Above: NCRDC/Photo: Anil Shakya
Parents (Amarlapudi Shyam Rao and another) of a B. Tech. student of National Institute of Technology, who died when he sank in a lake during an unauthorized picnic, have approached the court for compensation and the institute is fighting back at the National Consumer Disputes Redressal Commission (NCDRC). The case is before the court of justice A Bharihoke.
The matter came up as First appeal. This is a complaint filed under section 17(1)(a)(i) of the Consumer Protection Act, 1986 by the Complainant to direct the opposite party to pay Rs 10 lakhs as compensation for mental agony, to pay Rs 15 lakhs towards compensation for loss due to death of their son and Rs 1,00,000 towards transportation charges and funeral expenses.
The facts of the case, are that the son of the complainants who was a bonafide student of B. Tech with the Opposite Party (the institute) and continuing his studies by staying in hostel of the OP. At the time of admission, the OP had agreed and undertaken by giving an assurance with regard to life and education of the son of the complainants. While so, on December 9, 2011 the complainants received a phone call from P S Pasra of Warangal District stating that their son died accidentally by falling in the Lakkavaram Lake.
When the complainants questioned about the death of their son, the OP stated that their son along with other friends went to the picnic without prior permission to the Lakkavaram Lake. The complainants lodged a complaint with the police and the police registered a case and filed final report stating that it is ‘accidental death due to drowning’.
The complainants submitted that their son was a bright student and he had a very good future and that due to the sudden death of their son the complainants have suffered mentally and physically.
The death of their son is only due to gross negligence on the part of the institution of the OP in allowing their son to go far from the place where their son was studying. Therefore, the complainants got issued a legal notice dated April 23, 2012 to the OP calling upon it to pay damages of Rs 10 lakhs towards mental agony and also pay Rs 15 lakhs towards compensation for the death of their son along with Rs 1,00,000 towards transportation and funeral charges. The OP gave reply dated May 10, 2012 with false allegations.
On Tuesday (January 30) the counsel for the applicant prayed for an adjournment. The next date of hearing is May 14.
—India Legal Bureau