IMPORTANT POINT
Club is bound to take care of its members in time of need.

Anup K. Thakur, Presiding Member—First Appeal No.170 of 2012 challenges the order dated 21.2.2012passed by Gujarat State Consumer Disputes Redressal Commission, Ahmadabad (State Commission) in Consumer Complaint No.3 of 2006 and has been filed under Section 19 of the Consumer Protection Act, 1986 by the appellants/opponents – Surat City Gymkhana, a registered Trust and society.

2. Facts relevant to the appeal are as follows. Sri Tarun Sharma, husband of respondent complainant 1 and father of respondent complainants 2 & 3, was a life member of appellant opposite party no. 1 and by virtue of this, his wife and children were also members of the said organization. This organization provides amenities for swimming and various sports activities to its members. On 16.12.2005, Tarun Sharma was at the club as usual. However, on this fateful morning, he tumbled on the ground while on his morning walk. In the absence of any staff/official of the Club, it was left to one other member to take him in his car to Mahavir Heart Institute Hospital, some 5-6 km. away at around 7.30 a.m.. Dr. Apurva Vasavada at the hospital opined that there had been brain damage. So, Dr. Apte, a neurologist was consulted who post-examination, confirmed brain damage. On 17.12.2005 at 2.45 p.m., doctors of Mahavir Hospital declared him dead.

The complaint is that there was no one from the organization’s side to attend to Tarun Sharma when he tumbled and fell. No first aid or any kind of primary assistance was administered to him. Precious time was lost in reaching him to a hospital. This amounted to serious callousness, unfair trade practice and deficiency in service. It is alleged that Sri Tarun lay on the track for quite some time, 30 minutes or so, and that the delay in reaching him to a hospital was critically fatal. The respondent complainants Nos.1 to 3 lodged compliant with the State Commission, seeking the following reliefs:-

(i) Rs.40,00,000/- compensation with 9% interest from the date of complaint to the date of payment;

(ii) Rs.5,00,000/- each to the 3 complainants as compensation for mental tyranny, harassment and hardship;

(iii) costs incurred.

3. This complaint was contested before the state commission. The appellants opposite parties1 to 3 submitted that their organization was a trust, a society formed by and for its members and thus no individual responsibility could be fixed on its officials. Further, it was a non-commercial, non-profit, non-business organization, run by and for the benefit of its members. As such, the complainant member was not a consumer (and by implication the organization could not be considered a service provider). The organization was registered as a Public Trust and had taken a Public Liability Non Industrial Risk policy with National insurance Corporation Ltd. for Rs.25 lakh.

4. Facts and sequence of events were also contested. The appellant opposite party no. 1 held that the club had facilities for regular medical check- ups of its members; however, the deceased never availed of the same nor had he given any intimation to the club of his heart problem. On 16.12.05, the deceased came in at 6:30 a.m. and was walking at 7 a.m. There were members walking behind him. So when he fell, one member, Sri Kishan Mehra immediately ran to him and ‘started giving him treatment’. Further, as 13 staff including instructor are always present from 5:30 a.m., at 7:15 a.m., they came to know and administered first aid immediately, including oxygen. Instructor Sri Yogesh Gambla, Kishan Mehra and Manager Sri Prakshbhai were in attendance. Sri Tarun Sharma was rushed to hospital as soon as possible and the delay that would have been there had they called an ambulance was also not there. In this way, there was no delay and no deficiency in service. Further, Manager as also Kishan Mehra had intimated his wife/complainant 1 at 7:15 a.m., so there was no delay in informing the family either. The certificates of the two Doctors of the hospital whi