A person who goes to a fun and fair is a consumer and if any problem occurs to him because of the organiser’s negligence, is entitled to compensation.
A person who goes to a fun and fair is a consumer and if any problem occurs to him because of the organiser’s negligence, he is entitled to compensation. This order was passed by the National Consumer Dispute Redressal Commission in Haryana Institute of Fine Arts & another vs. Rajesh Mani Kaushik and others.
The Institute of Fine Arts organised a ‘Phulwari Children Bazar’ at Karnal with entertainment programmes and a fun fair. The Institute, which claimed to be an NGO, also gave stalls on rent. Kaushik, his wife and two children visited the Bazar and boarded a merry-go-round. When the merry-go-round was at full speed, the seat got detached and Kaushik and his family were thrown about 15-feet away. All sustained injuries.
Kaushik sued the Institute and the owner-operator of the ride for deficiency of service in the consumer forum at Karnal, claiming Rs4 lakh for treatment and trauma. The forum ordered the owner-operator of the ride to pay Rs20,000 as compensation to Kaushik. The Institute was absolved of all liability.
Dissatisfied, Kaushik approached the Haryana State Commission in appeal, and the compensation was enhanced to Rs1 lakh by an order. In addition, the State Commission held that the Institute was also liable to the complainant.
The Institute took the matter to the National Commission. They contended that they were an NGO and had no supervisory control over the owner of the merry-go-round. They had not charged any fee for entrance to the bazaar from the consumer and no liability could be attached to them under the Consumer Protection Act.
However, the National Commission held that the Institute was charging the owners of the stalls which showed that this was not a charitable event. It noted that the Institute was in control of the carnival area and hence could not wish away their liability. The order of the State Commission was hence upheld in its entirety.
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