Hotel Liable For Guest's Injury Caused By Unsafe Premises, Hospitality Providers Must Ensure Guests' Safety: Chandigarh Consumer Commission
The District Consumer Disputes Redressal Commission, Chandigarh, comprising Amrinder Singh Sidhu (President) and Brij Mohan Sharma (Member), held Manor Luxury Service Apartments liable for deficiency in service after the complainant slipped and sustained a foot injury due to unsafe conditions on the premises. The Commission partially allowed the complaint and observed that a hospitality service provider is legally obligated to ensure the safety and well-being of its guests.
Brief Facts
Priyanka Sud, the complainant, booked a 2-BHK luxury apartment with The Manor Luxury Service Apartments, Naldehra, Shimla (Opposite Party), for a stay from 26-06-2023 to 30-06-2023. The total booking amount was Rs. 56,640/-, out of which she paid an advance of Rs. 28,320/-.
After checking in, the complainant discovered that the 200-meter stretch connecting her apartment to the property's restaurant, Boca Mario, was severely damaged due to the ongoing construction of a multi-level parking facility. The road was marshy, slippery, and unsafe for pedestrians. The hotel staff assured her that transportation would be arranged to transport guests between the apartment and the restaurant.
On the evening of 29-06-2023, the complainant and her family went to Boca Mario for dinner. After the meal, despite repeated requests and a prolonged wait, the hotel failed to provide the promised transportation back to their apartment. As guests were not permitted to use their personal vehicles on the damaged road, the family had no option but to walk back through the unsafe stretch at night. While walking, the complainant slipped on a marshy portion of the road and sustained a serious injury to her right foot. She subsequently underwent medical treatment and physiotherapy and was unable to attend her professional work as an Advocate for more than 20 days.
On 03-07-2023, the hotel's Front Office Manager sent the complainant a written apology via email, acknowledging the incident, assuring her that disciplinary action would be taken against the staff responsible, and offering a refund for the final night's stay. However, the Opposite Party failed to honour the promised refund. After the hotel failed to respond to a legal notice issued on 16-10-2023, the complainant filed a consumer complaint before the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, seeking a full refund, compensation for the injury and the resulting losses, and litigation costs.
Although duly served with notice, the Opposite Party neither appeared before the Commission nor contested the proceedings. Accordingly, it was proceeded against ex parte.
Observations of the Commission
The District Consumer Commission held that a hospitality service provider is under a legal obligation to ensure the safety and well-being of its guests. It observed that, since the hotel management had prior knowledge of the unsafe condition of the road but failed to take adequate measures by providing the promised transportation, its conduct amounted to negligence.
The Commission noted that the road connecting the complainant's rented apartment to the restaurant was damaged, slippery, and unsafe due to the ongoing construction of a multi-level parking facility. It further observed that the apology email from the hotel's Front Office Manager substantiated the complainant's allegations of negligence and deficiency in service, as the hotel acknowledged the incident, expressed regret, and assured that disciplinary action would be taken against the staff responsible. It held the Opposite Party liable for negligence and deficiency in service, observing that despite being aware of the dangerous conditions, the hotel failed to provide the promised transportation despite repeated requests, forcing the complainant and her family to walk along the unsafe road at night, during which the complainant sustained the injury.
Accordingly, the Commission partly allowed the complaint and awarded a lump sum compensation of Rs. 20,000 for the injury, directing the Opposite Party to pay the amount within 45 days.
Case Title : PRIYANKA SUD vs THE MANOR LUXURY SERVICE APARTMENTS
Case No : CC NO. DC/AB1/44/CC/241/2025