IMPORTANT POINT
Quantum of compensation must be commensurate with degree of loss suffered.

Vinay Kumar, Presiding Member—First Appeal No.106 of 2011 is filed by the Complainants, seeking enhancement of compensation of Rs.2 lakhs, awarded by the West Bengal State Consumer Disputes Redressal Commission, in SC Case No.35 of 2002. First Appeal No.133 of 2011, arising out of the same matter, is filed by the OPs/Indian Oil Corporation and others with the prayer to set aside the order of the State Commission. Both the appeals are therefore, taken up together for disposal.

2. Appeal No.133 of 2011 has been filed by the appellant/Indian Oil Corporation with a delay of 26 days. Considering the grounds mentioned in the application for condonation, this delay is condoned and matter considered on merits.

3. The appeal filed by the Complainants, Uttam Kumar Atarthy and seven others for enhancement of compensation arises from the fact that the Complainants had together sought a total compensation of Rs.16.8 lakhs. As against this, the impugned order has awarded Rs.2 lakhs towards compensation and Rs.10,000/- towards costs to be paid by all OPs jointly, excluding OP-5. The complaint has been dismissed against OP-5, proprietor of the Kitchen Mate, distributor of LPG Gas.

4. The case of the Complainant before the State Commission was that in 1984 the Complainant No.1 had got LPG gas connection from the OPs, with Consumer No.9264. It was converted into double cylinder connection in 1991. The distributorship of S.K. Trading, Benachity, Durgapur, to whom this connection was attached, was cancelled. Their consumers were diverted to another distributor, OP-5 for some time. OP-5 directly distributed gas cylinders to the consumers twice a week in the area of the Complainant. Subsequently, it was advertised through local cable network that there would be several extension counters for distribution. OP-5 “Kitchen Mate” had his extension counter at Gurudwara Road, which was nearest to the Complainant. From this counter gas cylinders were made available on cash payment basis on returning the empty cylinders. There was thus, no need for prior booking of the cylinder.

5. On 23.3.2001, Complainant No.1 obtained the delivery of a cylinder, with a given number. When an attempt was made to connect it to the gas oven, a large quantity of gas started leaking out from the cylinder. This was followed by an explosion and fire in the kitchen in which, several members of the family received burn injuries.

6. The injured were brought to the local hospital and later six of them were shifted to two Calcutta hospitals on 26.6.2001. In the next two weeks, two victims of this incident succumbed to their burn injuries. The survivors were still undergoing treatment when this complaint was filed with the State Commission. While the accident took place on 23.3.2001, the consumer complaint was filed on 16.5.2002.

7. This accident was reported to the local police and a representation was also made to the General Manager, Indian Oil Corporation, Eastern Region. The concerned cylinder was seized by the police and got examined by a forensic expert viz., the Forensic Science Laboratory, Calcutta. The report stated that the nozzle valve of the LPG cylinder was defective and LPG came out from the cylinder mouth, like a jet under heavy pressure, which caused fire. It was alleged that the OP was negligent in marketing a defective cylinder without proper examination and this amounted to a deficiency in service.

8. The claim of the Complainants was contested by the OPs, denying the allegations of negligence and supply of defective cylinder. It was also argued on behalf of OP-5 that no specific allegation is made against it. The State Commission took note of the claim of Complainant No.1 that he had become consumer of OP-5, kitchen-Mate due to cancellation of the distributorship of the earlier distributor, S.K.Trading. The Commission observed that the Complainants have not produced any document to show that the cylinder was purchased from OP-5. Nor