Lawyer suffers ‘injury’ at luxury Shimla property due to unsafe road, wins Rs 20,000 payout

‘Compelled to walk through unsafe road at night’

• The opposite parties did not appear to contest the claim of the complainant and preferred to proceed ex parte. This act of the opposite party draws an adverse inference against them.
• The non-appearance shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.

• It stands established that the road connecting the luxury apartment premises with Boca Mario Restaurant was in a damaged, slippery and unsafe condition due to ongoing construction activity.
• The complainant and her family were compelled to walk through the unsafe stretch of road at night, during which the complainant slipped and sustained injury to her right foot.
• The complainant has also placed on record a medical document showing treatment for the injury suffered due to the fall.
• The complainant and her family stayed in the booked accommodation during the period for which the reservation had been made and availed the accommodation facilities provided by the opposite party.
• Therefore, a refund of the entire consideration paid for the stay would not be justified.

A tale of luxury apartment in Shimla

The complainant, Priyanka Sud, an advocate, has booked a 2 BHK luxury apartment with breakfast at The Manor, Naldehra, Shimla, for the period from June 26, 2023, to June 30, 2023, for a total consideration of Rs 56,640. An advance amount of Rs 28,320 (50 per cent of the booking amount) was paid on May 19, 2023.

Upon checking into the property in Shimla on June 26, 2023, the complainant found that the road connecting the apartment to the restaurant of the opposite party, namely Boca Mario, was in a severely damaged, marshy, slippery and unsafe condition.

The staff informed the complainant that the unsafe condition was caused by the construction of a multi-level parking facility and assured that transportation would be provided to guests between the apartment and the restaurant.

According to the complainant, on June 29, 2023, she and her family reserved a fine dining experience at Boca Mario Restaurant, but despite repeated requests, the opposite party failed to arrange transportation as promised.

The complainant was informed that guests could not use their own vehicles due to ongoing road repairs and that only the hotel van could be used.

Manager issued apology, but never proceeded refund

After considerable delay, the complainant reached the restaurant and paid a bill of Rs 3,776 for dinner. However, after the meal, the opposite party failed to provide transportation back to the apartment despite repeated requests and prolonged waiting.

She claimed that, left with no alternative, she and her family were compelled to walk back through the unsafe road at night, and during the walk, the complainant slipped on the marshy stretch of the road and sustained a serious injury to her right foot.

It was pleaded that the opposite party had represented that its service apartments are fully equipped with all amenities. However, the 200m road between the apartment and Boca Mario Restaurant was slippery, swampy and marshy, and the stretch of the road was not appropriate for use.

The complainant claimed that the property’s manager acknowledged the incident and issued a written apology via e-mail, also assured disciplinary action against the responsible staff member and offered a refund for the last night’s stay. However, no refund was ever provided.

The complainant claimed that due to the negligence and deficiency in service of the property, she suffered physical injury, mental agony, medical expenses, loss of professional work as an Advocate for over 20 days, and prolonged pain requiring physiotherapy and treatment.

Significance

This judgment reinforces that hospitality providers have a legal obligation to ensure guest safety and well-being. By awarding compensation for injuries sustained on hazardous premises, it holds luxury establishments accountable for negligence and deficiency in service, proving that safety promises must be upheld.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana contact: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.