'They Should Be Controlled': Kerala High Court Observes Orally After Woman Sues Resort Over Burn Injuries Allegedly Sustained During Spa

She alleges that she sustained burn injuries on her body and had to undergo plastic surgeries and skin grafting due to the criminal negligence committed by the Resort.

Justice Devan Ramachandran expressed his anguish at the condition of the petitioner and orally stated 'resorts and spa should be controlled'.

The Court directed the petitioner to file a complaint at Vaikom Police Station in Kottayam district since the resort is located under its jurisdiction. It also directed the petitioner to implead the Station House Officer of the Vaikom Police Station.

The plea stated that the petitioner had sustained burn injuries while she was inside the steam bath box. It is alleged that she cried for help when the steam became unbearable, but nobody came to help her, and she later became unconscious. Even after this, the personnel in the resort delayed medical aid to the petitioner and the therapists in the resort provided improper treatment to her, it is alleged.

The petitioner said she had to undergo multiple plastic surgeries and underwent skin grafting as a result of the burn injuries. The plea also stated that the petitioner would not be able to lead a normal life in the future due to the disfiguration of her body from the burn injuries. She alleges that the persons in charge of the resort were duty-bound to conduct periodical inspections and to run the resort by taking proper care and attention in compliance with statutory conditions for regulating the resort and Ayurveda spa.

The petitioner filed a complaint before the Assistant Commissioner of Police and sought a direction from the court for the registration of a criminal compliant against the resort. She also seeks adequate compensation from the resort for loss of physical beauty and for sustaining burn injuries.

Counsel for Petitioner: Advocates Suja Padnaban Pillai, G Rajan Patayil

Counsel for the Respondents: Government Pleader Sunil Kumar Kuriakose

Case title: A v The Assistant Commissioner Of Police & Others

Case number: WPC 2100/2024