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Supreme Court of India

Taj Mahal Hotel v. United India Insurance Company Ltd. & Ors.

Neutral citation
Bench Mohan M. Shantanagoudar and Ajay Rastogi JJ.
Decided 14 November 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the consumer complaint in consideration is maintainable as it was filed by the insurer as a subrogee, along with the original owner as a co- complainant.

Judgment, page 43

From the headnote

Consumer Protection – Vehicles of guests handed over to the hotels for valet parking – Liability of hotels in case of theft/loss – Bailor-bailee relationship under the Contract Act, if exists – Respondent no.2’s car parked under the valet parking of the appellant-hotel – Car driven away by another person– Respondent no.1 (insurer) settled the insurance claim by respondent no.2 – Both filed complaint against the appellant – Dismissed by the State Commission on the locus standi of the insurer – National Commission remanded the complaint back to the State Commission which allowed the complaint…

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