Theft: Negligence of service plaint against hotel dismissed

An act of theft cannot be termed as deficiency in service. The District Consumer Disputes Redressal Commission here while observing this has dismissed a complaint filed against Hotel Mountview, Chandigarh, by a Gurugram resident after her valuables worth over Rs 6 lakh were allegedly stolen from their hotel room during a marriage function.

Swati Chatterjee in the complaint filed before the commission said that her relative had booked five rooms for his daughter’s marriage. For the wedding ceremony, she and her husband checked into the hotel on May 19, 2022. She claimed that she had asked for a locker to keep her jewellery, but the hotel could not provide the same.

The wedding ceremony was held on May 21, 2022. The festivities went on till late in the night and she returned to her room with her husband at around 2.15 am. The next day when she started packing, she noticed that her jewellery was missing from a bag.

She complained to the hotel management and CCTV footage was checked.

In the footage, a man wearing clothes similar to that of the hotel staff had approached the reception of the hotel and took a duplicate magnetic key card and then entered the room. After some time he came out from the room with a bag in his hands.

A police complaint was also filed. She said that the articles which were lost in the theft were two gold sets, a pair of gold earrings, one men’s gold ring and Rs1.30 lakh. She claimed the total amount of the theft was Rs 6.80 lakh. She said that the hotel management refused to compensate her as their insurer refused to pay the claim amount.

On the other hand, the hotel manager and CITCO said the complainant never asked for a locker . They said that the person had approached the receptionist with the correct details of the room of the complainant and introduced himself as their guest.

The alleged person had asked for a duplicate magnetic key on the plea that he had left his key inside the room. The receptionist verified the details of the room and found the same to be correct. So, the receptionist issued the duplicate magnetic key to the person as per protocol.

After hearing the arguments the commission while relying on a judgment of the apex court said that an act of theft could not be termed as deficiency in service. Therefore, the complaint is not maintainable and liable to be dismissed against the hotel management, it added.