JUDGMENT :

Dr Dhananjaya Y. Chandrachud, J

1. The Appeals are admitted.

2. These appeals arise from the judgment of the National Consumer Disputes Redressal Commission [“National Commission”] dated 28 April 2015.

3. A consumer complaint in regard to an alleged deficiency of service of the Kerala Tourism Development Corporation Ltd. [“KTDC”] was instituted by Ms Deepti Singh for and on behalf of herself and her two minor children. The complainants had booked accommodation at Hotel Samudra at Kovalam for a family holiday. On 21 March 2006 between 6.30 and 7 p.m., Satyendra Pratap Singh, the spouse of the first complainant and father of the two minor children entered the swimming pool of the hotel with his brother. Other guests of the hotel were present in the pool at that time. All of a sudden, Satyendra Pratap Singh became unconscious and sank into the pool. It was alleged by the complainants that on witnessing the incident, a foreigner who was in the vicinity in the pool lifted him out of the water. The incident is not in dispute. However, according to KTDC, the lifeguard on duty also jumped into the swimming pool. The victim was pulled out of the water and was taken to hospital. He di