NAGAR MAL SHARMA Vs. PROPRIETOR, HOTEL CHANDRA MAHAL

JUDGEMENT

(1.) This revision is directed against the order dated 21.12.2005 of Consumer Disputes Redressal Commission Rajasthan, Jaipur allowing appeal against the order dated 22.4.1997 of a District Forum and dismissing the complaint. The District Forum had allowed the complaint with direction to the respondent to pay Rs. 4,500 by way of compensation for mental agony etc. and Rs. 500 as cost to the petitioner. Direction was also given to the Home Secretary and Director General of Police, Rajasthan to enquire into the incident and submit the report of enquiry with the Forum within three months.

(2.) Facts giving rise to this revision lie in a narrow compass. Petitioner complainant alleged that on 19.10.1996 along with Sunita, daughters daughter, he left Narnaul for Kota in the afternoon after finishing the court work. He carried with him cash of Rs. 26,000 to pay the debts incurred by his son and bring his daughter -in -law who had delivered a child about a month back, to Narnaul. Due to fatigue in journey, he decided to stay in the night at Jaipur. It was stated that the petitioner hired room No. 211 in the respondents Hotel Chandramahal. He paid Rs. 200 by way of charges vide receipt No. 19359 dated 19.10.1996 at the counter of the hotel. For taking out that amount the petitioner had opened the suit -case and the person sitting at the counter had seen the money kept therein. It was further alleged that around 12 Oclock in the night, two persons started knocking at the door of said room No.211 and on opening the door, those persons dragged him out and taken to the counter of hotel on the ground floor. He was accused of kidnapping Sunita and made to sit there. After sometime two persons in police uniform -one of the rank of Inspector and another of the rank of Sub -Inspector came there. After making inquiry for about 45 minutes, they left the hotel. Thereafter, on reaching the said room on second floor along with Sunita, the petitioner opened his suit case to take out towel and then he found that Rs. 12,600 were missing therefrom. Both the persons who had earlier knocked the door, entered the room and ordered him to leave the hotel immediately. They threatened to beat him. Petitioner was having 26 currency notes of the denomination of 500 each in his pocket at that time. Apprehending that those persons may snatch that money, the petitioner vacated the room and took a rickshaw and reached the bus stand. There, Sunita felt unwell and drowsy. So, he went to Vikram Hotel near the bus stand around 2.00 a.m. and both of them stayed there in the night. It was pleaded that onward journey to Kota was cancelled and the petitioner along with Sunita came back to Narnaul. It was the duty of respondent to have ensured safety of the petitioner and his luggage. On 22.10.1996, the petitioner sent complaints by post to the Superintendent of Police, District Magistrate as also Inspector General of Police, Rajasthan, Jaipur. District Bar Association, Narnaul also sent a complaint for initiating action against the culprits. Alleging deficiency in service, direction was sought to be issued for payment of compensation of Rs. 1,00,000 towards mental agony, refund of Rs. 400 paid as room rent, return of Rs. 12,600, payments of Rs. 85 and Rs. 200 paid to Vikaram Hotel beside the cost by the respondent.

(3.) Despite sufficient opportunity being given, the respondent did not file the written version before the District Forum.