Kerala Consumer Commission Directs Adventure Resort To Pay ₹1.99 Cr Compensation To Parents Of Deceased Employees Who Drowned In Its Pool

The District Consumer Disputes Redressal Commission, Ernakulam on Saturday directed Karandi Valley Adventure and Agro Tourism Resort, Pune to pay a compensation of Rs. 1.99 Crore to the parents of two employed youngsters who drowned in a pool at the resort in 2020. 

The Bench comprising President D.B. Binu, and Members V. Ramachandran and Sreevidhia T.N. found that the resort had failed to provide critical safety measures and also did not fulfil its obligations to ensure the safety and well-being of their guests, which constituted a deficiency in service and unfair trade practice. 

"The Commission deeply understands that no compensation can ever heal the profound wounds of parents who have endured the heartbreaking loss of their beloved children in a tragic incident at such a tender age. However, collecting compensation from those accountable for this devastating loss serves as a gesture of remorse a way to acknowledge and share in the immense sorrow that weighs upon the hearts of these grieving parents. It is also a crucial step in ensuring that such heart-wrenching tragedies do not repeat themselves in the future, thereby offering a glimmer of hope amidst the darkness of their grief," it observed while awarding the compensation. 

Additionally, in a bid to prevent any such untoward incidents in future, the Bench mulled the inclusion of disaster management lessons, including swimming lessons in the school curriculum. 

"We should glean valuable lessons from every tragedy and implement corrective measures to prevent future untoward incidents. Consequently, the Commission's Registry is directed to forward a copy of this order to the Director of Public Instruction for the State of Kerala, with a request to consider the inclusion of disaster management lessons, including swimming instruction as lifesaving skills, within the school curriculum in Kerala," it said. 

Two adult sons of the complainants, who were both financially independent and successful in their respective fields, tragically drowned in a pond at the resort in October 2020.

The complainants alleged that although the resort had advertised and assured safety measures, including a guide, the same were absent at the time of the accident. They further averred that the lack of safety precautions, absence of signboards, and non-functional CCTV also contributed to the accident, and sought compensation amounting to to Rs. 1,99,00,000/- for the negligence and defective service by the resort which led to the tragic deaths of their sons. 

The Commission found that the evidence on record proved that the two youngsters met their untimely deaths due to the resort's failure to provide adequate security and service to its customers. 

It noted several failures on the part of the resort, including the absence of lifeguards, lack of signboards which resulted in guests unwittingly venturing into potentially hazardous areas such as the pond, and non-functional CCTV cameras which meant that there was no surveillance or monitoring of the resort's premises. 

"The complainants have shown that the resort's negligence and deficient service had a direct link to the tragic drowning incident that resulted in the loss of their two sons. The absence of lifeguards and safety precautions contributed to the accident. Therefore, there is a compelling causal connection between the resort's breach of duty and the resulting harm," the Commission observed. 

It thus directed the opposite parties to pay Rs. 1.99 Crores compensation to the complainant's parents, for the "significant losses caused by their children's premature deaths and resultant loss of financial support, companionship, protection, and life's joyful various experiences", and other incidental expenses such as transportation and funeral costs. 

It further directed the opposite parties to pay Rs. 20,000/- to the complainants towards the cost of proceedings. 

The complainants were represented by Advocates Aysha Youseff, Molly Jacob, and Jobi A. Thambi.

Case Title: P.V. Prakashan & Anr. v. Karandi Valley Adventure & Agro Tourism Resort, Pune & Anr. 

Case Number: C.C. No. 192/2022

Click Here To Read/Download The Order