MOHAN M.SHANTANAGOUDAR, J. - (1.) Leave granted.
(2.) This appeal, by special leave, arises out of judgment dated 05.02.2018 passed by the National Consumer Disputes Redressal Commission ('National Commission') dismissing the appeal against order dated 29.01.2016 passed by the State Consumer Disputes Redressal Commission ('State Commission'), New Delhi
(3.) The following are the facts out of which this appeal arises: 3.1. On the night of 01.08.1998, at around 11 p.m., Respondent No. 2 herein (Complainant No. 2) visited the Appellant-hotel in his Maruti Zen car. While the car was insured with Respondent No. 1 herein (Complainant No. 1), the Appellant-hotel had taken a non- industrial risk insurance/liability policy from Respondent No. 3. Upon reaching the hotel, Respondent No. 2 handed over his car and its keys to the hotel valet for parking, and then went inside the hotel. The parking tag handed over to him read inter alia: "IMPORTANT CONDITION: This vehicle is being parked at the request of the guest at his own risk and responsibility in or outside the Hotel premises. In the event of any loss, theft or damage, the management shall not be held responsible for the same and the guest shall have no claim whatsoever against the management." When Respondent No. 2 came out of the hotel at about 1 a.m., he was informed that his vehicle had been driven away by another person. Upon enquiry with the security officer, he found that three young boys had come to the hotel in their separate car, parked it, and gone inside the hotel. After some time, they came out and asked the valet to bring their car to the porch. During this process, one of the boys, one Deepak, picked up the keys of the car of Respondent No. 2 from the desk, went to the car parking, and stole the Maruti Zen car. Though the security guard tried to stop him, he sped away. A complaint was lodged with the police, but the car remained untraced. 3.2. Respondent No. 1 (car insurer) settled the insurance claim raised by Respondent No. 2 (car owner) in respect of the stolen car for Rs. 2,80,000. Thereafter, Respondent No. 2 executed a Power of Attorney ('POA') and a letter of subrogation in favour of Respondent No. 1. They both then approached the State Commission by filing a complaint against the Appellant-Hotel seeking payment of the value of the car and compensation for deficiency in service. 3.3. Relying upon this Court's decision in Oberoi Forwarding Agency v. New India Assurance Company Limited, (2000) 1 SCR 554 the State Commission dismissed the complaint on the ground that an insurance company acting as a subrogee cannot qualify as a 'consumer'. Hence, Respondent No. 1 filed an appeal before the National Commission. 3.4. Notably, Oberoi was partly overruled by a subsequent decision of a Constitution Bench of this Court in Economic Transport Organisation v. Charan Spinning Mills (Pvt.) Ltd., (2010) 4 SCC 114 In light of this change in law, by order dated 20.09.2010, the National Commission in appeal remanded the complaint back to the State Commission, observing that Respondent No. 1 (car insurer) had locus standi to file the complaint. 3.5. Deciding on merits, the State Commission relied on the decisions of the National Commission in Bombay Brazzerie v. Mulchand Agarwal, (2002) NCDRC 42 and B. Dutta, Senior Advocate v. Management of State, (2010) 1 CPC 319 to hold that laws of bailment apply when a customer pays to park his car in a parking lot and it is then stolen or damaged. It was noted that the price paid for food consumed in the hotel would include consideration for a contract of bailment from the consumer (bailor) to the hotel (bailee). Applying this to the facts of this case, the State Commission observed that though the Appellant-hotel had averred that Respondent No. 2 had not had dinner at the hotel that night, it was improbable for him to have stayed inside the hotel from 11 p.m. to 1 a.m. without consuming any food or snacks or paying any kind of bill. Hence, the State Commission proceeded on the assumption that Respondent No. 2 had paid consideration for the contract. In light of this, the State Commission allowed the complaint and directed the Appellant-hotel to pay Respondent No. 1 a sum of Rs. 2,80,000 (the value of the car) with interest at 12% per annum and Rs. 50,000 as litigation costs. In addition to this, it directed payment of Rs. 1,00,000 to Respondent No. 2 for inconvenience and harassment faced by him. The State Commission also held that Respondent No. 3 (insurer of the hotel) would not be liable to indemnify the loss caused to the Appellant- hotel, as the theft of the car had not been notified to it within due time. 3.6. Appeal filed against this order by the Appellant herein was disposed of vide the impugned judgment. On the question of locus standi of Respondent No. 1 (subrogee) to file the complaint, the National Commission observed that its earlier order dated 20.09.2010 (supra) had not been challenged, and had consequently attained finality. Hence, it was held that the Appellant could not argue that Respondent No. 1 (car insurer) did not have locus standi. The National Commission further applied the principle of infra hospitium (Latin for 'within the hotel') and observed that common law has historically imposed strict liability on a hotel for the loss of a guest's property if the guest and the property were within the hotel premises. It was noted that once the guest presents the car keys to the valet and possession of the car is transferred from the guest to the hotel, a relationship of bailment is established. Relying on various decisions by foreign Courts on strict liability for property kept infra hospitium, the National Commission held that the liability of a hotel cannot be precluded by a printed notice on the parking tag disclaiming liability. Consequently, the appeal against the order of the State Commission was dismissed, although the interest awarded was modified from 12% per annum to 9% per annum. Hence, the present appeal. ;