Hotel to pay up for person who fell through lift

Chennai: Can you imagine walking into a lift, which has not floorboard, in a high-rise building?

This is what happened to a person who entered a lift in a city hotel in 2011 and landed up soon in a hospital with a fractured leg. Based on his petition, the District Consumer Dispute Redressal Forum Chennai (North) has directed the hotel management to pay a compensation of '3.55 lakh for causing him mental agony and suffering.

In the petition, B. Mutheeswaran of R.S.Madai village, Ramanathapuram district, submitted that his father K. Balasubramanian, was a diabetic patient for more than 10 years. He was also facing chronic kidney disorder and undergoing haemodialysis for more than five years.

In order to undergo kidney transplantation at a private clinic in Chennai, they came from Ramnad district and stayed at Hotel Ganesh, EVR Periyar High Road, Arumbakkam on July 14, 2011.

The hotel manager, Surya, collected '1,000 towards advance and allotted them a room. After checking in, Balasubramanian visited a nearby shop. While returning to the room, he waited for the lift as he faced difficulties climbing stairs. When the door opened, he stepped inside the lift. Immediately, he fell down as there was no floorboard in it.

On hearing his screams, Mutheeswaran went down and rescued him with assistance of others. Also, the lift was fitted with a collapsible gate, which is prohibited by Tamil Nadu Lift Act, 1997. Neither was a operator employed by the hotel management to man the lift.

Balasubramanian, who suffered fracture and injuries, was rushed to a nearby private hospital and after giving first aid he was advised to be admitted to another private hospital. Subsequently, he was admitted to Sri Ramachandra Medical College Hospital, Porur and surgery was performed on July 18, 2011. He received post-operative treatment in Ganagamani Hospital, Ramanathapuram during August 3-22, 2011.

A case was registered in Arumbakkam police station for offences committed under section 287 (negligent conduct with respect to machinery) and 337 (causing hurt by act endangering life or personal safety of others) IPC.

On July 28, 2011, Mutheeswaran also lodged a complaint with the Electrical Inspector, Chennai South Division, Guindy for improper maintenance and operation of lift in the hotel.

In the petition, the father and son contended that operating the lift without licence and improper maintenance were in violation of rules. Due to the negligent act, Balasubramanian suffered injuries and was treated at various hospitals. They sought a direction to the hotel, its proprietor Maheswaran and its manager, to pay a compensation of Rs 19 lakh for causing them mental agony plus medical expenses.

Denying the allegation, the hotel management stated that Mutheeswaran had no locus standi to file the complaint since he was not injured. The room was allotted only to his father.

Balasubramanian entered the hotel in an intoxicated condition. Therefore, he also cannot be considered as a consumer since he sustained injuries in a drunken condition. Right from the incident, Mutheeswaran was demanding ransom from the hotel, which was not heeded.

They further stated that the lift was erected before 1997 and therefore the Act of 1997 was not applicable. Hence, the hotel prayed that the forum dismiss the complaint.

The Bench of president K.Jayabalan and member T.Kalaiyarasi said "The lift was put into public use without a valid licence and periodic maintenance was not carried out and life insurance policy for the persons using the lift was not taken and collapsible gates had to be replaced". Balasubramanian had to undergo surgery and faced mental agony. The bench directed the hotel to pay Rs 2,35,909 towards medical expenses  and pay a compensation of Rs 1 lakh for causing him mental agony and cost of Rs 5,000.