case filed under district consumer forum

there is a london based company providing holiday package in goa india. it operates its business through its website. mr and mrs alexander from delhi, india booked a holiday package from them which included stay at a 5 star hotel , sightseeing, buffet meals and recreational sports like scuba diving and snorkelling.They enjoyed the stay at 5 star hotel and when they went for scuba diving the tour manager mr D'cruz told them that scuba was not a part of this tour package any more.If they want to do scuba they have to pay 1000 per person additional amount.At that time they paid the additional amount.Due to scuba mrs alexander suffered pain in her ear. due to this they came back midway and decided to do rest for that night. the pain remained for few days and when they consulted a ENT doctor .There it was detected that her tymapnic membrane of ear was ruptured which may result in permanent hearing loss. this was because of change in pressure during scuba diving.Aggrieved by this mr alexander filed a case in consumer court. Would the company be held liable?