Shimla Hotel Ordered to Pay Rs 20,000 Compensation for Guest's Foot Injury

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NEW DELHI: A consumer commission in Chandigarh has ordered a luxury hospitality property in Shimla to pay Rs 20,000 compensation to a woman who suffered a foot injury after slipping on a damaged and marshy road connecting her apartment to the property's restaurant. The District Consumer Disputes Redressal Commission-II, Chandigarh, held that The Manor Luxury Service Apartments was negligent and failed to provide safe access and promised transportation to a guest despite being aware that the road was unsafe due to ongoing construction work.

What was the issue? Complainant Priyanka Sud, an advocate, had booked a two-bedroom luxury apartment at The Manor, Naldehra in Shimla, for a family stay from June 26 to June 30, 2023, for a total of Rs 56,640, paying a 50 per cent advance. According to the complaint, the road connecting the apartment complex to the restaurant, Boca Mario, was severely damaged, marshy, slippery and unsafe because of construction activity. The hotel staff allegedly assured guests that transportation would be provided between the apartment and the restaurant. On June 29, after having dinner at the restaurant, Sud and her family repeatedly asked for the transport back to their apartment. However, no vehicle was arranged. Left with no option, they walked back through the road at night. During the walk, Sud slipped on the muddy stretch and injured her right foot. She later underwent medical treatment. The property's front office manager subsequently sent an email apologising for the incident and promised disciplinary action against the staff responsible and offering a refund for her last night's stay — but no refund was ever paid. She sent a legal notice on October 16, 2023, which went unanswered, before filing the complaint seeking a full refund of Rs 56,640 along with compensation for her injury, mental agony and litigation costs.

What did the commission say? The Bench comprising President Amrinder Singh Sidhu and Member B M Sharma held that the hotel did not contest the case and was proceeded against ex parte. After examining the evidence, the commission said the material on record clearly showed that the road connecting the apartments and the restaurant was damaged, slippery and unsafe because of ongoing construction work. It also found that the promised transportation was not provided despite repeated requests by the complainant. "A hospitality service provider is under a legal obligation to ensure the safety and well-being of its guests," the commission observed. The commission also said that the apology email sent by the manager further supported the complainant's case. "The e-mail dated 03.07.2023 issued by the Front Office Manager of the OPs acknowledging the incident and tendering an apology further substantiates the complainant's allegations regarding negligence and deficiency in service." "The complainant was consequently compelled to use the hazardous route, resulting in injury to her foot. The negligence of the OPs is therefore apparent from the record," it further added. While refusing to order a refund of the accommodation charges because the complainant had stayed at the property and used its facilities, the commission held that she deserved compensation for the injury and suffering caused by the incident. The commission therefore directed the property to pay a lump-sum compensation of Rs 20,000 within 45 days, failing which the amount will carry 6 per cent annual interest until payment.

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