Swimming Coach and Club Held Liable for Safety of Boy Who Died
Camp organisers and coaches are liable for safety of students in their custody at the swimming pool, ruled the Maharashtra State Consumer Disputes & Redressal Commission (MSCDRC), in a case in which a young boy, Rohan Jetha, died in a swimming pool.
 
A swimming club had advertised that it was conducting a swimming camp for young boys for a fee of Rs1,200 per head. Geeta Jetha and Shailaja Rane sent their sons for the swimming camp. On 28 April 2003, Geeta Jetha was waiting for her son, Rohan, to return from the swimming camp. When she complained, the coach located the boy in the pool at a depth of 15 feet. Rohan was rushed to the hospital where he was pronounced dead due to drowning.
 
Geeta Jetha filed a complaint before the MSCDRC, alleging deficiency of service. The amount computed (based on earning potential) was Rs7,20,000. This was the award to the Geeta Jetha as compensation by the Commission. Another Rs1.8 lakh was awarded as compensation for shock and mental agony, taking the total amount to Rs9 lakh. The Commission directed that the total amount be paid along with 9% interest from 14 October 2003. If there was a delay of more than two months, on the part of the coach and the club, interest rate would be enhanced to 12%. Costs of Rs25,000 were also granted to Geeta Jetha.

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Rachana Fashion Studio Directed To Pay Compensation for Damaging Sari
The Central Mumbai District Consumer Disputes Redressal Forum directed Rachana Fashion Studio (RFS) , to pay a compensation of Rs13,000 after a client’s brand new Paithani sari was damaged. The sari had been given for attaching a fall and stitching a blouse. The sari had cost the complainant, Usha Marsurkar, Rs5,900.
 
Ms Marsurkar said that, on 27 June 2014, she had purchased the sari and it was given to her with a blouse piece. On 22 July 2014, she handed it over to the designer and paid Rs1,600 towards the charges for stitching a blouse, attaching a fall and doing the edging. On 6 August 2014, Ms Marsurkar noticed that her sari was damaged. It was pointed out to the designer on 8 August 2014, who accepted the mistake and kept the sari for repairing the damage. However, Ms Marsurkar complained to the Forum that the defect was not corrected.
 
The Forum sought the sari to be produced before it and pointed out that “ As there is damage, the opponent is bound to refund it.” The Forum said: “It is the responsibility of RFS to take utmost care of the clothes given by the consumer. No one will wear a damaged sari.”

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Mtech Developers Told To Refund Money to Home-buyer
The consumer forum of Gurgaon has directed a Delhi-based real estate firm, Mtech Developers, to refund Rs4.25 lakh to a buyer, Ashok Yadav, who had purchased a flat in Bhiwadi.
 
The order, passed on March 20 by consumer court judge Raj Kumar Tewatia, Mtech Developers was found guilty of breach of contract with Mr Yadav who had made a payment of Rs4.25 lakh in April 2007 as the booking amount for a plot in Phase 1 of Camellia Garden in Bhiwadi. He sought a refund when the builder did not allot the flat after more than two years. The company had agreed to refund the money in eight equal instalments but it stopped making payments after three instalments. Mr Yadav moved the forum in 2009 seeking the balance payment of Rs2.65 lakh.
 
“The opposite parties have adopted unfair practices by not refunding entire amount. Complainant is entitled to refund of balance of Rs2.65 lakh along with interest at 9% from date of deposit till realisation. Complainant is awarded Rs30,000 compensation for harassment and mental agony. He is also entitled to litigation expenses of Rs11,000,” the order read. The judge said that the order had to be complied with, within 30 days, failing which the complainant is entitled to interest @12% per annum.

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