BEFORE THE TELANGANA STATE CONsUMER DISPUTES REDRESSA cOMMISSION:HYDERABAD FA NO.117/2015 AGAINST Cc No.331/2012 ON THHE FILE OF DISTRICT FORUM-II,HYDERABAD.

Between:

Beyond Coffee Shop, Rep. by its Proprietor P.Vivekananda Rao, Road No.36, Jubilee Hills, Hyderabad -33.

(as per complaint).

Beyond Coffee Shop Proprietor: M/s.Gayatri Sri Hospitalities Private Limited Represented by its Director Mr.B.Sudheer, Road No.36 Jubilee Hills, Hyderabad - 33.

... Appellant/

Opposite party And

1.M/s.Ad.Age Outdoor Advertising Pvt. Ltd., represented by its Executive Director Mr.Syed Musuraff Mehdi, S/o.Late Mr.S.Y.Nawab, aged about

35 years, Occupation: business, R/o.Plot No.181/A, Road No. 12, MLA Colony, Banjara Hills, Hyderabad.

2. M/s.TATA AIG General Insurance Co. Limited, represented by its Manager (Claims) Sri Jayanth Roy, S/o.D.K. Roy Aged about 51 years, 4th Floor, Block A, My Home Tycoon, Kundanbagh, Begumpet, Hyderabad-16. Respondents/

Complainants Counsel for the Appellant Mr.M.R.B.Manikandan Counsel for the Respondents Mr. Katta Laxmi Prasad.

cORAM: Hon'ble Sri Justice M.S.K. Jaiswal, President.

And Hon'ble Smt. Meena Ramanathan, Lady Member FRIDAY, ^THE ELEVENTH DAY OF MARCH, TWO THOUSAND TWENTY TWO.

Order:

1. This is an appeal filed by the appellant/oppositep arty against the order passed in C.C.No.331/2012 dated 4.6.2015 on the file of District Consumer Disputes Redressal Forum-I, Hyderabad.

Ror the sake of convenience, the parties are relerred to as arrayea & n ^the complaint. ( ^Appellant is the opposite ^party and respondents 1 2 are complainants 1 & 2).

3. The brief facts as stated ⁱⁿ the ^complaint:

Complainant no.1 is the owner ^of Maruthi Swift Car ^bearing no.AP ⁹ BP 5200 and the ^complainant no.2 is the insurer of the said car. The ^complainant of attorney no.1 is represented by the ^complainant no.2 as a special power holder. Opposite party is ^{a proprietary} concern and rep. ^{by its Proprietor} and engaged in the hotel business.

On 13.8.2010 at about 2.30 p.m., ^{nephew of Syed Mushref Mehdi}

Executive Director ^of complainant no.1 company went to the opposite party restaurant along with his friends and handed over the vehicle to the valet for parking and he was issued ^a token for the same. When ^he came out after 45 minutes he was informed by the valet that one person ^claiming to be friend of his asked for the car ^keys and they have handed over the car ^keys without demanding ^for token and ^the said unknown person drove away ^the car. Two days after the search ^for the ^vehicle, Executive Director of the complainant no.1 lodged ^a police complaint with Jubilee Hills Police Station vide FIR No.351/2010 dt.16.8.2010. The said ^vehicle was recovered ^{by the police in} accidental condition and the vehicle was entrusted to M/s.Varun Motors (P) Ltd. for carrying out the repairs and a sum of Rs.3,02,411/- was incurred towards repair charges. The opposite party also informed about the theft ^of the car to the complainant no.2. The complainant no.2 being insurer of the vehicle settled the claim ^of the ^{complainant no.1} as per terms and conditions of the policy. After settlement of the claim, the complainant no.2 issued a legal notice to the opposite party demanding to pay a sum of Rs.3,02,411/-

towards the loss incurred in respect of Maruti Swift Car for which reply legal notice was given ^{denying their liability stating that} the ^{valet parking is a} complementary service and they are not responsible ^{for theft, loss} or ^damage to the vehicles. It is submitted that due to sheer negligence of the opposite party staff, ^the vehicle was stolen and ^taken out ^by some unauthorized person and as such there ^{is deficiency of} service on ^{the part} of the ^{opposite party} and it cannot shirk the ^{responsibility} of the ^safety of the car. Hence, the complaint seeking ^direction to ^the opposite party to pay Rs.3,02,411/- with interest @

12% p.a. to the complainant no.2 and to pay Rs.25,000/- towards damages and costs.

The opposite party filed written version denying the allegations made in

4.

the com