VITHAL PADMA PATIL Vs. DEEPALI PREMCHAND SAKHALEKAR & 3 ORS ; ABHIJEET PREM CHAND SAKHALEKAR; ANKITA PREM CHAND SAKHALEKAR; BHAGWAN MAHIPATI PATIL

JUDGEMENT

(1.) This appeal has been filed by the appellant, Vithal Padma Patil against the order dated 20.08.2015 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short 'the State Commission') passed in Complaint Case No.CC/07/203.

(2.) Brief facts of the case are that the appellant/opponent No.1 is the owner of Sagar Resort, Arnala, Tal Vasai Dist: Thane. Respondent No.1 to 3 are the original complainant, who filed the complaint before the State Commission. Respondent No.4 was opposite party No.2 in the original complaint. The husband of the respondent No.1/complainant No.1 and father of respondent Nos.2-3/complainant Nos.2-3 along with his friends visited Sagar Resort of the opposite parties on 23.10.2005 and was taking bath in the swimming pool of the Sagar Resort. Suddenly, he screamed as if he got the electric shock and as soon as his friends could make efforts to rescue him and brought him to the hospital, he was declared dead. FIR No.1-233/2005 dated 23.10.2005 was lodged and the post-mortem were also conducted. Later on the complainants filed consumer complaint bearing No.CC/07/203 before the State Commission for directing the opposite party to pay compensation of Rs.46, 34, 000/-. The notices were issued and though opposite party No.1 was represented, however, opposite party No.1 did not file any written statement. The matter was sent to the sine die list. Later on the matter was taken up in the year 2015 and again notices were issued. Even after publication of notice none appeared on behalf of opposite party No. Thus, the State Commission virtually proceeded ex-parte against both the opposite parties though the son of opposite party No.1 was allowed to argue the matter on the date of final hearing. The learned counsel for the complainant absented himself on the day of final hearing. However, the State Commission has allowed the complaint as under:-

(3.) Hence, the present appeal by opposite party No.1.