Chandigarh

DF-I

CC/547/2020

Ms. Anchal Jain - Complainant(s)

Versus

M/s Olive Greens Institute - Opp.Party(s)

In Person

14 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/547/2020
Date of Institution	:	20.11.2020
Date of Decision	:	14/2/2024

 

Ms. Anchal Jain, Aged 25 years, R/O H. No. 484,Foothills Colony, Sector 1-A, New Chandigarh, Distt. SAS Nagar Mohali- 140901 (Punjab)

 

Complainant

VERSUS

 

1. M/S Olive Greens Institute, Opposite Kala Gram, Adjoining BSNL Building, Manimajra, Chandigarh- 160010, through Managing Directors/Directors/Authorised Signatory

 

2. Col. Ashokan (Founder/Director), Olive Greens Institute, Opposite, Kala Gram, Adjoining BSNL Building, Manimajra, Chandigarh- 160010

 

3. Col. Bharpur Singh Dhillon (Trainer/Instructor), Olive Greens Institute, Opposite Kala-Gram, Adjoining BSNL Building, Manimajra, Chandigarh- 160010.

 

4. Col. Anup Prakash Singh Sidhu (Trainer/Instructor), Olive Greens Institute, Opposite Kala Gram, Adjoining BSNL Building, Manimajra, Chandigarh- 160010.

 

Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Ajay  Sapehia, Advocate for complainant alongwith complainant in person.
	:	Sh. S.S.  Pathania, Advocate for OPs.

Per SURESH KUMAR SARDANA, Member

     Briefly stated  the complainant with a dream to join the Indian Army joined the institute of OP No.1 for completing training of two weeks  by paying Rs.13500/- as it was claimed by the OPs that they have retired army officer for training in the institute. However it is alleged that during a outdoor tasks certain tasks were fixed by the instructor  as per instructions of Ops No. 2 to 4 as per norms of SSB interview as disclosed by the OPs. The complainant and other candidates requested the Ops to the OPs to give them proper training before performing such tasks but the same was ignored by the OPs and neither given any warning to the candidates before performing such tasks nor prepared proper ground for such high risk tasks by arranging proper artificial cushioning  or mattresses  as a result of which when the complainant performed her tasks she suffered multiple fractures  in her right ankle  but the Ops did not provide any medical aid to the complainant  and she was left unattended on the ground with acute pain. Due to the said injury the complainant had to undergo surgery in the hospital and due to the aforesaid negligent act of the Ops the complainant had to undergo a lot of mental agony and physical pain. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties in their reply while admitting the factual matrix of the case stated that

the complainant after verifying and satisfying herself about the expected parameters like reputation, infrastructure, medical and training facilities, study/training material and quality of instructors and instructional staff of the Institute paid the fee. Training capsule of two weeks of the batch, including the Complainant started on 17-09-2018 and it terminated on 29-09-2018. In the training capsule there were indoor training classes as well as outdoor. Scheduled out-door training ground activities were not declared by OP No 2 to 4 as stated in this Para rather were pre- planned and intimated to everyone. It is to be noted that it was not her first exposure to the out-door training ground activities, as she had already participated in 'Progressive Group Task' where candidate trainees were progressively introduced to less strenuous group activity on a previous day of training. The outdoor training consists of Group Obstacle Race and Individual Obstacle Tasks. Before the start of the Individual Obstacle Tasks, sub-groups are brought in front of the obstacles /tasks one after the other, briefed, explained, demonstrated and thereafter candidates are made to do the same under supervision one by one and then opportunity is given to do voluntary practice. These tasks/obstacles are fixed, tried and tested and everyone is given a chance in front of the whole group. It is not that jumping board was quite high for the complainant and not so high for others. She was not forced to climb up or jump down by anyone. Ground was prepared, the earth was loosened and mattresses were also put in place. It is  stated that the complainant just complained about pain and She was moved to the rest area with two other woman trainees, given first aid, anti-pain spray applied and the ankle was properly bandaged, she was also given a Brufen tablet by OP No 4, with her consent to prevent any pain. This procedure took about fifteen minutes. The practice session of other candidates was wrapped up quickly and the complainant girl was moved to the waiting bus and admitted to hospital and X-ray was done. Denying any deficiency on the part of the OPs all other allegations made in the complaint has been  denied being wrong.

3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. The main grievance of the complainant is that during the outdoor performing tasks, the ground was not prepared  properly by the Ops due to which she got injuries  and was left unattended for many hours with acute pain and also she had to undergo surgery, mental agony and physical pain.
7. On perusal of record adduced by the parties, we are of the view that after the injury the complainant was not given proper and immediate  treatment. In para 3(e) of the reply of the OPs though it is admitted that such odd accident occur every year but there is no mention of keeping a para-medical team/ambulance  being made available at the training site, which is accident prone.
8. On perusal of Annexure C-6, it is observed that the complainant had to undergo the surgical operation after two days of the accident. Had the complainant been provided immediate medical attention she would not have suffered continuous pain. Thus there is negligence on the part of the OPs.
9. On perusal of Annexure C-7 which is a whatapp chat, between OP No.2 and complainant, it is mentioned by the OP No.2 as below:-

“I feel extremely sorry that you were not given immediate treatment. We are investigating the matter and will take appropriate action.

     x x x x x x

We need to return your fees too.

xx x x x x x

We need to refund the training fees to you. Also kindly inform your father that the Institute will bear the cost of hospitalisation, if you could kindly inform us.”

10. From the above, it is crystal clear that the complainant had suffered a lot of mental agony and physical pain due to deficiency in service on the part of OPs.
11. On perusal of complaint it is also observed that during pendency of complaint the OPs have refunded the fee charged but the same was not encashed by the complainant.
12. In view of the above discussion, the present consumer complaint partly succeeds and the same is accordingly partly allowed. OPs are directed as under:-

1. to refund Rs.13,500/- with interest @9% P.A. from the date of filing the instant complaint till onwards.
2. to pay Rs.50,000/- to the complainant towards global compensation for causing mental agony and physical harassment to her;
3. to pay Rs.10,000/- to the complainant as costs of litigation.

13.      This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
14. Pending miscellaneous application(s), if any, also stands disposed off.
15.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

 

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member Sd/-
14/2/2024			[Suresh Kumar Sardana]
mp			Member