KOKA NAGA TRINADH Vs. GONIMADATHALA CHANDRA LAKSHMI

JUDGEMENT

(1.) The present Revision Petition (RP) has been filed by the Petitioner against Respondents as detailed above, under Sec. 21 (b) of Consumer Protection Act 1986, against the order dtd. 27/7/2016 of the State Consumer Disputes Redressal Commission Andhra Pradesh (hereinafter referred to as the 'State Commission'), in First Appeal (FA) No.368/2014 in which order dtd. 20/6/2014 of East Godavari District Consumer Disputes Redressal Forum (hereinafter referred to as District Forum) in Consumer Complaint (CC) no. 30 of 2012 was challenged, inter alia praying for setting aside the order dtd. 27/7/2016 of the State Commission.

(2.) While the Revision Petitioner (hereinafter also referred to as OP) was Appellant before the State Commission and OP before the District Forum, the Respondents (hereinafter also referred to as Complainants) were Respondents before the State Commission and Complainants before the District Forum. Notice was issued to the Respondents on 11/1/2017. Both the parties filed Written Arguments/Synopsis on 6/3/2018.

(3.) Brief facts of the case, as emerged from the RP, Order of the State Commission, Order of the District Forum and other case records are that Seetharamaiah, husband of complainant no.1, namely, Gonimadathala Chandra Lakshi and father of complainant no.2 and 3, namely, Gonimadathala Srinivasa Harsha and Gonimadathala Vineela died a homicidal death on 3/5/2010 while staying at room no.7 of Koka's lodge ( Hotel), Market Stree, Amalapuram, East Godavari District belonging to OP. The material on record viz. exhibits, inquest report, final police report and case diary of police showed that deceased occupied room no.7 in the lodge at about 7.30 p.m. on 3/5/2010 by paying Rs.100.00 as rent. His dead body was found in pool of blood in the bathroom of the lodge with bleeding injuries on his head and other parts of the body. According to FIR given by the OP, the deceased, after occupying the room, procured food and liquor through a room boy, namely, Srinivas and consumed it in his company and auto driver, namely, Jaya Bharghava. The auto driver left the hotel at about 9.00 p.m. The room boy came out of the room at about 12.00 mid night. At about 1.00 a.m. the room boy Srinivas woke Kalla Suri Babu who was at reception and asked him to wake up the deceased at 4.00 a.m. as he wanted to go to Vijaywada. The receptionist Kalla Suri Babu went to the room to wake up the deceased at 4.00 a.m. and found the door open. He found the dead body in the bathroom with bleeding injuries. The OP came to know of this incident on the information given by the hotel clerk Rama Krishna. He accordingly lodged the FIR with the police. The police took up the investigation pursuant to the FIR and conducted inquest proceedings. After conducting detailed investigation, the police found that deceased checked into the hotel at about 7.30 p.m. At that time, he had cash of Rs.14,000.00 with him which he had received as his share in the sale proceeds of a house and the same was missing from him. The police filed final report concluding that room boy Srinivas alone could have committed the murder as he was the last person who was with deceased till midnight and there was no possibility of anybody else to commit the crime. According to the complainant, it is the duty of the OP to look after and safeguard the life of the customers during their stay in the lodge. The Complainant, therefore, filed CC before the District Forum claiming compensation for death alleging deficiency in service. The District Forum vide order dtd. 20/6/2014 partly allowed the complaint directing the OP to pay compensation of Rs.6,72,000.00 along with cost of Rs.2000.00. Being aggrieved, the OP filed an Appeal before the State Commission and State Commission vide order dtd. 27/7/2016 dismissed the appeal of the OP. Hence, the OP is before this Commission now in the present RP.