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A. K. TIWARI, SRIKANT PANDEY
Keshav Rao – Appellant
Versus
Sanchalak, Shivalaya Sona – Respondent
ORDER
A.K. Tiwari, Presiding Member—This appeal by the complainants is directed against the order dated 08.08.2013 passed by the District Consumer Disputes Redressal Commission, Betul (for short the ‘District Commission’) in C. C. No. 46/2010 whereby the complaint filed by them has been dismissed.
2. Facts of the case in brief are that the complainant no.2 had obtained a LPG connection no. 610772 from the opposite party no.1. On 01.03.2009 at 8 PM when the plastic cap from the LPG cylinder was removed for installation, it was found that the gas leaked out as there was no safety nozzle. The complainant no.1 tried to stop the flow of gas by his hand but he could not control the same and by that time gas sprayed and fire broke out in the whole. People came and extinguished the fire. It is alleged that the complainant no.1 got scorched by the fire in the said incident. He was treated in District Hospital, Betul. The police also prepared the panchnama. He remained admitted in Mure Hospital Nagpur for treatment from 02.03.2009 to 18.04.2009, thereafter also he was treated in District Hospital, Betul. It is alleged that incident occurred due to defective LPG cylinder provided by the oppos
(1) Terms and Conditions - The terms and conditions given in ‘C-1’ are to be followed by every consumer.(2) Evidence Act - It is well settled principle that the complainant has to prove the pleadings....
“Re-appreciation and re-assessment of evidences under revisional jurisdiction not permissible.”
Absence of Privity of Contract – absence of privity of contract is not a bar for maintaining a complaint against a service provider, by a third party who suffers an incident, which is otherwise cover....
Fire accident in residential house of complainant due to leakage in gas cylinder—Without proving fact of loss, impugned judgment and order of District Commission concerned for its payment is not prop....
The court affirmed the entitlement of accident victims to ex gratia compensation under insurance policies while condemning negligence in safety practices and awareness of insurance coverage responsib....
Suspicion cannot replace conclusive proof in insurance claims regarding unauthorized modifications.
(1) Once a judicial forum comes to conclusion that it lacks jurisdiction in the matter, it must refrain from making any observations on merits of case.(2) Electricity – Being a customer/consumer with....
Insurance Company is bound to indemnify loss in terms of insurance cover.
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