendent of Police and District Magistrate, East Medinipur in writing as supplementary FIR through speed post with A/D and also through e-mail but till date OP has not arranged for any settlement or payment of such loss.  In the above circumstances, for the deficiency in service and negligent manner of service of the OP complainant has prayed for compensation and for other relief by filing this complaint against OP.

            Fact remains that the notices of this case upon the OPs were duly served by Registered Post with A/D and speed post and internet status of the Indian Post is filed wherefrom it is found the notices of this case were duly delivered upon the OPs either to the Manager or to the Manager CBD and T or Marketing Manager but peculiar fact is that OPs have not appeared to contest the case for which the case is heard ex parte.

            So, in the above circumstances we must have to rely upon the documents filed by the complainant and his evidence for decision.

Decision with Reasons

On overall study of the complaint and further the document Annexure 1, Annexure 2 that  complainant booked hotel of OP1 through OP4 and no doubt his family member went to enjoy Digha Trip and stayed at Hotel on 20-10-2012 in Room No.101.  but on the night of 21-10-2012 (at 1 a.m.) when they came from another room where there relative were staying, it was found that belongings were stolen along with Rs.60,000/- in the bag and some other articles from that Hotel room at that night.  Thereafter, on that day on 21-10-2012 complainant lodged a complaint at O.C. Digha P.S. on the basis of which FIR was started being Digha P.S. Case No.55 of 2012 dated 21-10-2012 and in the said complaint it was alleged that cash of Rs.60,000/-, Mobile Phone, ATM Card with ornaments valid at Rs.80,000/- were lost and practically it was a great loss to the complainant no doubt when he was in the hotel by paying Rs.14,000/- for three days.

            It is also proved that the matter was reported to Roofers Pearl Hotel, New Digha and on 22-10-2012 on behalf of the Roofer Hotel it was reported to present complainant that they will get a complementary one day food (21-10-2012 to 22-10-2012), and they will provide a car from Digha to Kolkata and their Kolkata Office will contact him regarding Case 55/12 dated 21-10-2012 and they also reported that Police enquiry was going on in a right way.  Practically, the present complainant Nijamuddin Ahamed is an Advocate of Alipore Judges Court and he prayed for compensation regarding theft of the article in the Hotel of OPs1 to 3 but against that practically OP4 reported that their concern is to book hotel but after entering into hotel and as per rules and regulation it is the responsibility and liability of the Management of the particular hotel authority and they stated that they are not responsible for compensation for the loss what the complainant incurred what is evident from Annexure 7 filed by the complainant but subsequently from OPs1 to 3 reported to the complainant that as because the case has started the compensation and all other issues cannot be at all settled till the disposal of that case and it is evident from exhibit 11 as filed by the complainant. 

