THIRUVANANTHAPURAM: The State Consumer Disputes Redressal Commission (SCDRC) has ordered Thrissur-based Aquatics Club to pay Rs 35-lakh compensation with interest for the death of a 22-year-old engineering student in its pool.
The order issued by a bench comprising president Justice K Surendra Mohan and members D Ajith Kumar and A Beena Kumari said Rs 10,000 should also be paid as costs to the complainant, the father of the deceased.
Abhijith, the elder son of a Dubai-based NRI, was in Kerala during his vacation. He visited the club along with his two friends on March 10, 2013. He entered the club on the strength of a guest pass issued to his friend’s father who was a club member. Around 6 pm, Abhijith was found drowned in the pool where the water level was 12 ft deep. Though he was rushed to a hospital, his death was declared at 2.45 a.m. the next day.
According to the complainant, the club failed to maintain proper life protection measures like lifeguards. He alleged deficiency on the part of the management, a service provider who collects hefty fees from its members.
The deceased was a consumer since he entered the pool on the basis of a guest pass issued to a member. He sought Rs 50 lakh compensation and Rs 10,000 as costs for the deficiency in service by the management.
The management argued that it was a private club meant for its members and that the guest couldn’t be considered a consumer. As per the club’s bylaw, the host should pay all charges and fees incurred by guests, including the cost of damage, if any. The notice board near the pool had specific directives besides a statement that persons who use the pool would do it at their own risk and the management would not be liable for any accident. The youths defied the lifeguard’s directive to vacate the pool at 6.30 p.m.
Abhijith was fished out from the water by the lifeguard and another swimmer, a doctor, gave first aid.m The commission, however, observed that the club levied guest charges from members and hence it is bound to take care of them.
The notice board was in Malayalam and the NRI youth couldn’t read it. The said ‘lifeguard’ told the commission that he was appointed as a swimming coach with 6 am to 9 pm duty time. He said he jumped into the pool after hearing the loud cry of the friend of the deceased. This proved that there was no designated lifeguard constantly observing the persons in the pool as prescribed in the water sports guidelines by the National Institute of Water Sports.