Liability for compensation arises from the failure to process insurance claims amidst deficiency in service regarding consumer safety.

1. Heard Mr. Sanjoy Kumar Gosh, Advocate, for Sourav Das, Ms. Priya Puri, Advocate, for Indian Oil Corporation Limited, Mr. N.R. Mukerji, Advocate, for M/s. Sneha Gas Services and Mr. Saroj Kumar Pandey, Advocate, for National Insurance Co., in above appeals.

2. Above appeals have been filed from the order of West Bengal State Consumer Disputes Redressal Commission, Kolkata, dated 11.3.2020, passed in CC / 62/2009, partly allowing the complaint and directing Indian Oil Corporation Limited and M/s. Sneha Gas Services, jointly and severally, to pay compensation of Rs. 16,00,000 and litigation cost of Rs. 25,000, for death of Subhendu Kumar Das and Smt. Bishnupriya Das (the parent of the complainant) due to burn injuries. As these appeals arise from the same order passed in one complaint, as such, it were consolidated, heard together and are being decided by a common order.

3. The office has reported that First Appeal No. 924 of 2020 has been filed with delay of 248 days. Impugned order was passed on 11.3.2020, certified copy was prepared / issued on 19.3.2020 and the appeal has been filed on 22.12.2020. The office has reported that First Appeal No. 546 of 2021 has been filed with delay of 500 days. certified copy was prepared / issued on 26.8.2021 and the appeal has been filed 23.8.2021. The appellant has filed I.A. No.5838 of 2021, for condoning the delay in filing the appeal. The office has reported that First Appeal No. 86 of 2022 has been filed with delay of 661 days. Certified copy was prepared / issued on 19.1.2022 and the appeal has been filed on 31.1.2022. Supreme Court in Suo Moto Writ Petition (C) No. 3 of 2020 waived the limitation from 15.3.2020 to 30.5.2022. As such all the appeals are treated as filed within time.

4. Sourav Das (the complainant) filed CC / 62/2009 for directing Indian Oil Corporation Limited and Sneha Gas Services (the opposite parties), jointly and severally to pay (i) Rs. 35,00,000, as compensation for death of his parents Subhendu Kumar Das and Smt. Bishnupriya Das, due to burn injuries received due to leakage and fire of cooking gas cylinder; (ii) Rs. 5,05,922, as the expenses incurred in their treatment after receiving burn injuries; (iii) Rs. 1,00,000, as compensation for mental agony and harassment; (iv) Rs. 12000, as litigation costs; and (v) any other relief which is deemed fit and proper, in the fact and circumstances of the case. National Insurance Company Limited was impleaded as opposite party - 3, in the complaint on 9.9.2010.

5. The complainant stated that Subhendu Kumar Das was issued double cylinder LPG, from M/s. Sneha Gas Services (opposite party - 2), who was an authorised agent of Indian Oil Corporation Limited (opposite party - 1), vide Consumer No.SG7520, in February, 1999. Empty cylinder used to be replaced by refilled cylinder time to time. On booking, Bimal (the delivery man of M/s. Sneha Gas Services) delivered refilled cylinder on 5.3.2008. Smt. Bishnupriya Das connected the refilled cylinder to gas stove on 9.4.2009. During use, she noticed that gas smell was missing and colour of the flame was not usual. Smt. Bishnupriya Das made a complaint to M/s. Sneha Gas Services on phone on 9.4.2009, in this respect. Although opposite party - 2 assured that they would send some mechanic for inspection but nobody turned up for two days. After waiting for two days, Smt. Bishnupriya Das asked the complainant to arrange some private mechanic. Mr. Prashanta Debnath was running a gas stove repairing shop at 45, Baruipara Lane, Police Station Baranagar, Kolkata. The complainant contacted him and narrated the problem. Mr. Prashanta Debnath came to the house of the complainant on 11.4.2008 at 7