            Whatever it may be it is proved after considering all documents when same are issued documents by the OP1, we are convinced to hold that Roofer Hotel Ltd. and Hotel roofer Pearl including its another concern Roofer Tourism Ltd. are equally liable to pay the compensation when complainant paid Rs.14,000/- for booking the hotel of Roofer Hotel Ltd. at their Hotel in New Digha named Hotel Roofer Pearl and undisputed fact is that the theft was committed at night at 1 a.m. on 21-10-2012 FIR was lodged and one staff of the Hotel was arrested.  Peculiar factor is that even after considering the theft Hotel Authority to minimize the matter gave a letter stating that they will give a complementary one day food on 21-10-2012 to 22-10-2012 in the said hotel and provide one car for their journey from Digha to Kolkata and they have admitted that Police case was proceeding in right way but subsequently, OPs1 to 3 Authority reported that it would not be possible to settle the matter because case is pending.  Considering these documents and materials in this case and peculiar conduct of the OP 1 to 3 in this regard not to contest the case we have gathered that they have already admitted that there is fault on the part of the Management because forthwith they tried to give small benefit for loss of articles and about loss of articles there was no denial on the part of OPs1 to 3.  At the same time there is no allegation against the complainant about such loss then truth is that  theft was committed in the alleged room No.101 of OPs at New Digha in respect of the articles and cash of the complainant and then it is clear that the service was not at all good service and the life and property of the boarders were not safe in that hotel and truth is that the ops1 to 3 failed to give proper safety and protection of the boarder or the tourist instead in deep night hour theft was committed and for their laches the complainant lost valuable articles, money, mobile etc. that is not denied then we can rely upon the evidence filed by the complainant on the ground that OPs admitted the fact by letters but they are not compensating because the case is pending for which it cannot be settled. But prior to that on that date i.e. 21-10-2012 forthwith they wrote a letter to the complainant with a request to get some complementary that one day meal form 21-10-2012 to 22-10-2012 and a car will provide for their journey but complainant did not accept that means the OPs 1 to 3 tried to minimize the matter so that the complainant may swallow the complementary against such loss and in future the complainant may not raise any claim and moreover these two letters are sufficient to hold that complainant’s loss was very severe loss.  He lost Rs.60,000/-, mobile and other cards and that was stolen by the staff of the OPs and that is the situation of the tourist in the big hotels and hotel administration is reluctant to give protection safety and service to the tourist or the boarders who have paid huge money for safe boarding and in this case for three days (actually two nights) Rs.14,000/- was paid for the said room but on payment of Rs.14,000/- the OPs 1 to 3, their staff committed theft and it is within the knowledge of the OP3 for which they are silent and in view of the above material we are confirmed that the complainant’s loss was caused by the OPs 1 to 3 and they are equally responsible to compensate the complainant for his loss on the ground of negligent and deficient manner of service in protecting the life and property of boarder(tourist) and also negligent manner of service and also for laches of the OPs1 to 3 theft was committed at night hours 1 a.m.  No one can believe that from the boarders room article were stolen at deep night and such sort of theft can only be committed by the employees of the Hotel but not by any outrider and for which OPs did not appear before this Forum to challenge the complainant’s claim and loss and fact of the dishonest staff’s activities for which the theft was committed.

            In view of the above findings and on overall evaluation of the materials and circumstances we are convinced to hold that the complainant is entitled to Rs.1,50,000/- from the OPs 1 to 3 for loss of huge personal property including cash, mobile etc. in the hotel of the OP1 and so OPs 1 to 3 are jointly and severally liable to pay the compensation to the complainant and fact remains that the entire Hotel business tactics of the OPs 1 to 3 is not doubt unfair trade practice only to cheat the tourist cum boarder in several manner and they adopted some unfair trade practices so that no tourist can claim compensation from them but here and there squeezing money from the tourist or boarder and causing loss to the tourist with the help of the staff is no doubt a notorious act as it is evident in this case that one staff was arrested by the Digha Police in connection with this case but OPs 1 to 3 are silent about this.

            Accordingly, the complaint succeeds.

Hence,

Ordered

That the complaint be and the same allowed ex parte against OPs 1 to 3 with a cost of Rs.10,000/- (Rupees Ten thousand only).

            OPs 1 to 3 jointly and severally are directed to pay compensation of Rs.1,50,000/- (Rupees One lakh Fifty thousand only) to the complainant for loss of his valuable articles, money etc. from the hotel of the OP3.

            For adopting unfair trade practice by the OPs 1 to 3 they are directed to pay a sum of Rs.30,000/-(Rupees Thirty thousand only) to Consumer Welfare Fund for not giving proper safety and security to the boarders at the time of their stay at Hotel Roofer Pearl, at New Digha (OP3).

            Further for causing mental pain, agony and loss and for not giving proper service and negligent manner of service OPs1 to 3 jointly and severally are directed to pay punitive damages of Rs.20,000/- to the complainant.

            OPs 1 to 3 are jointly and severally directed to pay the said amount within one month from the date of this order failing which a penal interest @Rs.500/- per day shall be assessed till full compliance of the Forum’s order and full satisfaction of the decree and if it is collected it shall be deposited to State Consumer Welfare Fund. 

            OPs1 to 3 are hereby directed to comply the order very strictly failing which penal action shall be taken against them u/s. 27 of the C.P. Act.

            But this present complaint be and the same is dismissed against OP4 without any cost.