LAWS(NCD)-2004-10-150

ANUP MAZUMDAR Vs. KANGER GHATI NATIONAL PARK

Decided On October 19, 2004
ANUP MAZUMDAR Appellant
V/S
KANGER GHATI NATIONAL PARK Respondents

JUDGEMENT

(1.) The complainant has filed this complaint under Sec.17 of the Consumer Protection Act, 1986 against the opposite party for getting the relief of Rs.7,00,000/- towards damages.

(2.) In brief the facts as narrated in the complaint are that on 16.12.2001 the complainant, with his three friends, had gone to see Kutumsar Caves at Kanger Valley National Park, Jagdalpur, Bastar. They had paid a sum of Rs.185/- vide receipt No.4364 towards fee and the same included fee towards guide and light arrangements, besides other heads.

(3.) It is averred in the complaint that the guide provided by the authorities was not a trained guide and further that the guide had no torch but only a petromax and after going nearly 300 ft. inside the cave, the light of the petromax became very dim due to lack of oxygen and consequently the complainant fell into nearly 30 ft. deep ditch and was thereby injured. It is also averred that the opposite party had failed to provide necessary safety measures at the place of accident. As soon as the complainant fell in the ditch the guide, namely Gopal ran away and it was with the help of another guide Sitaram and other tourists that the complainant could be taken out.