Lawyer Rs 20000 Compensation Injury Luxury Shimla Property Road

g at the luxury property in Shimla, which she booked for five days for Rs 56,640.

A bench of president Amrinder Singh Sindhu and member B M Sharma held the hotel negligent for failing to provide promised transportation despite knowing the connecting road was unsafe due to ongoing construction, causing physical injury and mental agony.

“A hospitality service provider is under a legal obligation to ensure the safety and well-being of its guests. In the present case, the opposite parties were fully aware that the road connecting the apartment with the restaurant was unsafe due to ongoing construction activity. However, despite that, the promised transportation was not provided. The complainant was consequently compelled to use the hazardous route, resulting in injury to her foot,” the commission said on June 12.

The complainant, Priyanka Sud, an advocate, has booked a 2 BHK luxury apartment with breakfast at The Manor, Naldehra, Shimla, for the period from June 26, 2023, to June 30, 2023, for a total consideration of Rs 56,640. An advance amount of Rs 28,320 (50 per cent of the booking amount) was paid on May 19, 2023.

Upon checking into the property in Shimla on June 26, 2023, the complainant found that the road connecting the apartment to the restaurant of the opposite party, namely Boca Mario, was in a severely damaged, marshy, slippery and unsafe condition.

The staff informed the complainant that the unsafe condition was caused by the construction of a multi-level parking facility and assured that transportation would be provided to guests between the apartment and the restaurant.

According to the complainant, on June 29, 2023, she and her family reserved a fine dining experience at Boca Mario Restaurant, but despite repeated requests, the opposite party failed to arrange transportation as promised.

The complainant was informed that guests could not use their own vehicles due to ongoing road repairs and that only the hotel van could be used.

After considerable delay, the complainant reached the restaurant and paid a bill of Rs 3,776 for dinner. However, after the meal, the opposite party failed to provide transportation back to the apartment despite repeated requests and prolonged waiting.

She claimed that, left with no alternative, she and her family were compelled to walk back through the unsafe road at night, and during the walk, the complainant slipped on the marshy stretch of the road and sustained a serious injury to her right foot.

It was pleaded that the opposite party had represented that its service apartments are fully equipped with all amenities. However, the 200m road between the apartment and Boca Mario Restaurant was slippery, swampy and marshy, and the stretch of the road was not appropriate for use.

The complainant claimed that the property’s manager acknowledged the incident and issued a written apology via e-mail, also assured disciplinary action against the responsible staff member and offered a refund for the last night’s stay. However, no refund was ever provided.

The complainant claimed that due to the negligence and deficiency in service of the property, she suffered physical injury, mental agony, medical expenses, loss of professional work as an Advocate for over 20 days, and prolonged pain requiring physiotherapy and treatment.

This judgment reinforces that hospitality providers have a legal obligation to ensure guest safety and well-being. By awarding compensation for injuries sustained on hazardous premises, it holds luxury establishments accountable for negligence and deficiency in service, proving that safety promises must be upheld.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana contact: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.

Jagriti Rai works with The Indian Express, where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More