ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 06.07.2023 Date of Reserve : 21.01.2025 Date of Decision : 30.01.2025 Bajaj Allianz General Insurance Company Ltd., GE Plaza, Airport Road, Yerawada Pune-411006 through its authorized signatory Deputy Manager Legal Saurav Khullar Bajaj Allianz General Insurance Company, SCO No.156-159, Second Floor, Sector 9, Chandigarh.

….Appellant/Opposite Party No.4 Versus

1. Gian Ram (since deceased) through his LRs:

a. Charanjit Kaur wife of Late Gian Ram b. Vijay Kumar son of Late Gian Ram Both residents of Village Mahuana, Bodla, Tehsil and District Fazilka, Punjab.

c. Subhash Kumar son of Late Gian Ram d. Rekha Rani daughter of Late Gian Ram Both residents of village Mandi Arniwala, Tehsil and District Fazilka, Punjab.

…..Respondent/complainant

2. Fazilka Gas Service Distributor of Indane Gas (IOCL), Abohar Road, Fazilka-152123 through its authorized signatory.

3. Indian Oil Corporation Limited (Indane Gas), Indian Oil Bhawan, Plot No.3A, Sector 19-A, Madhya Marg, Chandigarh-160019 through its authorized signatory.

4. ICICI Lombard General Insurance Company Limited, 4^th Floor, The Statement Plot No.149, Industrial Area, Next to Hometel Chandigarh 160002 through its authorized signatory.

….Respondents/Opposite parties No.1 to 3 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 13.03.2023 of the District Consumer Disputes Redressal Commission, Ferozepur.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.P.H.S.Pannu, Advocate For respondent No.1 : Sh.A.S.Kang, Advocate For respondent No.2 : Ex-parte For respondent No.3 : Sh.M.S.Rana, Advocate For respondent No.4 : None HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellants/opposite party No.4– Bajaj Allianz against the order dated 13.03.2023 passed by District Consumer Disputes Redressal Commission, Ferozepur (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was allowed and the following order was passed:

“….Accordingly, the present complaint is allowed. However, during the course of arguments, it has been admitted by the counsel for the complainant that damaged articles have been got repaired by the complainant and some of the articles which was totally destroyed and sold in the market as junk. Accordingly, to arrive at some conclusion the loss suffered by the complainant. This commission has to adopt some guess work and accordingly the opposite party Nos.1 to 4 are directed to pay Rs.50,000/- as compensation to the complainant on account of damage to house hold articles due to occurrence which took place in the house of complainant on account of negligence on the part of opposite party Nos. 1 & 2 for having supplied defective and leakage cylinder and opposite party No.1 is also directed to supply a new cylinder filled with gas to the complainant after receiving destroyed cylinder from the complainant. If the amount of award i.e.

Rs.50,000/- is not paid within stipulated period, in that case, the amount of Rs.50,000/- shall carry interest @9% w.e.f. 16.06.2019 till its realization. The opposite parties are also directed to pay Rs.5000/- as consolidated compensation for mental agony, pain and harassment as well as litigation expenses.”

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint are that the complainant purchased a gas connection having consumer No.FGS-10865 from opposite party No.1, who is distributor of opposite party No.2. On 15.06.2019, the complainant got refilled his gas cylinder from opposite party No.1 for an amount of Rs.777.50, vide receipt No.2016 but the employee of opposite party No.1 did not mention the serial number of re