Case nº Revision Petition No. 2422 Of 2014, (Against the Order dated 17/02/2014 in Appeal No. 932/2012 of the State Commission Andhra Pradesh) of NCDRC Cases, July 16, 2014 (case 1. Bathala Giri Babu and Anr. 2. Rallapati Rambabu Vs Penubothu Arun)
| Judge | For Appellant: Mr. Suyodhan Byrapaneni, Advocate |
| President | Mr. J.M. Malik, Presiding Member and Mr. Dr. S.M. Kantikar, Member |
| Resolution Date | July 16, 2014 |
| Issuing Organization | NCDRC Cases |
Order:
Dr. S.M. Kantikar, Member
-
The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 17.02.2014 in Appeal No. 932 of 2012 passed by the State Consumer Disputes Redressal Commission (in short, ''State Commission''). The State Commission dismissed the Appeal. The Appeal was filed against the orders passed by the District Consumer Disputes Redressal Forum, (in short, ''District Forum'') in Complaint No. 37/2012, whereby the complaint was allowed.
-
The brief facts relevant to this revision are that, on 6/5/2012, Mr. Ponabathu Arun, the Petitioner/Complainant and his family members stayed in Hotel Udayee International, Tirupathi- the OP-1 Bathala Giri Babu, is Managing Director and OP-2 Rallapati Rambabu is General Manager of that hotel.
-
A theft took place on early hours of 07.05.2012 and his bag containing cash of Rs.51,700/- and some jewellery including ''Mangalasutra'' was missing. Immediately it was informed to the hotel management and after a search, an empty bag was found on the terrace of a different building. The Police was also informed and the Complainant filed a criminal complaint as a registered No., Cr. No. 210/2012. There were CCTV cameras, the room glass windows were not secured and the theft was committed by entry of miscreants. Alleging it as a deficiency in service and negligence by the OPs; the Complainant filed a complaint in the District Forum, for compensation of Rs.3,15,700/-along with interest @ 24% p.a., Rs.25,000/- towards travelling charges and Rs.2,00,000/- for mental agony and costs of Rs.10,000/-.
-
The District Forum allowed the Complaint and directed the OPs to pay a sum of Rs.1,60,000/- with interest @ 12% p.a. from the date of the complaint i.e. 18.05.2012, till the date of realization, together with compensation of Rs.5,000/- and costs of Rs.2,000/-.
-
Aggrieved by the order of the District forum the OP preferred and Appeal before the State Commission, which was dismissed.
-
Hence, the OP filed this Revision Petition. We have heard the Counsel for the OP/Petitioner on admission hearing. There is a short delay of 3 days in filing his revision petition. We have perused the application for condonation of delay filed by the petitioner and hereby condone this delay. The counsel vehemently argued that the Complaint is not maintainable as it was filed in personal capacity; it was not filed against Hotel...
To continue reading
Request your trial