2025 Supreme(Online)(SCDRC) 13325
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
1.Gundl avijaya Laxmi alias Mounika – Appellant
Versus
1.Bindu Shakthi Gas Service – Respondent
SC/36/CC/260/2017
BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.
C.C.NO.260 OF 2017 Between:
1.Gundla Vijaya Laxmi @ Mounika, D/o.Gundla Ramesh Babu (died on 06-07-2018)
As per the orders passed by Hon’ble Commission in I.A.No.1450/2018, dt.28-10-2019, The name of legal representative is mentioned as complainant no.3
2. Gundla Malathi, W/o.Gundla Ramesh Babu, Aged : 49 years, Occ:House maid, R/o.28-60, Vinayak Nagar, Neredmet, Malkajgiri, Ramakrishnapuram, Hyderabad-500 056.
3. Gundla Rakesh Babu , S/o.Gundla Ramesh Babu, Aged : 31 years, Occ: Pvt. services, R/o.28-60, Vinayak Nagar, Neredmet, Malkajgiri, Ramakrishnapuram, Hyderabad-500 056. …. Complainants And
1.M/s.Bindu Shakthi Gas Service, M/s.Indane Gas Distributor, Plot No.90, Surya Nagar Enclave, Opp:Mini Tank Bund, Safilguda, R.K.Puram, Secunderabad-500056, Telangana.
2. ICIC Lombard General Insurance, D.No.6-3-352/1, Osman Plaza, Road no.1, Banjara Hills, Punjagutta, Hyderabad, Telangana -500 034.
3. M/s. Indian Oil Corporation Ltd., Rep. by its General Manager, Door No.3-6-436 to 438, 2nd Floor, Naspur House, Himayathnagar, Hyderabad – 500 029.
4. The New India Insurance Company Ltd., Rep. by its General Manager, Basheerbagh ( TIED DO) (610200), 9TH Floor, Parishram Bhavan, Basheerbagh, Hyderabad-500 029.
As per the orders passed by Hon’ble Commission in I.A.No.503/2018 , dt.02-12-2019 The opposite party no.4 is amended. Opposite parties Counsel for the Complainants : Mr.V.Venkataramana Reddy Counsel for the Opposite Parties:M/s.V.Gouri Sankara Rao-
OP.no.1 M/s.Katta Laxmi Prasad-OP.no.2 M/s.Yogesh Kumar Herur-Op.No.3 M/s.V.Viswajanani-OP.no.4 QUORUM: Hon’ble Sri K.Ranga Rao, Member-(J), &
Hon’ble Smt.R.S.Rajeshree, Member (N-J).
FRIDAY, THE SEVENTEENTH DAY OF MAY, TWO THOUSAND TWENTY FOUR.
Order : (Per Hon’ble Sri K.Ranga Rao, Member-(J))
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01). This complaint was initially filed by the complainants 1 & 2 by name G.Vijaya Laxmi alias Mounika and Gundla Malathi against opposite parties 1 to 3 u/s.17(1)(a)(i) of Consumer Protection Act,1986. Subsequently vide orders in C.C.I.A.503/2018, opposite party no.4- New India Insurance Co.
Ltd. was impleaded.
For the sake of clarity at the very outset, it is to be made clear that while the CC was pending, the complainant no.1- G.Vijayalaxmi died on 06.07.2018 and complainant no.2 - G.Malathi died on 9.10.2021. As such their legal heir G.Rakesh Babu who is the son of complainant no.2 and brother of complainant no.1 was brought on record as complainant no.3 as per the orders passed by this Commission in I.A.No.1450/2018. One Gundla Ramesh Babu is father of complainant no.1 and complainant no.3 and husband of the complainant no.2.
Opposite party no.1 is a gas distributor and is the dealer/agency of opposite party no.3 M/s.Indian Oil Corporation Ltd. Opposite party no.3 obtained insurance policy for its risk coverage from opposite party no.2 - ICICI Lombard General Insurance Company. The opposite party no.1 obtained insurance policy from opposite party no.4 - New India Insurance Co.Ltd. for its risk coverage.
02). The complaint is filed against the opposite parties for the following reliefs:
To direct the opposite parties jointly and severally :
a). to pay the insurance amount of Rs.80,00,000/-
along with 18% interest as compensation from the date of occurrence of the fire accident till the date of realization;
b).to pay an amount of Rs.5 lakhs to the complainants as punitive damages and a further amount of Rs.79,526/- towards medical bills u/s.14(1)(d) of the Consumer Protection Act and also towards mental agony, torture suffered by the complainants; and c). to pay costs of Rs.10,000/- and to pass such further or other orders in the interest of justice.
03). The brief facts of the complaint are that the complainant no.1 is a student pursuing chartered accountancy course. The complainant no.2 is a maid servant who works in 4 to 5 houses by which the complainants are living their lives. One Gundla Ramesh Babu who is the husband of th