NDLI: The Managing Director, Kerala Tourism Development Corporation Ltd. Vs. Deepti Singh & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Consumer Protection Deficiency of service breach of duty of care hotel no lifeguard complainant’s spouse sank into the swimming pool and died
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Consumer Protection Act, 1986 (68 of 1986)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Consumer Protection – Deficiency of service – First complainant had booked accommodation at a hotel for a family holiday – First complainant’s spouse sank into the swimming pool of the hotel and later died – FIR was registered – Also, a complaint was filed before the National Consumer Disputes Redressal Commission (‘NCDRC’) – NCDRC held that there was a deficiency of service on the part of the management of the hotel, primarily for the reason that the lifeguard on duty was also assigned the task of a Bartender and assessed the compensation in the amount of Rs.62,50,000/- – On appeal, held: A hotel which provides a swimming pool for its guests owes a duty of care – Allowing or designating a lifeguard to perform the duties of a Bartender was a clear deviation from the duty of care – The appellant could have reasonably foreseen that there could be potential harm caused by the absence of a dedicated lifeguard – The imposition of such a duty upon the appellant can be considered to be just, fair and reasonable – In the instant case, there was a breach of duty of care by the appellant – Insofar as damages are concerned, taking into account, the nature of the business, the prospects for future earnings, the loss of companionship for a spouse and of the guidance and support for the children, the assessment of compensation in the amount of Rs.62,50,000/- by the NCDRC was faultless. The first complainant had booked accommodation at a Hotel for a family holiday. Spouse of the first complainant entered the swimming pool with his brother. All of sudden, he became unconscious and sank into the pool. It was alleged that a foreigner who was in the vicinity lifted him out of water. Later, spouse of the first complainant died. An FIR was registered and thereafter a complaint was filed before the NCDRC. The NCDRC held that there was a deficiency of service on the part of the management of the hotel. Appellant has filed this appeal against the order of the NCDRC.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 380
Petitioner	The Managing Director, Kerala Tourism Development Corporation Ltd.
Respondent	Deepti Singh & Ors.
SCR	[2019] 5 S.C.R. 225
Judgement Date	2019-03-15
Case Number	6038

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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