If you are stuck in such a situation, here is what to do.

Mr. and Mrs. Verma, an elderly couple, recently stayed at the “Celestial Suites” in the city of Meerut for a business conference. Upon checking in, they observed a pre-existing crack on the bathroom door and, being responsible guests, immediately informed the hotel management. The staff acknowledged the issue and provided a written note confirming the damage was present before their stay.

During their stay, a distressing incident occurred when Mr. Verma, who is over 60 years old, became trapped inside the bathroom due to a faulty lock. In his attempt to get out, a small, new chip appeared on the glass panel of the door. The couple promptly reported this second incident to the hotel staff.

The situation turned hostile at checkout. The hotel management accused the Vermas of causing the damage and demanded a payment of ₹25,000. Shockingly, the staff refused to let the elderly couple leave or retrieve their luggage until the amount was paid. This amounted to wrongful confinement. Mr. Verma had to argue and withstand immense pressure until the early hours of the morning before the hotel management finally relented and allowed them to depart without paying the unjust charge.

This experience was not only humiliating but also caused significant mental distress, which is unacceptable from a well-regarded hotel chain. Their son, Rohan, is now seeking guidance on the legal recourse available for this harassment and illegal detention.

Advice in such cases

• Stay Calm and Do Not Escalate: In such a tense situation, it is important to remain calm and not engage in aggressive arguments. Politely but firmly state your position.

• Document Everything: Use your phone to record conversations (where legally permissible), take pictures of the pre-existing damage, the faulty mechanism, and any new damage. Keep all receipts, booking confirmations, and any written communication from the hotel.

• Do Not Pay Under Duress: Do not give in to pressure to pay for something you are not responsible for. Clearly state that you are being held against your will and that their demand amounts to extortion.

• Call the Police: If the hotel staff prevents you from leaving, it constitutes wrongful confinement, which is a criminal offense. Call the police helpline immediately and inform them of the situation.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This situation involves violations under both criminal and consumer protection laws in India.

• Section 70 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Wrongful Confinement: This section applies when a person is wrongfully restrained in a way that prevents them from proceeding beyond certain defined limits. By refusing to let the couple leave the premises, the hotel staff committed the offense of wrongful confinement.

• Section 325 of the Bharatiya Nyaya Sanhita, 2023 (BNS) – Extortion: Intentionally putting a person in fear of injury (in this case, continued detention and harassment) to dishonestly induce them to deliver any property or valuable security (the payment of ₹25,000) constitutes extortion.

• The Consumer Protection Act, 2019: The hotel’s actions amount to a “deficiency in service” and “unfair trade practice.” A faulty door lock is a service deficiency. Forcing a guest to pay for damages they didn’t cause and harassing them at checkout is an unfair and unethical practice. A complaint can be filed in the appropriate Consumer Disputes Redressal Commission for compensation.

If you are the complainant

If you represent the hotel in such a dispute, it is crucial to handle the situation professionally to avoid legal repercussions and reputational damage.

• Review Your Protocols: Ensure your staff is trained on dispute resolution. There should be a clear policy for handling claims of property damage that does not involve threatening or confining guests.

• Preserve Evidence: Secure all relevant evidence, such as CCTV footage of the interaction, maintenance logs for the room, and all written communication with the guest.

• De-escalate and Investigate: Rather than making immediate demands, management should investigate the claim impartially. Acknowledge the guest’s complaint and offer to look into the matter without making them feel like a prisoner.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the guest who has been harassed and wrongfully detained, you have several avenues for justice.

• Gather All Evidence: Compile all your documents: booking confirmation, the hotel’s written note about the pre-existing damage, photos/videos you took, and a detailed timeline of events.

• File a Police Complaint: Go to the nearest police station and file a First Information Report (FIR) against the hotel management under Sections 70 (Wrongful Confinement) and 325 (Extortion) of the BNS.

• File a Consumer Complaint: File a complaint before the District Consumer Disputes Redressal Commission. You can claim compensation for the mental agony, harassment, and deficiency in service, along with litigation costs.

• Send a Legal Notice: Before initiating formal proceedings, it is often effective to have a lawyer send a strong legal notice to the hotel’s corporate headquarters, detailing the incident and demanding an apology and compensation.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Initially, the police might perceive the issue as a civil dispute over payment. However, once you clearly articulate that you were physically prevented from leaving the premises against your will, they are bound by law to register an FIR for wrongful confinement. The element of demanding money under threat brings in extortion. The police will take statements from you and the hotel staff, collect evidence like CCTV footage, and proceed with the investigation as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

• Proof of stay (booking confirmation, bills).

• The written acknowledgement from the hotel about the pre-existing damage.

• Photographic or video evidence of the faulty lock and the damages.

• Names and contact information of any hotel staff involved or any other potential witnesses.

• A copy of the police complaint (FIR) if filed.

• Any emails, messages, or recorded conversations with the hotel management.

How long will the investigation take?

The duration of an investigation can vary. A police investigation under the BNSS has procedural timelines, but it can be delayed due to various factors. A consumer complaint is often a faster route for seeking monetary compensation and can be resolved within a few months to a year, depending on the commission’s workload and the complexity of the case. A legal notice from a lawyer can sometimes lead to a much quicker out-of-court settlement.

Advocate Sudhir Rao, Supreme Court of India