C. VENUPRASAD Vs. NARANGS INTERNATIONAL HOTEL PVT. LTD

JUDGEMENT

(1.) Failure of proper upkeep and maintenance of the lifts in the Ambassador Hotel, Mumbai, owned and managed by M/s Narangs International Hotel Pvt. Ltd. is at the center of controversy in these two complaints. In OP No. 179 of 1994, complainants no. 1 to 10 were guests of the hotel. Their twofold allegations are that during the stay of complainants no. 1 to 9 in the Ambassador Hotel, on the 28th of February, 1994 there was a breakdown of power supply from 0030 hours till 0645 hours without any alternate arrangement of back up power supply, as a result of which they had to pass through a harrowing time and had to spend a restless night. As if this was not enough, on the same day while travelling in the lift from the lobby to the revolving restaurant on the 12th floor, complainants no. 2, 3, 5, 6, 7 and 10 got stuck/trapped midway between the 11th and 12th floor for two and a half hours, which was traumatic and the rescue operation was harrowing. Alleging gross deficiency in service, those who were trapped inside the lift and their relatives who were anxiously waiting outside and watching the sluggish rescue operation have filed OP No. 179 of 1994 seeking compensation of Rs.43,00,000/- from the OP Hotel.

(2.) Since the alleged deficiency primarily centered around the failure of the lift, the hotel in turn has filed OP No. 2 of 1996 against the OTIS Elevator Co. (India) Ltd., who had installed the lifts and had been entrusted with the task of maintenance on payment of consideration. Thus, while the ten guests of the hotel, target the hotel for the gross deficiency in service and have claimed damages/compensation, the hotel by filing OP No. 2 of 1996 has tried to pass on the blame/deficiency to the OTIS Elevator Company (India) Ltd. Thus, these two complaints are closely linked and, therefore, we proceed to decide them by this common order.

(3.) Facts of the case are that in OP No. 179 of 1994, complainants no. 1 to 9 while on a visit to Mumbai in connection with a wedding in the family of a common friend were lodged in the Ambassador Hotel during the last week of February, 1994. While staying there, on the 28th of February, 1994 there was a breakdown of power supply from 0030 hours to 0645 hours. There being no alternate back up power arrangement, all of them had to spend restless night and complainant no. 2 had an attack of asthma as a result thereof. The matter was brought to the notice of the management, including in writing. However, what precipitated the indignation was what followed the same day i.e. on 28th of February, 1994. At 1230 hours complainants no. 2, 3, 5, 6, 7 and 10 got into the lift at the lobby level to go for lunch in the revolving restaurant on the 12th floor. The lift moved up for a while and came to an abrupt halt with a jerk between the 11th and 12th floor entrapping all of them. Attempt by the opposite party hotel to rescue the entrapped lift passengers was not only belated but very crude and it took two and a half hours for them to be taken out of the cabin of the lift by physically pulling them out one after the other through a hole which was made by ripping open/cutting the iron grill at the top of the cabin. The process involved a constant hammering of the iron grills/parts resulting in the glass panels inside the lift breaking into pieces falling on those entrapped. The atmosphere was intensely claustrophobic and abhorrent. Alleging that the two and a half hours of agony and trauma was as a result of gross deficiency in service, the complainants have filed OP No. 179 of 1994 seeking the following reliefs:- <FRM>JUDGEMENT_658_NCDRC_2012_1.html</FRM>