Hotel Did Not Have Smoke Detector And Staffs Were Not Acquainted To Operate Fire Extinguishers; Deficiency in Service of Hotel; NCDRC Imposes Costs
Live LawThe bench of National Commission comprising Justice C. Viswanath, Presiding Member and Ram Surat Ram Maurya, Member has observed that, the Hotel did not have smoke detector and the staffs of hotel were not acquainted to operate fire extinguishers. While he was sleeping, the fire broke out in the hotel, in which, three guests including deceased died due to burn injury and asphyxia due to inhalation of carbon-die-oxide and carbon-mono-oxide. Commission relied upon the case of Shyam Sunder Vs. State of Rajasthan, where it was held that, "the maxim "res ipsa loquitur" is resorted to when an accident is shown to have occurred and cause of accident is primarily within the knowledge of the defendant. Commission stated that, "the report of Officer In-Charge, Fire Station shows that the Hotel did not have smoke detector and the staffs of hotel were not acquainted to operate fire extinguishers.
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