Dancing Swing Ride Accident, NCDRC Directs Rizvana Amusement Co. To Pay Rs. 35 Lakhs To Complainant

Brief Facts:

Abhimanyu Singh (“Complainant”) was a student at the Ishan Institute of Management and Technology, Greater Noida (“Institute”). The Institute organized a fair-tour for the students and the Complainant opted for it. As part of the tour, the Complainant visited a Dussehra fair organized by the Ram Leela Committee, Greater Noida (“Mela Committee”). He purchased a ticket for having a ride on 'Dancing Chairs', an amusement device which was being operated by Rizvana Amusement (“Amusement Company”). During the ride, an accident occurred and the Complainant suffered serious injuries. Feeling aggrieved, the Complainant filed a consumer complaint in the National Consumer Disputes Redressal Commission (“NCDRC”) against the Institute (as it organized the tour), the Mela Committee and the Amusement Company.

Observations of the Commission:

The NCDRC observed that even though the Institute organized the students' visit to the fair, there was no contractual agreement between the Complainant and the Institute that covered any deficiency in the amusement services provided at the fair. The Institute had no control over or anticipation of the specific amusement services chosen by the Complainant, such as the Dancing Chairs ride. The Complainant's choice was personal and voluntary, and there was no evidence that the Institute arranged or promised such a ride, nor did they grant permission for it. The NCDRC did not attribute liability to the Mela Committee as well, which organized the fair.

However, the NCDRC held the Amusement Company liable for deficiency in service and directed to it pay Rs. 25,00,000/- to the Complainant as pecuniary compensation and Rs. 10,00,000/- as non-pecuniary compensation.

Case Title: Abhimanyu Singh vs Rizvana Amusement and 2 others

Case No.: Consumer Case No. 1447 of 2015

Advocate for the Complainant: Mr. Umesh Arora

Advocate for the Opposite Party: Nemo

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