SHAILENDRA KUMAR SINGH Vs. BANARAS HINDU UNIVERSITY, VARANASI

JUDGEMENT

(1.) The present Complaint is filed under Sec. 21(a) (1) of the Consumer Protection Act, 1986.

(2.) Along with the Complaint, IA No. 13359 of 2019 was also filed for Condonation of delay in filing response to the Questionnaire by the Opposite Parties and an IA No. 17542 of 2019 was filed for Condonation in delay in filing interrogatories by the Complainant. As per the averments made by the Parties, the applications are allowed.

(3.) The case of the Complainants is that for the purpose of amusement and recreation of students, Opposite Party/University had constructed a swimming pool within its premises. Deceased, Dr. Shitesh Kumar Singh, Late son of Complainants No.1 and 2 and brother of Complainant No.3 who was pursuing Post Graduation in Medical Science paid an amount of Rs.300.00 as fee for use of the abovementioned swimming pool where he was enrolled as a beginner in swimming. The Services provided by the Opposite Parties, inter alia, included supervision by Life Guards of users of the Swimming Pool. On the fateful evening of 26/5/2010, the deceased drowned in the swimming pool maintained by the Opposite Parties, where he remained submerged in the water for quite some time unnoticed by the Life Guards. After being rescued, he was admitted in the Intensive Care Unit (ICU) in Sir Sundarlal Hospital located in the premises of Banaras Hindu University in a critical condition, where he expired on 30/5/2010. Alleging deficiency in service on the part of the Opposite Parties, the Complainants filed the instant Complaint with this Commission with the following prayer: