M.B. Shah, President.— A young child, named, Jyotsna Jethani, met with a horrifying accidental death while getting out of escalator maintained by Airport Authority of India (AAI) (Opp. Party No. 1). A weeping mother and the grandfather have filed this complaint alleging deficiency in service on the part of the Opposite Parties which has resulted in chewing or crushing of their beloved daughter and hence claimed compensation for the irreparable loss.

2. The questions for determina-tion are— (a) whether complaint under the Consumer Protection Act, 1986 (hereinafter referred to as the C.P. Act) is maintainable? (b) If yes, whether there was any deficiency in service? (c) And, if yes, the quantum of damages.

3. The case also illustrates to what extent we have developed the tendency to deny the obvious, in litigation. Except admitting the trapping of young child in the escalator, the AAI has tried to dispute its liability and deficiency in service. We do not know when we would change our jurisprudence which encourages such attitude of denials and protracts litigation and increases burden on adjudicating Forums/Courts.

Case of the Complainant:

4. It is the case of the complainant that c