NCDRC Holds Yatri Hotel Liable For Service Deficiency In Fire Incident Resulting In Fatality

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held that the hotel's failure to manage the fire outbreak, leading to fatalities, constitutes negligence and a deficiency in service. Brief Facts of the Case The complainant's son, a government school teacher, stayed at Yatri Hotel where an electric malfunction on the first floor was reported but allegedly ignored by the hotel staff. Later that night, a fire broke out, tragically causing the son's death. The complainant filed a complaint before the State Commission of West Bengal, citing that there was deficiency in service by the hotel/opposite party which allowed the complaint. It directed the hotel to pay as. 33,18,064 and Rs. 10,000 as litigation cost. Aggrieved, the hotel appealed to the National Commission. Contentions of the Hotel The hotel argued that the incident was accidental, which occurred late at night when the guests collectively tried to exit. It emphasized that it had obtained all necessary licenses and certifications from government authorities after proper inspections. The hotel contended that the State Commission erred by relying solely on the chargesheet, which is merely the investigating officer's opinion in a criminal case and not conclusive evidence, citing a Supreme Court decision in Rajesh Yadav & Anr. vs State of UP. Additionally, the hotel pointed to evidence of alcohol consumption by the deceased, arguing that the case involved complex facts which were unsustainable for proceedings under the Consumer Protection Act. Observations by the National Commission The National Commission observed that the complainant's son and his friend died in a hotel fire, with post-mortem examinations showing that the cause was severe burns. The Commission highlighted that although a chargesheet is not a definitive proof of guilt, it can still guide judgements in civil issues and rejected the hotel's claim of using the chargesheet to be irregular. Additionally, the chargesheet showed that, in spite of prior certificates of conformity, the hotel's fire safety equipment was either non-functional or insufficient at the time of the event, which was corroborated by reports from the fire and electrical authorities. The hotel's negligence was further highlighted by its neglect to fix an electrical problem that was already discovered hours before to the incident. Citing clear evidence of negligence and deficiency in service, the Commission upheld the State Commission's order and dismissed the appeal. Case Title: Yatri Hotel & Anr. Vs. Arjun Kami Case Number: F.A. No. 468/2022 Click Here To Read/Download The Order

NCDRC Holds Yatri Hotel Liable For Service Deficiency In Fire Incident Resulting In Fatality

Ayushi Rani

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