HOTEL HYATT REGENCY Vs. ATUL VIRMANI

JUDGEMENT

(1.) THE issue involved in this case is if the keys of the car given by the customer of a Five Star Hotel for parking to the uniformed valet of the hotel is stolen whether the Five Star Hotel is responsible for making good the loss to the consumer.

(2.) MR. Atul Virmani came to Delhi by his Maruti Gypsy, which he had purchased from M/s Rohan Motors, Dehradun for Rs. 2,86,395. It is the say of the complainant that accessories worth Rs. 50,000/- were installed in the said vehicle which was insured against third party claim but the peril of theft was not included in the policy.

(3.) THE case of the complainant is that on 18. 9. 1996 at about 11. 15 p. m. he visited the Hyatt Regency (the Hotel) by paying a fee of Rs. 900/ -. According to the complainant this fee included the entrance fee as well as for the safe parking of the vehicle. On arrival at the hotel the representative of the hotel demanded the key of the vehicle for parking the vehicle at the parking lot in safe custody. Therefore, the complainant delivered the possession of the vehicle to the representative of the hotel who drove the car to the parking lot. The valet had issued a docket as receipt for delivery of the vehicle to the complainant which he had to produce while checking out of the hotel. When the complainant came out of the hotel at 1. 40 a. m. on 19. 9. 1996 and presented the docket to the valet who had the key of the car, the latter informed him after half an hour that the car of the complainant was missing from the parking place. The hotel staff also informed that the vehicle of the complainant was permitted to go from the parking place between 12. 20 a. m. to 12. 40 a. m. on 19. 9. 1996 and there is an entry in the register regarding the checking in and checking out of the vehicle. The hotel staff called the police and a report was dictated by the staff of the hotel and was signed by the complainant. According to complainant vehicle contained Rs. 2,500/- in cash apart from the driving licence of the complainant.