Question

A school owned a swimming pool and offered swimming facilities to the public on payment of a fee. The school conducted winter and summer training camps to train boys in swimming and for this purpose engaged a coach. Mr. Ajay enrolled his only son for learning swimming under the guidance of the coach. That due to the negligence of the coach, the boy drowned and died. The school denied any responsibility on its part. The coach claimed that he had considerable experience in coaching young boys for swimming.
Mr Ajay decided to file a case in the appropriate consumer court and decided to claim Rs. 50 lakh.
(a) Against whom can Mr. Ajay file a case in the consumer court? Justify your answer.
(b) Where can Mr. Ajay file the case? Give reason.
If the school authorities are not satisfied with the order of the consumer court, where Mr. Ajay had filed the case, what option is available to them?

Answer 1

(a) Mr. Ajay can file a case against the school as well as the coach.
Reason: Failure to provide basic safeguards in the swimming pool by the school and the negligence of the coach amounts to deficiency in services.
(b) Mr. Ajay can file the case in the State Commission since he decided to claim Rs. 50 lakh, which exceeds Rs. 20 lakh but does not exceed Rs. 1 crore.
(c) If the school authorities are not satisfied with the order of the state commission, they can appeal before the National Commission within 30 days of the state commission, they can appeal before the National Commission within 30 days of the passing of the order.