Negligence under the Consumer Protection Act was established, allowing recovery for wrongful death.

1. Heard Mr. Satyajit Sen, Advocate, for the complainants and Mr. Suresh Chandra Tripathy, Advocate, for the opposite parties.

2. Gangadhar Shamandas Manglani and others (heirs and dependants of the deceased Mukesh G. Manglani) have filed above complaint for directing the opposite parties (i) to pay Rs. 29,381,046.78 as compensation, for death of Mukesh G. Manglani, (ii) to pay Rs. 7,00,000 as the cost of litigation and (iii) any other relief, which is deemed fit and proper in the case.

3. The facts as stated in complaint and emerged from the documents are that late Mukesh Gangadhar Manglani was serving as Sales Director in Riddhi Technology, Pvt Ltd. Vatva, Ahmedabad and drawing salary of Rs. 27,000 per month. In connection with his business tour, he booked one A/C room in Hotel Lucky India. (A Unit of S.K. Mineral Handling Pvt. Ltd.) (the opposite parties) for 3.8.2012 to 5.8.2012. He checked in on 3.8.2012 in Hotel Lucky India and stayed in Room No. 301. On 4.8.2012 at 4:00 hours, while sleeping, the fire broke out in the hotel, in which, three guests including Mukesh Gangadhar Manglani died due to burn injury and asphyxia due to inhalation of carbon - dioxide and carbon - mono - oxide. Injured / deceased were taken to Community Health Centre, Barbil at 6.15 hours, where they were declared dead. On the complaint of Dr. Sachindra Kumar Das, FIR No. 12/2012 was registered at Police Station Barbil on 4.8.2012 at 7:45 hours under S.285/337/304 - A, IPC. In which, after investigation the police submitted Charge Sheet No. 95 dated19.5.2014, against S.K. Behra (opposite party - 2). The police made Inquest of the dead body of Mukesh Gangadhar Manglani on 4.8.2012 at 10.30 hours at CHC Government Hospital, Barbil and sent the dead body for post mortem and post mortem was done on 4.8.2010 at 16.10 hours at CHC Barbil, in which, cause of death was noted as Asphyxia due to inhalation of carbon - dioxide and carbon - mono - oxide, which might be due to accidental burn. Kailash Kotwani, the proprietor of Riddhi Technology, Pvt Ltd. Vatva, Ahmedabad was informed about the incident, who informed the complainants. Then complainants - 1 to 3, Girish GangadharManglani, Kailash Kotwani, Prakash and Deepak came to Kolkata taking flight from Ahmedabad, from where they went to Barbil through road, reaching there at 11.00 hours on 5.8.2012. Complanants - 1 to 3 cremated the dead body at Barbil and came back to Ahmedabad, taking flight from Bhubaneswar. This complaint was filed on 5.8.2014, claiming compensation as mentioned above. The office has reported 2 days delay in filing the complaint. It should one day as incident occurred on 4.8.2012. In the interest of justice we condone the delay in filing the complaint.

4. The opposite parties filed their written reply on 25.5.2016, in which, the material facts, as stated in the complaint, have not been denied. It has been stated that Hotel Lucky India was put into operation in the year 2007, after obtaining licence from Municipal Authorities on 25.7.2007. It was a three floor building, consisting 6 rooms and two exit points at each floor. Electricity supply was from Orissa North Eastern Electricity Supply Company Ltd., vide agreement dated 13.8.2007. Electricity load was enhanced from 256 KVA to 35 KW on 6.3.2009. Ever since, periodical inspection was conducted by Electrical Inspector, besides the staff of Orissa North Eastern Electricity Supply Company Ltd. There was no adverse report, in respect of installation of electricity connections. On each floor of the building one fire extinguisher and smoke detectors / fire sensors were installed, which was checked regularly. On the date of incident, fire ext