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.