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november 2019

Supreme Court of India · 2019-11-14

TAJ MAHAL HOTEL vs UNITED INDIA INSURANCE CO.LTD.

Citation / case number
SC 2018/15431
Court
Supreme Court of India
Petitioner
TAJ MAHAL HOTEL
Respondent
UNITED INDIA INSURANCE CO.LTD.
Author
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
Bench
HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR

Judgment text excerpt

The Supreme Court upheld the decision of the National Consumer Disputes Redressal Commission, affirming that a hotel can be held liable for the theft of a vehicle parked by a guest under a bailment contract. The Court referenced the principles established in Economic Transport Organisation v. Charan Spinning Mills (Pvt.) Ltd. and clarified that the insurer, as a subrogee, has the standing to file a complaint against the hotel for deficiency in service under the Consumer Protection Act. The Court emphasized that the hotel’s disclaimer of liability does not absolve it from responsibility when a vehicle is parked at its premises for a fee.

TAJ MAHAL HOTEL vs UNITED INDIA INSURANCE CO.LTD. · Niyam