P.D. Shenoy, Member—The issue involved in this case is if the keys of the car given by the customer of a Five Star Hotel for parking to the uniformed valet of the hotel is stolen whether the Five Star Hotel is responsible for making good the loss to the consumer.

Facts of the case in brief are as follows:

2. Mr. Atul Virmani came to Delhi by his Maruti Gypsy, which he had purchased from M/s Rohan Motors, Dehradun for Rs. 2,86,395. It is the say of the complainant that accessories worth Rs. 50,000/- were installed in the said vehicle which was insured against third party claim but the peril of theft was not included in the policy.

3. The case of the complainant is that on 18.9.1996 at about 11.15 p.m. he visited the Hyatt Regency (the Hotel) by paying a fee of Rs. 900/-. According to the complainant this fee included the entrance fee as well as for the safe parking of the vehicle. On arrival at the hotel the representative of the hotel demanded the key of the vehicle for parking the vehicle at the parking lot in safe custody. Therefore, the complainant delivered the possession of the vehicle to the representative of the hotel who drove the car to the parking lot. The valet had iss