Discuss case laws related to water sports covered under the Consumer Protection Act.

While there may not be many specific case laws related to water sports covered under the Consumer Protection Act in India, there have been instances where consumer complaints regarding water sports activities have been adjudicated by consumer forums. Here's a hypothetical scenario illustrating how the Consumer Protection Act could apply to water sports activities, along with potential case laws:

Scenario:
Suppose a consumer, let's call him Mr. Sharma, books a scuba diving excursion with a water sports company for himself and his family during their vacation. However, during the activity, Mr. Sharma suffers an injury due to the negligence of the scuba diving instructor. He decides to file a complaint with the consumer forum seeking compensation for the damages incurred.

Potential Case Laws:

1. Duty of Care and Negligence:

• In the case of Mr. Sharma v. XYZ Water Sports Company, the consumer forum held the water sports company liable for negligence, as they failed to ensure the safety of participants during the scuba diving activity. The forum ruled in favor of the consumer and awarded compensation for the injuries sustained due to the company's negligence.

2. Deficiency in Service:

• In the case of Ms. Gupta v. ABC Adventure Tours, the consumer forum found the adventure tour company guilty of deficiency in service for failing to provide the promised quality and safety standards during a white-water rafting expedition. The forum ordered the company to refund the tour fee and compensate the consumer for the inconvenience and mental anguish caused by the subpar experience.

3. Unfair Trade Practices:

• In the case of Mr. Singh v. PQR Water Sports Resort, the consumer forum ruled against the resort for engaging in unfair trade practices by falsely advertising snorkeling excursions as being conducted by certified instructors when, in reality, the instructors lacked proper training and certifications. The forum directed the resort to cease deceptive advertising practices and compensate affected consumers for any harm or loss suffered.

4. Breach of Contract:

• In the case of Mrs. Patel v. MNO Water Sports Club, the consumer forum held the water sports club liable for breach of contract for canceling a scheduled parasailing session without prior notice or offering a suitable alternative. The forum ordered the club to refund the booking fee and compensate the consumer for the inconvenience and disappointment caused by the abrupt cancellation.

5. Compensation for Personal Injury:

• In the case of Mr. Khan v. LMN Water Sports Pvt. Ltd., the consumer forum awarded substantial compensation to the plaintiff for the severe injuries sustained during a jet ski accident due to the negligent operation of the water sports equipment by the company's staff. The forum held the company responsible for the accident and emphasized the duty of care owed to consumers participating in water sports activities.

These hypothetical case laws demonstrate how the Consumer Protection Act can be invoked to seek redressal for grievances arising from water sports activities, including injuries due to negligence, deficiency in service, unfair trade practices, breach of contract, and compensation for personal injury. They underscore the importance of ensuring consumer safety, fair treatment, and accountability in the water sports industry to protect consumers' rights and interests.