COMPLAINT FILED: 25.04.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 23rd JULY 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SRI. SYED USMAN RAZVI MEMBER <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> <br /> COMPLAINT NO. 1016/2008<br /> <br /> <br /> COMPLAINANT Ritesh Garg,<br /> S/o. Sri. Sushil Kumar Garg,<br /> Aged about 31 years,<br /> Residing complainant @ Flat <br /> # 11603, Prestige Monte Carlo,<br /> Yelahanka,<br /> Bangalore – 560 064.<br /> <br /> <br /> Advocate (B.A. Narendranath)<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES <br /> <br /> 1. Sterling Holidays Resorts (India) Ltd.,<br /> Branch Office,<br /> R.R. Plaza # 42, 1st Floor,<br /> 8th Main, 3rd Cross,<br /> Vasanthnagar,<br /> Bangalore – 560 052.<br /> <br /> <br /> 2. Sterling Holiday Resorts (India) Ltd.,<br /> Registered Office <br /> ‘TAURUS TOWERS’<br /> No. 25, 1st Main Road,<br /> Kodambakkam,<br /> Chennai – 600 024.<br /> <br /> <br /> Advocate (S.N. Bhat)<br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant to direct the Opposite Party (herein after called as O.P) to pay a compensation of Rs.4,75,000/- and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant availed the services of the OP having become the member of the OP resorts. On 12.01.2008 to 15.01.2008 he visited OP resorts along with his wife son and a daughter to spend 3 days. On 14.01.2008 complainant had the body massage and a steam bath, thereafter on the same day his wife Smt. Ritu also intended to have the steam bath. She was taken to steam bath chamber by the attendant of the OP resort. After she entered into the chamber the attender left the place. Due to the carelessness and negligence of the attender of the OP the wife of the complainant got suffocated and fell unconscious. She sustained the burn injuries on her face, neck, shoulder and the thigh. Immediately complainant intended to provide the first aid to his wife, unfortunately it was not available at that resort. Then he took her to the nearby hospital which is situated about 50 kms. away from the resort. After taking the first aid from the said Doctor they returned back to Bangalore and went to Columbia Asia Hospital at Bellary Road, Dr. Priyadarshan of the said hospital advised her for plastic surgery. The said plastic surgery was performed on 17th January 2008 at Sugana Hospital, Rajajinagar. The wife of the complainant was forced to stay in the said hospital for more than 10 days and subsequently thereto she was confined into the house due to fear of infection. Complainant has spent a lot towards the said treatment nearly to the tune of Rs.3,00,000/-. For no fault of theirs, complainant and his wife were made to suffer both mental agony and financial loss. The repeated requests and demands made by the complainant to compensate them, went in futile. Thus complainant felt the deficiency in service on the part of the OP. Under the circumstances he is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP its massage therapist Mr. Dinesh accompanied the wife of the complainant for the said steam bath. Evenafter the expiry of the time of the steam bath, though attender requested the wife of the complainant to come out of the chamber she refused. She was adamant. Sensing the danger the said therapist called the complainant to persuade his wife. In the meantime the wife of the complainant fell unconscious, in that process she had some scar on her cheek. Immediately first aid was given and she was taken to the nearby hospital, thereafter the complainant took his wife to Bangalore. The contention of the complainant that his wife suffered burns on the neck, thigh, face and shoulder are false. OP is not aware of complainant’s wife having taken treatment in Bangalore Hospital, that too having undergone the plastic surgery. If the wife of the complainant stopped taking steam bath at the end of prescribed time this mishap would not have happened. Injury if any suffered by the wife of the complainant is mainly because of her own negligence and carelessness. For that OP cannot be blamed. There is no deficiency in service on the part of the OP. The other allegations are false and frivolous. The complaint is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant is the member of the OP resorts and he visited the OP resorts at Yealagiri near Vanyambadi, Chennai during the month of January 2008, that too for 3 nights and 4 days from 12.01.2008 to 15.01.2008. It is also not at dispute that on 14.01.2008 at about 10 a.m. the wife of the complainant Smt. Ritu went to have a steam bath. According to the complainant the attender connected with the said steam bath chamber sent her inside and went away. Due the carelessness of the said attender of the OP the wife of the complainant was forced to face suffocation and burn injuries on her face, neck, shoulder and thigh. Due to the said suffocation she fell unconscious.<br /> <br /> 7. On the perusal of the version of the OP, the fact that complainant wife fell unconscious on that day near the said steam bath chamber is admitted. It is contended by the OP that one Mr. Dinesh massage therapist was a person in-charge of the said steam bath. Unfortunately his affidavit is not filed. According to OP the wife of the complainant sustained some scar on her cheek on that day and no other injuries. It is further contended that the wife of the complainant was taken to the nearby Hospital of Vanaymbadi. But no such documents are produced. On the other hand it is contended by the complainant that even first aid was not available at that resort and he has to take his wife to the hospital in his own vehicle which is at a distance about a 50 kms. and one Dr. Fayyaz Kamal gave the treatment. So there is a contradictory version with regard to the first aid treatment that is given by the doctors concerned.<br /> <br /> 8. According to the complainant as his wife has sustained certain visible burn injuries on her face, neck, shoulder and thigh she got admitted in Columbia Asia Hospital at Bellary Road and one Dr. Priyadharshan performed the plastic surgery at Sugana Hospital on 17.01.2008. The documents to that effect are produced. According to the complainant he was forced to spend more than Rs.3,00,000/- for the said treatment. It is all because of the carelessness and negligence of the OP and its staff. In view of the admitted facts and so also taking into consideration the circumstances, prima-facie, there appears to be dereliction of duty, negligence and carelessness on the part of the OP and its staff in providing the steam bath to the wife of the complainant.<br /> <br /> 9. The evidence of the complainant appears to be very much natural, cogent and consistent, which finds full corroboration with the contents of the undisputed documents. There is nothing to discard his sworn testimony. On the perusal of the Sugana Hospital bills, the final bill details speaks to the fact of payment of Rs.91,545/-. We are satisfied that the complainant is able to prove the deficiency in service and negligence on the part of the OP. Of course complainant has not produced any photographs of his wife to prove with regard to the actual burns and recovery from the burns after plastic surgery. The affidavit of the said injured is not filed. Any how having taken note of the facts and circumstances of the case, the justice will be met by directing the OP to pay the final bill of Sugana Hospital as noted above. The other claim of the complainant appears to be exorbitant. With these reasons we answer point nos.1 and 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP’s are directed to pay a compensation of Rs.91,545/- and litigation cost of Rs.5,000/- to the complainant. This order is to be complied within 4 four weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 23rd day of July 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> png<br /> <br />