In a tragic case involving two small children suffering from thalassemia who lost their lives at a resort in Jaipur Rajasthan, the Rajasthan State Consumer Disputes Forum has found the Goodage (Celebration Resort) near Kanota Police Station, Jaipur district, guilty of severe deficient service and has ordered it to pay up money to the concerned family.
The parents and guardians of two children had filed a case against Goodage (Celebration Resort) to the lower district forum, Jaipur. They complained that their two children had been taken to this resort which had two swimming pools. But an accident had occurred due to which both children with thalassemia had drowned in the swimming pools. The district consumer forum had ordered the resort to pay up money to the complainants. It went in appeal to the State Commission.
The State Commission was told by the Goodage (Celebration Resort) that on humanitarian grounds they have given permission to the complainants to have a picnic at their resort but only their lawn was allowed to be used and no permission was given for use of the swimming pool. They claimed that it was the duty of the parents and guardians of the children to take care of them. The deceased children were not suffering from thalassemia . Hence, they could not be held responsible for the tragedy.
But the State Consumer Disputes Redressal Forum President Hon’ble Mrs. Justice Nisha Gupta ruled that Thalassemia Children Society had asked for permission to use the resort for a picnic party. The permission was not given on humanitarian grounds as the Goodage (Celebration Resort) claimed. It had charged the children’s society Rs. 5100. They could not prove by any written document that they had warned the Society or the family not to use the swimming pools or that only the lawn was to be used.
The Goodage (Celebration Resort) have gone to the extent of arguing that children were not suffering from thalassemia which is very unfortunate on their part, said the Forum President. Whether children were suffering from thalassemia or not cannot be the issue here, she said.
The District Forum has held that there were no safety provisions for swimming pools and even no security guard or care taker was there to take care of the children and this fact has not been denied by the Resort.
Hence, it is more than clear that the Goodage (Celebration Resorts) were deficient in service. They have not cared to put safety measures for use of the swimming pool or to forbid the children from investigate the pools, which is the natural instinct of the small children. So due to negligence of the Resorts two young lives have been lost. Hence, the Forum below has rightly allowed the claim.
In view of the above, there is no merit in this appeal not worth admission and liable to be rejected . She dismissed the appeal of the Resort.
BY THE STATE COMMISSION ( PER HON’BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):