H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

First Appeal No. : 73/2024 Date of Presentation : 27.03.2024 Order Reserved on : 02.09.2025 Date of Order : 15.09.2025 _____

M/s Parashar Gas Service, Indane Distributors, Kiaran, Tehsil and District Chamba, H.P. through its Proprietor.

……..Appellant/Opposite Party No.1.

Versus

1. Sanjay Kumar son of Sh. Gian Chand, R/O Mohalla Obri, Post Office Sultanpur, Tehsil and District Chamba, H.P.

…..Respondent No.1/Complainant

2. Indian Oil Corporation Ltd. Shimla Area, Office SDA Complex, Block-21, Kasumpti, Shimla, through its Senior Area Manager.

3. ICICI Lombard General Insurance Ltd., ICICI Lombard House, 414 Veer Savarkar Marg, near Sidhi Vinayak Temple, Prabha Devi, Mumbai, Maharashtra.

....…Respondents No.2 & 3/Opposite Parties No.2 & 3.

Coram Hon’ble Justice Inder Singh Mehta, President Hon’ble Ms.Yogita Dutta, Member.

1 Whether approved for reporting? Yes.

For the Appellant: Ms.Anchal Sharma, Advocate.

For the Respondent No.1: Mr.Nimish Gupta, Advocate.

For the Respondent No.2: Mr.Mukul Sood, Advocate.

For the Respondent No.3: Mr.Jagdish Thakur, Advocate.

1Whether reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President O R D E R Instant appeal is arising out of the order dated

23.08.2023 passed by Learned District Consumer Commission, Chamba, H.P. in Consumer Complaint No.49/2022 titled Sanjay Kumar Vs. M/s Parashar Gas Service & Ors., whereby, the complaint filed by the complainant was allowed and the opposite party No.1 was directed to pay Rs.2,00,000/- and opposite party No.3 was directed to pay Rs.8,00,000/- as compensation to the complainant within 45 days from the receipt of the copy of the order, failing which it will incur interest @ 9% per annum from the date of complaint i.e. 15.12.2020 till its realization. The opposite parties No.1 & 3 were jointly and severally also directed to pay litigation costs to the complainant to the tune of Rs.25,000/-.

Brief facts of Case:

2. Brief facts of the case are that on 17.10.2019 opposite party No.1/Parashar Gas Service supplied gas cylinder to complainant after receiving the payment of Rs.689/-. On 14.11.2019, the complainant replaced the old empty cylinder with the new refilled cylinder and when the complainant switched on the gas with the help of lighter, blazing fire started to come out. The complainant immediately put off the knob and reignited the burner and made the complaint to the opposite party No.1/gas agency. The official of opposite party No.1 Mr.Sunny Kumar informed the complainant that this happens when gas is overfilled and he advised the complainant to release some gas with the help of screw driver. The complainant did not agree with such advice and requested the said employee to check the cylinder after visiting the house. The said employee Mr.Sunny told the complainant that he will visit in the evening. The complainant after some time again switched on the gas, but this time flames were bit higher than normal, but suddenly high flames with loud noise started to come out of the burner due to excessive leakage and complainant was caught in the said fire. The fire got hold on the clothes of the complainant and body parts. The complainant sustained burn injuries on the face, both arms, hands legs and other part of the body. The complainant was immediately taken to hospital. The incident was reported to the police. The complainant got burn injuries to the extent of 55%. The complainant submitted his claim with the opposite parties No.1 & 2 along with requisite documents. The opposite party No.2/Indian Oil Corporation vide letter dated 13.01.2020 has forwarded the claim application to the insurance company for settlement, but till date no claim was paid. Alleging deficiency in service on behalf of opposite party(s), complainant has preferred the present complaint.

3. The complaint so filed has been opposed by the opposite parties No.1 and 2 whereas opposite party No.3/ insurance com