DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 27th day April, 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of filing 11/07/2022
CC/125/2022
Anjali Vinod
Cholakkara House, South Panamanna
Ottapalam - 679 501 - Complainant
(Party in person)
Vs
Teanest Hotel
Conoor, Plot No: 1
Singara Estate Road, Alwarpet
Coonoor, Tamil Nadu – 643 001 - Opposite party
(By Adv. K.V.Gopesh)
O R D E R
By Sri.Krishnankutty.N.K., Member.
1. Pleadings of the Complainant
The complainant along with her husband stayed in the opposite party hotel for 3 days from 19/04/2022 to 22/04/2022. After 4 days of checkout, she developed itching and red spots on the skin, all over her body. When consulted a doctor it was informed she has been infected with ‘Scabies’. Her allegation is that the infection has been caused due to the presence of insects and eggs in the bed of the Hotel room. She had to undergo treatment in various Hospitals for curing the disease spending about Rs. 15,000/- and had to resign her job. Hence she approached this Commission seeking a compensation of Rs. 2,00,000/-
2. Notice was issued to the opposite party. They entered appearance and filed version denying the allegation. According to them their hotel is one of the units run by Nature Resorts & Spa India Pvt. Ltd. having 4 well reputed hotels in Nilgiri District itself. They are running this business since 2004 and the Teanest Hotel since 2011 and known for their hospitality, cleanliness, food and other facilities. They have entrusted the pest evacuation and control to an authorised agency and pest control treatment is done on a fortnightly basis. Blankets and bed sheet are replaced every day and washed in hot water. Hence the infection should not have been caused from the hotel.
3. Issues involved in this case are
- Whether the complainant had proved that her skin infection is due to stay in opposite party’s hotel?
- Whether there is any deficiency in service/unfair trade practice on the part of the opposite party?
- Whether the complainant is entitled to the reliefs claimed?
- Reliefs if any as cost and compensation.
4. Eventhough complainant was directed to file proof affidavit, the complainant has not filed proof affidavit or marked any documents as evidence. Further complainant has been continuously absent during the proceedings of the case. Hence the case is taken for orders based on merits.
5. Issues 1 to 3
In the absence of proof affidavit or any document marked as evidence in the case, the complainant has failed in proving any deficiency in service or unfair trade practice on the part of the opposite party. In the above circumstances the complaint is dismissed as one lacking in merit.
6. Issue No: 4
As the complainant failed to prove a prima facie case against the opposite party, she is not entitled to any reliefs.
Pronounced in open court on this the 27th day of April, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
Appendix
Documents marked from the side of the Complainant: Nil
Documents marked from the side of opposite party: Nil
Witness examined: Nil
Cost: Nil
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
