APPEAL Nos.361 and 1024/2018

Date of Filing :06.03.2018

& 09.07.2018

Date of Disposal :26.10.2021

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:26.10.2021

PRESENT

HON’BLE Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

Mr K B SANGANNANAVAR: JUDICIAL MEMBER

Mrs DIVYASHREE M:LADY MEMBER

APPEAL Nos. 361/2108 & 1024/2018

Appeal No.361 / 2018

M/s Indian Oil Corporation Ltd.

Indian Oil Bhavan,

G-9, Ali Yavar Jung Marg,

Bandra (East), Mumbai.

Rep. by the Chief Area Manager,

Indian Oil Corporation Ltd.,

Indane Area Office,

4^th Floor, Unity Buildings,

JCW Road, Bengaluru – 560 002

Appellant

(By Mr Girish Kodgi, Advocate )

- Versus -

1. Kumari Sindhu Shree

D/o Mr H D Dayanand,

Aged about 9 years,

Rep. by her Father & Natural Guardian

H D Dayananda,

No.223, Near Kateeramma Temple,

Devarabheesanahalli,

Outer Ring Road,

Bellandur Post, Bengaluru – 560 103

2. Mr H D Dayananda

S/o Mr Dharanesh Gowda,

Aged about 38 years,

R/a No.223, Near Kateeramma Temple,

Devarabheesanahalli,

Outer Ring Road,

APPEAL Nos.361 and 1024/2018

Bellandur Post, Bengaluru – 560 103

3. The Propreitor

K K Indane Enterprises,

No.27,4^th Cross,

Behind Saibaba Mandir,

Cambridge Layout, Ulsoor,

Bengaluru – 560 008

4. The Branch Manager

M/s National Insurance Company Ltd.,

3^rd Floor, Unity Building Annexe,

No.72, Mission Road,

Bengaluru – 560 027

Respondents

Appeal No.1024 / 2018

1. Kum Sindhu Shree

D/o Mr H D Dayananda,

Aged about 9 years,

rep. by her Father & Natural Guardian

Mr H D Dayanand

R/at No.223, Near Kateramma Temple,

Devarabheesanahalli,

Outer Ring Road, Bellandur Post,

Bengaluru – 560 103

Also at:

Yagatta, Yagatta post,

Gandasi Hobli, Arasikere tq.,

Hasana Dist.

2. Mr H D Dayananda

S/o Mr Dharanesh Gowda,

Aged about 38 years,

R/at No.223, Near Kateramma Temple,

Devarabheesanahalli,

Outer Ring Road, Bellandur Post,

Bengaluru – 560 103

Also at:

Yagatta, Yagatta post,

Gandasi Hobli, Arasikere Tq.,

Hasana Dist.

Appellant

(By Mr B S Mahendra )

- Versus -

1. The Proprietor

K K Indane Enterprises,

APPEAL Nos.361 and 1024/2018

No.27, 4^th Cross,

Behind Saibaba Mandir,

Cambridge Layout, Ulsoor,

Bengaluru – 560 008

2. M/s Indian Oil Corporation

Indian Oil Bhavan,

G-9, Ali Yavar Jung Marg,

Bandra(East), Mumbai,

Rep. by its

Executive Director(LPG)

3. The Branch Manager

M/s National Insurance Company Ltd.,

3^rd Floor, Unity Building Annex,

No.72, Mission road,

Bengaluru – 560 027

Respondents

: COMMON ORDER :

Mr JUSTICE HULUVADI G RAMESH : PRESIDENT

1. Both these Appeals are filed under Section 15 of Consumer

Protection Act 1986 aggrieved by the Order dated 20.12.2017 passed

in Consumer Complaint No.1307/2013 by III Additional District

Consumer Disputes Redressal Forum, Bengaluru (for short the

District Forum).

2. As the facts & law involved in these Appeals are one & the

same and Appellants & Respondents and the Impugned Order is also

one & the same, they are taken up together for consideration.

3. The facts in brief of the case are that Complainant No.1 is the

daughter of Complainant No 2, who in turn is a Customer of OP1,

with Consumer No 85190 and had taken Domestic LPG Cylinder on

09.06.2012 by paying the requisite fee. On 08.10.2012, at about 6

pm there was Gas leakage smell coming from cylinder and the wife of

2^nd Complainant, informed OP1 about the leakage of gas and OP1

came for inspection and the wife of Complainant No 2 was standing

APPEAL Nos.361 and 1024/2018

in the Kitchen, at t

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