J U D G M E N T

(Delivered on 11/01/2023)

Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

1. The appellant Laxmi Devidas Mude, has filed appeal against order of District Consumer Commission below exh-1 passed on 13.5.2019 thereby rejecting the complaint in limine at the stage of admission. It is the case of complainant that deceased Devidas Mude was her husband and consumer of opponent no.1 gas agency. He was also employee of opponent no.1 for last 28 years. On 21.4.2017, the gas cylinder of deceased got empty. Hence, he was trying to plug the another cylinder which was available with him. Said gas cylinder was purchased for domestic use on 28.3.2017 when the deceased trying to check said cylinder, there was leakage and it suddenly caught with fire. In the said incident the complainants no.1&2 and their relatives sustained burns. Thereupon, deceased took the cylinder out of room to avoid blast of cylinder, but due to blast of cylinder deceased sustained 71 % burns and during treatment he died on 27th April, 2018. The incident occurred due to defective supply of gas cylinder by opponent no.1. However, on seeing critical condition of deceased, the opponent no.1 in collusion with police registered fake crime against the deceased with fake allegation that the deceased was doing black marketing by taking out gas from LPG gas cylinder. Police inspector visited the spot at 9.30 Hrs. on 21.04.2017, however, filed imaginary FIR on next day at 3.00 a.m.

and drawn panchanama at 7.00 to 8.00 pm and also recorded false statement of complainants no.2&3. Complainant no.2 is minor. Police recorded the statement of witness concerned, and made them to put their signature on statement.

2. The opponent no.2 also not made proper investigation or drawn spot panchanama immediately. The complainant requested to police to registrar the FIR, but they have registered false complaint against the deceased. However, they did not help the complainant. The opponent no.2 also failed to co-operate the complainants. Hence, the complainants have issued notice to opponent no.1to3. They avoided to give reply to complaint. Hence, complainant has filed consumer complaint before District Consumer Commission.

3. The District Consumer Commission at the stage of admission refused to admit the consumer complaint on the ground that, the offence is registered against the deceased u/sec 3 & 7 of essential commodities Act & sec. 338, 304 of IPC and that the complainant failed to produce documents prima facie to establish that deceased was consumer of opponent no.1 and dismissed the complaint. It reveals that, since long matter was pending on deciding delay condonation application. Hence, this Commission decided application for condonation of delay on the basis of record. On 15.12.2021, and thereafter time and again the matter was adjourned for hearing before admission. However, the Advocates of appellant and appellant remained absent till this date. On 02.12.2022, this Commission has specifically noted in roznama that the matter is adjourned as last chance for hearing before admission, else necessary order will be passed on the basis of record. Today, also Advocate and appellant absent.

4. Today, Adv. Narwade Patil for appellant and Adv. D.S.Kulkarni for respondent no.2 are absent. Advocate for respondent no.3 insurance company Shri.R.H.Dahat present. Hence, heard him on admission of appeal. It is brought to notice of this Commission that in this case, the FIR case came be registered against deceased as he was dealing with illegal business of refilling the gas and distributing it from commercial and domestic cylinders. Accordingly, it is mentioned in page no.44 of appeal compilation. There found in the interior room below the cot about 2 big cylinders (of commercial use) & 7 cylinders of domestic use and 3 small cylinders and it is mentioned that while refilling the cylinder due to leakage of gas, it has caught with fire. And in that incident deceased sustained 70 % burns a