Problem -1

Alok Shrama Versus NovaTech Company Private Ltd.

NovaTech is a company involved in designing online games. In 2018, the company

created a roar in the online market by designing a new game by name ‘War of Thrones’. The
game was basically meant to be played on mobile phones.

The game being extremely challenging one, grabbed attention of large number of users
in a very short span. The game became very popular and a big hit particularly among the
children and the youngsters throughout the world.

The mode of playing the game was that the user has to download the game on his
mobile phone through store App. In this process he had to agree to the terms and conditions
of the game. One such condition was that the user had to be above 18 years of age to register
and play the game. One he had registered successfully he was required to give proof of his
personal details. After successful registration each player was provided with a personal
administrator to observe the given tasks performed by the player. The game had 50 levels. At
each level the tasks went on becoming more and more difficult. Each task given to the player
had to be recorded by him and then uploaded with his personal id on the site. The
administrator would then decide whether the task was successfully performed. The
administrator would judge whether the player will move to the next level. Once the player
cleared all the levels, a golden throne appeared on his screen to declare him as the King of
Thrones. As the game becomes more and more challenging, the players get addicted to it and
are ready to take any risks to perform the task.

The game became so popular amongst the youth, that it soon entered into schools. The
State of Goa recognizing the harm of the game and its threat to the children, issued a notice
to NovaTech Company asking them to withdraw the online game in the State of Goa. In reply
to the notice the Company contended that the game was meant for youth above the age group
of 18 years. The game was solely designed to make the youth firm and competent to make
decisions. The game is purely meant for individual competence and observance and it is left
to the individual to that the decision on taking the risk of performing the task on provocation
or not. However the company assured the government that they would take special care in
keeping the tasks simple and which will in no way affect the health and safety of the users.
Thereafter the game continued to be available in the State of Goa.
 Alok Sharma, a boy of 12 years studying in 7th standard in St. Peters School in Cujira
of Panjim. The downloaded the game ‘War of Thrones’ on the mobile phone of his elder
brother using the personal details of his brother. He soon got addicted to the game and started
performing the tasks and uploading them on the website under the pretext of using the phone
for searching some school projects.

One day the task given to Alok by the administrator was to jump out of a moving bus.
Alok before recording his task to perfection wanted to have a rehearsal of the same. Alok got
into a bus and while the bus was moving, he jumped out of it. As a result he hit the glass screen
of a car which was immediately behind the bus. Alok was rushed to the hospital with multipal
injuries. After giving him all the necessary treatment and bringing him to stable condition, the
doctor informed Alok’s parents that there was a serious injury caused to Alok’s nervous system
and that he had become paralytic and would lead a vegetative life forever.

Shocked by the incident his parents tried to find out how the accident has occurred.
Soon the fact of game task was brought to the notice of Alok’s parents. Disappointed by the
fact and harm caused to their child by the online game and with the intention of saving the
lives of several other children who may fall prey to the game, Alok’s parents decided to sue
Nova Tech Company before the Consumer Forum.

The main contentions raised by the Petitioner were, firstly due to the injury caused to
Alok while performing the game task he has become paralytic forever. Therefore all the
present and future medical and other expenses for the same have to be paid by the Company
to Alok by way of Compensation worth 50 crores. Secondly, the game being a provocative
one, made the user take the risk of performing the task and thereby causing injuries to
themselves, was an act of abetment to commit suicide. Thirdly, that the Government of Goa
has to take a strict action against NovaTech Company Section 69 A of Information
Technology Act, 2000.