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2019 Supreme(SC) 1262

MOHAN M.SHANTANAGOUDAR, AJAY RASTOGI
Taj Mahal Hotel – Appellant
Versus
United India Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Petitioner(s):Gopal Jain, Meenakshi Midha, Kapil Midha, Pritika Juneja, Prashanti, Chander Shekhar Ashri, Advocates
For the Respondent(s):Amit Kumar Singh, K. Enatoli Sema, Gaurav Prakash, Asutosh Sharma, Kuldeep Singh Tomar, S.L. Gupta, Varinder Kumar Sharma, Advocates

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. Leave granted.

2. This appeal, by special leave, arises out of judgment dated 05.02.2018 passed by the National Consumer Disputes Redressal Commission (‘National Commission’) dismissing the appeal against order dated 29.01.2016 passed by the State Consumer Disputes Redressal Commission (‘State Commission’) New Delhi in Complaint Case No. 198/1999.

3. The following are the facts out of which this appeal arises:

    3.1. On the night of 01.08.1998, at around 11 p.m. Respondent No. 2 herein (Complainant No. 2) visited the Appellant-hotel in his Maruti Zen car. While the car was insured with Respondent No. 1 herein (Complainant No. 1), the Appellant-hotel had taken a non-industrial risk insurance/liability policy from Respondent No. 3. Upon reaching the hotel, Respondent No. 2 handed over his car and its keys to the hotel valet for parking, and then went inside the hotel. The parking tag handed over to him read inter-alia:

    “IMPORTANT CONDITION: This vehicle is being parked at the request of the guest at his own risk and responsibility in or outside the Hotel premises. In the event of any loss, theft or damage, the management shall not be held responsib


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