KOCHI: The District Consumer Disputes Redressal Commission, Ernakulam, has directed Karandi Valley Adventure and Agro Tourism Resort, Pune, to pay a compensation of Rs 1.99 crore to an Ernakulam couple whose sons Midhun Prakash P, 30, and Nidhin Prakash P, 24, drowned in a pond at the resort in 2020. This is the largest amount of compensation allowed in consumer dispute redressal cases after enacting the ‘Consumer Protection Act 2019’.
The Bench headed by president D B Binu said: “No compensation can ever heal the profound wounds of parents who have endured the heartbreaking loss of their two beloved children in a tragic incident. However, taking compensation from those responsible for the devastating loss serves as a gesture of remorse- a way to acknowledge and share in the immense sorrow that weighs upon the hearts of the grieving parent. This also ensures that such heart-wrenching tragedies do not repeat in the future.”
The couple submitted that the resort advertises and assures safety measures, including a guide, which was absent at the time of the accident. They claimed that the resort failed in its duty of care and attention, particularly in the absence of a dedicated lifeguard. The Rajgad police registered a case against the resort and its managing director for alleged negligence leading to the death. Their sons drowned in a pond at the resort while heading to a waterfall, where there were no safety measures or security personnel.
The counsel for the couple argued that the absence of safety measures like lifeguards in the resort amounts to deficient service. The Commission said that the failure of the resort to fulfil its duty of care shows a clear deficiency in their service. The parents have suffered loss of love, affection, companionship, financial support and more due to their premature deaths.
The mental anguish and various losses resulting from the loss of their sole breadwinners and loved ones are immeasurable in purely monetary terms. However, the resort’s failure to uphold its duty of care and service obligation, resulting in the tragic loss of the couple’s sons, warrants compensation to alleviate the significant physical, emotional, and financial burdens imposed on them.
The Commission also directed the Registry to forward a copy of its order to the Director of Public Instruction, Kerala Government, with a request to consider inclusion of disaster management lessons, including swimming instruction as lifesaving skills, in school curriculum.
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