Failure To Provide Adequate Safety Measures, Chandigarh State Commission Holds Olive Greens Institute Liable

Brief Facts:

The Complainant had qualified for the Combined Defence Services (CDS) interview in 2018. She availed of a training programme for Rs. 13,500/- offered by M/s Olive Greens Institute (“Institute”) to prepare for the physical assessments. During the training, she was instructed to jump from a highboard without proper safety arrangements. Despite expressing concerns about the height and lack of training, she was compelled to jump. Upon landing on the hard surface, she sustained multiple fractures in her right ankle. The Institute did not provide any medical assistance to the Complainant after the injury and ignored her requests for aid. There was no vehicle or ambulance on the spot to take her to the hospital. Eventually, she was taken to a private hospital on a motorcycle by a security guard. Due to a lack of safety measures, the journey was very uncomfortable. After getting her X-ray done, it was revealed that she had multiple fractures. Subsequently, she was shifted to a government hospital where steel plates and nails were inserted in her ankle.

The Complainant sent a legal notice to the Institute and demanded compensation for the negligence and insensitivity. However, no response was received. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (“District Commission”).

In response, the Institute contended that the Complainant had verified the Institute's reputation, infrastructure, and training facilities before joining. Further, she had prior exposure to outdoor tasks and the obstacles were demonstrated and supervised. She was not forced to jump, and the jumping board height was standard for all participants. Safety measures like loosened earth and mattresses were in place. After the injury, she was moved to the rest area, and given first aid, a pain spray, and a brufen tablet with her consent. The training session was concluded quickly, and she was taken to a hospital.

The District Commission allowed the complaint and directed the Institute to refund Rs. 13,500/- with 9% interest and pay Rs. 50,000/- as compensation and Rs. 10,000/- for legal costs to the Complainant. Dissatisfied by the quantum of compensation awarded by the District Commission, the Complainant filed an appeal before the State Consumer Disputes Redressal Commission, Chandigarh (“State Commission”).

Observations of the State Commission:

The State Commission observed that the Institute failed to provide evidence of registration or authorization by any Indian authority to conduct its training programs. Although the Institute's letterhead mentioned Australian registration, no supporting certificate or proof of recognition by the Indian Government was submitted. Therefore, it was held that the Institute was operating without authorization in India.

The State Commission further observed that the Institute had admitted that injuries such as fractures occurred annually during the training. Despite acknowledging the recurrence of injuries, the Institute failed to take positive steps to mitigate the risks or improve the safety standards.

The Complainant furnished sufficient video evidence to prove that the trainees were instructed to jump from unusual heights onto hard surfaces. There was a lack of safety measures such as mattresses and soil cushioning. Further, the Complainant's X-ray report confirmed that surgical steel plates and nails were inserted to heal her fractured ankle. The WhatsApp chats between the Complainant and the Institute showed that despite extending lengthy apologies, the Institute failed to take any corrective action.

The State Commission observed gross negligence on the part of the Institute for its failure to provide immediate medical assistance. It was also noted that the Complainant was transported to the hospital on a motorcycle by a stranger security guard. The Institute's failure to provide timely medical care, adequate safety and precautions led to the Complainant's permanent disability, career loss and emotional distress.

Therefore, the State Commission held that the compensation awarded by the District Commission was insufficient. The appeal was allowed, and the Institute was directed to refund the training fee with interest, paying Rs. 20 Lakh for physical injuries and career loss, Rs. 5 Lakh for mental agony and medical expenses and Rs. 50,000/- for litigation costs.

Case Title: Anchal Jain vs M/s Olive Greens Institute and Ors.

Case No.: Appeal No. 160 of 2024

Advocate for the Complainant/Appellant: Shri Ranjit Jain

Advocate for the Respondent: None

Date of Pronouncement: 14.11.2024

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