Justice Mr. B. B. Vagyani, Hon'ble President: - The Complainants who are parents of deceased Master Parimal, have filed this case against the O.Ps. for grant of compensation of Rs.20 lakhs. In brief the facts giving rise to the complaint are as under:

2. O.P. No.1 is Municipal Corporation established under the provision of B.P.M.C. Act and is the owner of the swimming pool wherein unfortunate mishap of drowning of the only son of complainants took place. The swimming pool is known as Nande Swimming Pool admeasuring 25 x 12 mts. The resolution came to be passed by the Standing Committee of Pune Municipal Corporation to give Nande Swimming Pool to Aundh Sports Club on contract for a period of five years commencing from 12 - 3 - 98. In Pursuant to the resolution of the standing committee a written contract was executed between Pune Municipal Corporation and Aundh Sports Club on 16 - 7 - 98. The possession of swimming pool was handed over to Aundh Sports Club for the purpose of running the swimming pool. Pune Municipal Corporation however retained the power of supervision and control over the swimming pool. As per terms and conditions of the contract the Corporation retained the right of inspection and supervision. The Corporation used to do periodical inspection of swimming pool. The water of the swimming pool was tested in the laboratory .

3. By virtue of the terms and conditions of the contract the Aundh Sports Club was authorised to collect and recover the fees from the members. Aundh Sports Club had agreed to pay annual installment ofRs.4,88,328/ - to the Corporation. Aundh Sports Club was to pay in all five installments to the Corporation. Liability arising out of accident was taken by the contractor.

4. The deceased Parimal enrolled his name for morning batch commencing from 7 a.m. He paid a cash amount of Rs.1l2.50 to Aundh Sports Club. Aundh Sports Club issued a receipt to Master Parimal for having received from him monthly fees of Rs.112.50 ps. Master Parimal went to Nande Swimming Pool at 6.45 a.m. on 20 - 4 - 2000. He did not return home within a reasonable time. Out of anxiety father of Parimal went to the swimming pool. Mr. Sambhus who was present at the entrance of the swimming pool, met the father of Parimal and asked to identify the clothes lying near the pool. He also told the father of Parimal that one dead body was lying at the bottom of the swimming pool. Intimation was already given to the Police. Police Officer along with Panchas arrived at the spot. Dead body was taken out of the swimming pool. It was the dead body of Parimal. Police prepared Panchanama at 3.45 p.m. on 20 - 4 - 2000. F.I.R. was lodged. Crime under Section 304 - A read with 34 Indian Penal Code was registered. The dead body of Parimal was sent for the purpose of post - mortem examination. Postmortem examination was carried out on the dead body of Parimal. The cause of death of Patimal was due to asphyxia due to drowning. No external injuries were noticed on the body of Parimal. The parents of the deceased Patimal attributed gross negligence to the contractor as well as Pune Municipal Corporation. They served legal notice dated 29 - 7 - 2000 on the O.Ps. O.P. Nos.3, 5, 9 sent their replies. There after complainants filed complaint on 7 - 10 - 2000. O.P. Nos.1 & 2 filed their common Written statement O.P. Nos.9 & 12 filed their common written statement. O.Ps.3 to 8, 10, 11 & 13 filed common written statement.

5. Pune Municipal Corporation contended in the written statement that there was no privity of contract between the deceased and the Corporation and therefore consumer complaint is not maintainable in law. It is specifically contended in the Written statement that privity of contract was between the deceased Parimal and Aundh Sports Club and this being the position, Pune Municipal Corporation is not in any way liable to pay any compensation to the complainants. It is also contended in the written statemen

Click Here to Read the rest of this document