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2006 Supreme(Guj) 41

B.B.VAGYANI, ANJALI DESHMUKH, S.G.NAGARALE
Bharat Petroleum Corporation Ltd. – Appellant
Versus
Dilip A. Satre – Respondent


Judgment

B.B. Vagyani, President.—This appeal filed by the Bharat Petroleum Corporation Ltd. and another is directed against the order dated 17.12.2004 passed by the District Consumer Forum, Kolhapur in Complaint No. 640/2000.

2. Respondent No. 1/org. complainant had accepted the delivery of gas cylinder from Suraj Gas Agency. Gas cylinder was delivered to the complainant on 10.04.2000. There was a fire on 22.04.2000 on account of alleged leakage of gas cylinder. Consumer attributed gross manufacturing defect in the gas cylinder. Because of fire, heavy loss was caused to the consumer. Consumer, therefore, filed consumer complaint against Bharat Petroleum Corporation Ltd., its Manager, Suraj Gas Agency and Branch Manager of United India Insurance Co. Ltd.

3. Forum below allowed the complaint and directed all the O.Ps to pay Rs. 75,000/- to the complainant by way of compensation. Bharat Petroleum Corporation Ltd. has taken exception to the impugned order.

4. Learned Advocate Smt. S.V. Sonawane has highlighted the issue of privity of contract with a special reference to the Clause No. 17 of the Agreement with regard to distributionship. Clause No.17 reads as under:—

“In all contracts or









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