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CHANDIGARH CONSUMER DISPUTES REDRESSAL COMMISSION
K.C. Gupta, President, Maj. Gen. S.P. Kapoor and Devinderjit Dhatt, Members
BHARAT PETROLEUM CORPORATION LTD. - Appellant
Versus
RATTAN LAL AND ORS. - Respondents
Appeal Case No. 1019/2002(Hry)/RBT of 1558 of 2008
Decided on : 14-01-2009
Consumer Dispute - Bursting of Gas Cylinder - Consumer Protection Act, 1986 - Section 2(1)(g), Section 2(1)(o), Section 2(1)(r), Section 2(1)(u), Section 14(1)(d), Section 14(1)(f), Section 14(1)(g), Section 14(1)(h), Section 14(1)(i), Section 14(1)(m), Section 14(1)(o), Section 14(1)(p), Section 14(1)(q), Section 14(1)(r), Section 14(1)(s), Section 14(1)(t), Section 14(1)(z), Section 21, Section 27 - The court discussed the liability of the gas agency and the insurance company under the Consumer Protection Act, 1986. It interpreted the provisions related to deficiency in service and compensation, and considered the evidence presented to determine the cause of the fire and the liability of the parties involved. The court's decision was influenced by the lack of evidence to establish gas leakage as the cause of the fire, leading to the dismissal of the complaint.
Fact of the Case:
The complainant's house was damaged due to the bursting of a gas cylinder, and he filed a complaint alleging deficiency in service.
Finding of the Court:
The court found that the complainant failed to establish that the cause of the fire was gas leaking from the cylinder, leading to the dismissal of the complaint.
Issues: Liability for damage caused by bursting of gas cylinder, evidence of gas leakage as the cause of fire, and deficiency in service.
Ratio Decidendi: The complainant's failure to establish the cause of the fire as gas leakage led to the dismissal of the complaint.
Final Decision: The appeal was accepted, and the complaint was dismissed with no order as to costs.
ORDER
K.C. Gupta, President - This appeal has been directed by opposite party No. 2 against order dated 5.4.2002 passed by Consumer Disputes Redressal Forum, Bhiwani (hereinafter to be referred as District Consumer Forum), vide which complaint of Rattan Lal respondent No. 1 was accepted and the appellant as well as respondent No. 2 M/s. Om Gas Service (OP No. 1) and OP No. 3 (Deputy Divisional Manager (Gas), Bharat Petroleum Corporation ( as mentioned in the complaint) were directed to pay compensation of Rs. 22,500 along with costs of Rs. 500 within two months from the date of order i.e. 5.4.2002, failing which compensation amount would carry interest @ 12% p.a. from the date of default till payment.
2. Briefly stated the facts are that Sh.Rattan Lal respondent No. 1 (complainant) is resident of Bhiwani. He got gas connection from Om Gas Service (respondent No. 2) and the said gas agency was taken by respondent No. 2 from the appellant as well as OP No. 3. His consumer No. was OM-127. He got issued gas cylinder on 6.11.1997 after making payment of the price of the same and started using the gas cylinder on the same day.
3. It was next averred that on 7.11.1997 Sh. Rattan Lal went to visit his in laws at village Bond and returned on 8.1.1997. His wife Smt.Murti also on 7.11.1997 went to attend Satsang along with children after locking the house. She had switched off the regulator of the cylinder before going to Satsang. At about 5.00 p.m., one Ram Phal informed her that her house had caught fire. The fire was extinguished with the help of fire brigade and with the help of Sh.Mahabir, brother of Rattan Lal and his neighbours.
4. It was next averred that due to bursting of gas cylinder, his house was extensively damaged and many other articles of the house were also damaged in the fire. He gave information to the appellant as well as to respondent Nos. 2 and 3 regarding the damage caused due to bursting of gas cylinder and also sent registered notice and lodged DDR dated 9.11.97. The loss was got assessed from Sh. Som Parkash Arora who assessed loss to the tune of Rs. 37,800. The other losses were suffered to the extent of Rs. 30,000 but no amount was paid to the complainant.
5. Alleging deficiency in service, the complaint was filed.
6. Appellant as well as respondent No. 2 and OP No. 3 contested the complaint and filed joint written statement. They denied the allegations and stated that the burst cylinder was not attached with the gas stove. It was kept in the wood and dung cakes and above the wood and dung cakes, there was a place of worship and a Diya was kept burning at the place of worship in the Aalla and the said Diya fell down on the wood and dung cakes which caused bursting of the gas cylinder. They further stated that Sh.Rattan Lal was not present in the house on 7.11.1997 and his wife did not switch off the regulator of the gas cylinder while going to Satsang and as such they were not liable to pay any amount.
7. New India Assurance Company Respondent No. 3 also filed written reply and stated that the gas agency had taken insurance policy but its liability was with respect to cylinders lying in the godown of the insured and also when cylinders were to be carried from the godown to the premises of the customer but it was not liable to any damage caused by the bursting of the cylinder at the house of the customer.
8. Parties adduced their evidence by way of affidavits.
9. After hearing Counsel for the parties, District Consumer Forum vide order dated 5.4.2002 accepted the complaint as stated in the earlier part of the judgment.
10. Aggrieved by the said order, OP No. 2-Bharat Petroleum Corporation Ltd has filed the present complaint.
11. We have heard Counsel for appellant Mr. Raman Sharma, Advocate, Counsel for respondent Nos. 1 and2 Mr. Aman Behl, Advocate, Counsel for respondent No. 3 Mr. Vinod Mahendru, Advocate and carefully gone through the file.
12. It is an admitted fact that Sh.Rattan Lal-respondent No. 1 (complainant) is
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