write down a case study with its judgement on any one of the consumer right
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Answer:
Subject: Hotel liable for injury suffered by the guest due to defect designing of rooms.
Backdrop: Here is a unique landmark judgement, where a five star hotel has been held liable to compensate its guest for the injury suffered due to faulty designing of its room.
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Case Study: For accommodating the invitees to his wedding in Goa, Siddhartha Bhimrajka had booked several rooms in Park Hyatt Goa Resort & Spa, a five-star hotel belonging to Blue Coast Hotels and Resorts.
Amongst the invitees were Vinay Rajpal, a 29-year-old businessman and his wife Ravina. On their arrival on July 7, 2005, the Rajpals were welcomed by the hotel staff and escorted to room no. 321 on the ground floor. The Rajpals found the room to be nice and pleasant, but the bathroom appeared to be peculiar. However, they did not say anything and accepted the room allotted to them.
On July 9, the day of the wedding, the Rajpals attended a pool-side lunch party. Even though alcohol was served, they did not consume it. After returning to their room, they decided to take a shower. The bathroom had three steps to go down to the bathing area and there was a handle bar to the right. On the second step, Vinay Rajpal slipped badly and fell on his face with great force, resulting in fractures of the right mandible and left side of ramus.
Vinay was taken to Apollo Victor Hospital, where he was administered first aid. After contacting doctors in Mumbai, he was flown by a chartered flight of Air Ambulance Service and admitted to Jaslok Hospital in Mumbai. He was operated upon the following day and discharged on July 16. However, his mouth was kept closed upto July 19 and he was unable to do his normal duties for a period of one year.
Vinay had sent a legal notice to the hotel for compensation, followed up with reminders. The hotel’s insurers responded, contesting the claim and denying any negligence on the part of the hotel.
In September 2007, Vinay filed a consumer complaint before the Goa state commission claiming a compensation of Rs 30 lakhs. He claimed that he had suffered fractures due to a fall because the design of the bathroom was faulty and the housekeeping personnel had failed to maintain it properly.
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Answer:
In the case, the Appellant insured his truck with the Respondent. The Appellant’s vehicle was stolen and consequently, an FIR was also lodged. The theft of the vehicle had taken place on 23.03.2010, the FIR was lodged on 24.03.2010 and the claim petition with the Respondent company was filed on 31.03.2010. On lodging the insurance claim, the Investigator appointed by the Respondent confirmed the factum of theft and consequently, the Corporate Claims Manager approved an amount of Rs.7,85,000/- for the said claim of the appellant.
Thereafter, the Appellant made several requests to the respondent, seeking speedy processing and disposal of his insurance claim. However, on non-payment the Appellant served a legal notice to the Respondent but the Respondent repudiated the Appellant’s insurance claim citing breach of condition of terms of Insurance by the Appellant. The impugned term being- i.e. immediate information to the Insurer about the loss/theft of the vehicle.