RAJENDRA KUMAR GUPTA Vs. VIRENDRA SWARUP PUBLIC SCHOOL

JUDGEMENT

(1.) The present Appeal, under Section 19 of the Consumer Protection Act, 1986 has been filed by the Appellant-Complainant against the order dated 03.06.2016 of the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred to as "the State Commission) in CC/29/2009.

(2.) Along with the Appeal, IA7250/2019, has also been filed by the Complainant seeking condonation of delay of 180 days. However, as per computation done by the Registry, delay is of one day. Since the delay is of one day, therefore, in the interest of justice, delay is condoned.

(3.) The Appellant is the father of Late Master Raunak Gupta, who was studying in the Respondent School, i.e., Dr. Virendra Swarup Public School. In 2007, the School offered various Summer Camp activities including swimming, and invited students to participate by paying Rs.1,000/-. The Appellant paid a sum of Rs.1000/- to the School, so that his son could participate in the said Summer Camp. On 28.05.2007 at about 9.30 A.M., the Appellant received an urgent call from the School requesting him to come immediately as his son was unwell. The Appellant, upon reaching the School, was informed that his son had been taken to O.E.F. Hospital as he had drowned in the swimming pool of the School. The Complainant then rushed to O.E.F. Hospital where he saw the dead body of his son and learnt that his son was brought dead to the Hospital. Thereafter, Appellant filed a Consumer Complaint in the State Commission alleging negligence and deficiency in service on part of the School and claimed Rs.20,00,000/- as compensation for the death of his son as well as Rs.2,00,000/- on account of mental agony suffered by him and Rs.55,000 towards the cost of litigation.