Bengaluru Family's Holiday Turns Tragic: Daughter Drowns at Unsupervised Resort Pool
A family vacation turned into a nightmare for a Bengaluru couple after their 12-year-old daughter drowned in an unsupervised swimming pool at a resort in Hassan district. The tragic incident has led to a ruling by the Bengaluru Urban II Additional District Consumer Disputes Redressal Commission, which has ordered the resort owners to pay Rs 10 lakh in compensation, along with 6% interest, to the grieving parents.
The Incident: A Day of Fun Turns to Tragedy
On May 28, 2023, Dhanaraj, a software engineer, and his wife Veena took their daughter Kushi, a Class 6 student, to Dwarasamudra Resort, near Belur in Hassan, for a weekend getaway. The resort had been recommended by a colleague. They were joined by Veena’s sister Deepa and her children, Ricky Roy and Sara. The family booked two rooms for Rs 15,000, paying an advance of Rs 8,000 via UPI.
The family arrived at the resort around 1:15 pm, after which they went to have lunch at the restaurant. While the couple was dining, the children went to play near the swimming pool, unaware of the risks. It was only when their niece, wet and panicked, ran to them that the parents realized something had gone terribly wrong.
Rushing to the pool, the couple discovered their nephew, Ricky Roy, drowning and their daughter Kushi lying unconscious. The family quickly took both children to the nearest hospital, 10 km away, but Kushi was declared dead on arrival. Ricky Roy survived the ordeal.
Negligence and Lack of Safety Measures at the Resort
The parents alleged that the swimming pool was not only unsupervised but also lacked basic safety precautions such as lifeguards, safety signage, and medical assistance. The resort’s failure to ensure a safe environment for guests, particularly children, was central to their complaint.
The case was reported at the Arehalli police station, and the postmortem confirmed that Kushi’s cause of death was asphyxia due to drowning.
Consumer Complaint and Legal Outcome
In June 2024, Dhanaraj and Veena filed a consumer complaint against the resort, accusing it of negligence and deficiency in service that led to their daughter’s untimely death. In defense, the resort’s owners, CR Vijaya Keshava and his son CV Apurva, claimed that they were only tenants and not responsible for the management of the swimming pool. However, the commission found that they had constructed and were operating the pool under the resort’s name, Dwarasamudra.
The commission also noted that the resort was operating without a trade license and failed to produce a written defense. The resort had constructed the pool without adhering to safety standards, and the swimming facility was not built according to sanctioned plans.
Ruling: Gross Deficiency in Service
After reviewing all evidence, including the court records and civil suits filed by the resort proprietors, the commission concluded that there was clear negligence on the part of the resort. It found that the resort had failed to provide a safe environment for its guests. In its ruling, the commission stated that the incident could have been avoided had basic safety measures been in place, including a lifeguard, signage about pool depth, restrictions on unsupervised entry, and emergency medical facilities.
The commission ruled that this amounted to gross deficiency in service and directed the resort owners to compensate the bereaved family with Rs 10 lakh, along with 6% interest from June 18, 2024.
A Call for Greater Accountability in the Hospitality Industry
This tragic incident highlights the importance of safety measures in places where children and families gather for recreation. Resort owners and operators are being reminded of their responsibility to ensure a secure environment for all guests, particularly when children are involved.
The family’s fight for justice continues to underscore the need for more stringent regulations and enforcement of safety standards at resorts and recreational facilities across the country.
