Consumer Protection Act

Principle: A service provider is liable to his consumer for any deficiency in service under the Consumer Protection Act, 1986.
Facts: Mr. Frank is running a Restaurant on the Mumbai-Goa Highway. Johns, a foreign tourist on his way from Karnataka to Mumbai stopped at Mr. Frank's Restaurant for dinner. The Restaurant was providing boarding facilities to its customers free of charges. After dinner, Johns decided to sleep for a while before resuming his journey. Johns slept due to exhaustion, but his sleep was disturbed because of the persistent attacks by bed bugs. Further, rashes also developed on his skin due to the bug bites. Johns moves the Consumer Forum for relief.
What are the chances of his success?

A) Johns will not succeed as the boarding facility provided by the Restaurant was free and will not fall under the definition of service within the purview of the Consumer Protection Act, 1986 B) Johns will succeed because the boarding facility was provided by the Restaurant only to its customers and hence will be falling within the ambit of service under the Act C) Johns will not succeed as admittedly he slept and hence there was no deficiency in service by the Restaurant D) Johns' success in getting relief will depend upon his ability to prove some loss or damage due to the negligence of the boarding administrators

Answer & Solution

Correct Answer: Option B

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