Unable To Prove Ankle Fracture Due To Rock Climbing Game, U.P. State Commission Dismisses Appeal Against Grand Venice Mall & Game Operators
The State Consumer Disputes Redressal Commission, Uttar Pradesh bench comprising Mr Justice Ashok Kumar (President) dismissed an appeal filed by the Complainant against Grand Venice Mall, Greater Noida and a rock-climbing company operating within its premises. The State Commission held that the Complainant failed to prove the alleged ankle injury, communication with Game Operators and...
The State Consumer Disputes Redressal Commission, Uttar Pradesh bench comprising Mr Justice Ashok Kumar (President) dismissed an appeal filed by the Complainant against Grand Venice Mall, Greater Noida and a rock-climbing company operating within its premises. The State Commission held that the Complainant failed to prove the alleged ankle injury, communication with Game Operators and other allegations made against the mall and the Game Operators.
Brief Facts:
Rachit Srivastava (“Complainant”) went to Grand Venice Mall in Greater Noida and availed service from a Rock-Climbing company, operating within the mall's premises. Before starting the game, the Complainant asked about the safety instructions from Mr. Amit Kumar and Mr. Pandey (“Game Operators”), who assured the Complainant that all safety measures were undertaken by them. The Complainant climbed the wall and jumped on the instructions given by the Game Operators, which led to the breaking of his ankle bones. Allegedly, while rushing to the hospital, the Complainant was not assisted by the Rock-climbing company or its Game Operators. The Complaint underwent an operation, where his ankle bones were fixed using a screw. He incurred expenses up to 75,000/- on his treatment. Feeling aggrieved, he filed a consumer complaint in the District Consumer Disputes Redressal Commission, Gautam Buddh Nagar, Uttar Pradesh (“District Commission”) against the mall and the Game Operators.
The Mall and the Game Operators contended that the Complainant made up a story and filed a consumer complaint based on untrue events. He did not inform the Mall authorities or the Game Operators about the injury and failed to prove the happening of the mishappening. The District Commission concurred with the mall and the Game Operators and dismissed the complaint. Resultantly, the Complainant filed an appeal in the State Consumer Disputes Redressal Commission, Uttar Pradesh (“State Commission”).
Observations of the Commission:
The State Commission held that the Complainant failed to prove that the injury happened due to the fault of the Rock-Climbing Company or its Game Operators. Further, he also failed to establish that he informed them when he got injured. Taking other facts into consideration, the State Commission deemed the complaint to be filed based on untrue events, to gain undue advantages.
The District Commission's order was upheld and the appeal filed by the Complainant was dismissed.
Case Title: Rachit Srivastava vs Grand Venice Mall and Others
Case No.: First Appeal No. A/1184/2022
Advocate for the Complainant/Appellant: Shri Piyush Mani Tripathi
Advocate for the Respondent: Shri Naveen Kumar Tiwari