A consumer commission in Chandigarh has mandated a hotel and its service provider to compensate a 70-year-old customer with Rs 32,899 following an incident where the guest slipped in the hotel bathroom, leading to medical expenses.

The commission, led by President Pawanjit Singh and member Brij Mohan Sharma, determined that the defendants did not uphold a safe environment in the bathroom, which constitutes a failure in service provision.

The commission’s ruling stated, “Without any counterarguments from the defendants, and based on the evidence presented, we conclude that they did not keep the bathroom in a reasonably safe condition for their guest. This negligence is classified as a deficiency in service.”

The complainant, a platinum member of the hotel group’s dining club since 2019, reported that he utilized a complimentary one-night stay at their Delhi hotel. He claimed he slipped in his room’s bathroom due to soap and water, which he attributed to a leak from the air-conditioning unit. He described experiencing significant lower-back pain, which left him incapacitated and forced him to crawl out of the bathroom to request assistance from room service. Hotel staff later addressed the spillage using towels, according to his account.

Following the incident, the hotel’s physician assessed the complainant, prescribed medication, and referred him to a local hospital. The complainant later underwent various diagnostic tests, consultations, and physiotherapy over subsequent months, stating that he continued to endure lower-back pain. He requested reimbursement of Rs 28,899 for medical expenses, diagnostic tests, medications, and physiotherapy, in addition to compensation for emotional distress and inconvenience.

The commission proceeded to hear the case without the presence of the defendants, who did not appear before it.

The commission acknowledged that the complainant provided evidence including a photograph of the bathroom, medical prescriptions, bills, diagnostic reports, and other documentation validating his treatment and physiotherapy following the incident. They confirmed that the medical expenses totaling Rs 25,899 were substantiated by corresponding receipts and invoices.

The commission noted that the evidence presented by the complainant remained unchallenged, as the defendants did not contest the claims. “The condition of the bathroom, combined with the complainant’s immediate notification of hotel staff and subsequent medical assistance from the hotel physician, confirms the occurrence of the incident. The medical records further validate the complainant’s account regarding his pain and treatment,” the commission remarked.

Finding the defendants responsible for a deficiency in service, the commission ordered them to pay Rs 25,899 for medical expenses and an additional Rs 7,000 for compensation related to mental distress and litigation costs.

Under consumer protection laws, hotels and service providers may be held accountable if they fail to ensure the safety of their premises for guests. Consumers seeking compensation must provide supporting documentation, such as bills or receipts, for medical and other related expenses.

Individuals with consumer-related issues can reach out to their local consumer helpline or contact the National Consumer Helpline at 1915 for assistance. In Chandigarh, the helpline can be reached at 0172-270-0183.

Ashish Shaji, a Senior Sub-Editor for The Indian Express (Digital), specializes in legal journalism. With a background in law and extensive editorial experience, he covers significant court developments and major cases for the publication.

Ashish holds a BA LLB from IME Law College, CCSU, and his work aims to clarify complex legal proceedings for a broader audience. He also manages live updates from the Supreme Court and various High Courts.

With over five years of experience, Ashish has contributed to various specialized legal platforms, refining his skills in conveying intricate information effectively. His previous roles include working with:

• Lawsikho: Gaining insights into legal education and practical law.
• Verdictum: Focusing on high-quality legal news and court updates.
• Enterslice: Operating at the intersection of legal, financial, and advisory services.