Legal Question in Consumer Law in India

Re: swimming pool case

Yes. And, you will win.

M C Gupta

MD, LL.M.

Advocate and Medico-legal Consultant

[email protected]

Re: swimming pool case

It would be better if u file a criminal case against the hotel management for their negligence resulted in death instead of approaching the consumer forum. The service taken by your brother and his friend is worth about 60 Rs only, So there is very less probability to get adequate compensation though your brother has lost his life. Maximum what can be done by consumer forum, they can give the remedy in the form of �Punitive Damages� but the criminal court may give the order of imprisonment to the manager apart then the grant of compensation to u. So move towards criminal court of the competent jurisdiction with a sharp minded lawyer. for further assistance I can be reached at [email protected]

Re: swimming pool case

Its a good case for compensation. But the consumer court is not a good option. File a case under the provisions of Fatal accident act, and claim compensation.

Re: swimming pool case

good morning

it would be much better if you file a criminal case against the hotel owner

Re: swimming pool case

you can not only file a claim against the owner of the hotel, but can also make a criminal complaint of Criminal Negligence against the owner and the person incharge of the swimming pool.

Re: swimming pool case

since your brother has died while in a private swiming pool, i presume that an FIR must have been registered and the owner is prosecuted. This is criminal remedy. If for any reason police is not taking action, you can approach criminal court u/s. 156 (3)Cr.P.C. for registration of FIR. You have sought opinion about approaching Consumer court. Yes you can do so but the better option will be to go for damages in a civil court. Crminal Case along with damages suit will get you adequate damages.

Re: swimming pool case

In present case it was your brother who was the consumer.you can approach consumer court.In fact it is a case of negligence and you can claim damages for causing death by negligence against the hotel and its owner beside that you can also file criminal complaints against the hotel's owner.

Re: swimming pool case

you can go in consumer forum but i will advice you to go in criminal court also for proper legal action.

For further and detailed advice contact me. Consultation charges will apply