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KUMKUM RANI, C. M. SINGH
Parwat Gas Agency Through Managing Director – Appellant
Versus
Mohd. Aziz – Respondent
ORDER
Kumkum Rani, President—This appeal under Section 15 of the Consumer Protection Act, 1986 has been directed against judgment and order dated 06.09.2013 passed by the learned District Consumer Disputes Redressal Forum, Nainital (hereinafter to be referred as the District Commission) in consumer complaint No. 09 of 2011 styled as Mohd. Aziz vs. M/s Parwat Gas Agency and Another, wherein and whereby the complaint was allowed directing the opposite party No.1 - M/s Parwat Gas Agency, Managing Director, Kumaun Mandal Vikas Nigam, Nainital to pay Rs.1,25,000/- as compensation alongwith interest @ 6% per annum from the date of filing of the complaint till its actual realization to the complainant within 30 days from the date of judgment and order. It was further ordered that the opposite party No. 1 shall pay Rs.3,000/- to the complainant as litigation charges. The said complaint was dismissed against the opposite party No 2.
2. The facts giving rise to the present appeal, in brief, are as such that the complainant is the resident of Rajmahal Compound, Mallital, Nainital. The complainant took cooking gas cylinder from the opposite party No. 1 vide Customer Serial No. 18741, S.B. Seri
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....
“Re-appreciation and re-assessment of evidences under revisional jurisdiction not permissible.”
Insurance Policy, viz; Standard Fire & Special Peril Insurance Policy – Repudiation of claim not justified – Complainant is Consumer as he filed claim for recovery of amount assessed by surveyor.
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....
(1) Privity of contract - It is also well settled that provisions of Consumer Protection Act, 1986 are not applicable as the appellant-complainant ceases as per the Act and the privity of the contrac....
Insurance – Storage of goods in extended portion of shop is in violation of terms and conditions of insurance policy.
Goods damaged in short circuit due to fire – Liability of DTDC will extend to its destination place.
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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