The Ernakulam District Consumer Disputes Redressal Commission has ordered a Pune-based adventure tourism resort to pay a compensation of ₹1.99 crore to a couple after both their sons drowned in a pond in the resort allegedly due to absence of safety measures, including the services of a lifeguard.
The commission, comprising D.B. Binu, president, and members, including V. Ramachandran and Sreevidhia T.N., issued the order on a petition by P.V. Prakasan and wife Vanaja Prakasan of Amballur who lost their sons Midhun Prakash, 30, and Nidhin Prakash, 24.
On October 24, 2020, Midhun booked rooms at the resort for himself, Nidhin, and 23 others. The day after the brothers tragically drowned in a pond while heading to a waterfall.
The complainants said that the lack of safety precautions, absence of signboards, and non-functional CCTV cameras contributed to the accident. This negligence and defective service and unfair trade practices by the resort management led to their sons’ death. They claimed that the resort had failed in its duty of care and attention, particularly in the absence of a dedicated lifeguard. The Raigad police registered a case against the resort and its managing director for alleged negligence.
The complainants initially demanded ₹6 crore but later reduced their claim to ₹1.99 crore with an additional request for 12% interest from the date of complaint. After the accident, the opposite parties neither mitigated the complainants’ loss nor informed them about the incident, thus allegedly suppressing facts.
The Commission observed that the conscious failure on the part of the opposite parties to respond to the Commission’s notice amounted to the admission of allegations levelled against them. This case underscores the importance of service providers fulfilling their obligations to ensure the safety and well-being of their guests, especially when such assurances are prominently featured in their marketing material. The resort’s failure in this regard constitutes both deficiency in service and an unfair trade practice. warranting further consideration by the adjudicating authority, observed the Commission.
“We direct the nine opposite parties to pay ₹1,99,00,000 (one crore and ninety lakh) to the complainants as compensation for the significant losses caused by their childrens’ premature deaths and resultant loss of financial Support, companionship, protection, and life’s joyful experiences, but also incurred expenses like transportation and funeral costs.
Additionally, service deficiencies and unfair trade practices, have led to mental suffering, hardship, and financial burdens for the complainants. The opposite parties shall also pay the complainant ₹20,000 towards the cost of proceedings,” the Commission said.
