STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T. CHANDIGARH

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Rajiv Malik son of Surinder Mohan Malik, Resident of House No. 1087, Sector 37-B, Chandigarh – 160036 (Registered Owner) Partner of Tirupati Kripa Transline LLP 101/B/11, GIDC Ranoli District Vadodara.

…. Complainant

Vs.

1.     M/s Shridhar Industries, 281/2, Sakarda – Bhadarwa Road, At & Po. Moxi, Taluka-Savli, District Vadodara – 391780, through its General Manager.

2.     M/s Chandra Engineering & Mechanical No.103, Devji Keshavji Industrial Estate, Wamanrao Patil Marg, Opposite Dukes Factory, Chembur, Mumbai – 400071, Maharashtra (India), through its Director.

…… Opposite Parties

BEFORE: JUSTICE RAJ SHEKHAR ATTRI    PRESIDENT

                MRS. PADMA PANDEY                   MEMBER

                MR. RAJESH K. ARYA                    MEMBER

PER PADMA PANDEY, MEMBER

                In brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Complainant who is running fleet of Trucks and is dealing with Indian Oil Corporation and Bharat Petroleum, purchased 9 new Tanks, as per specification 18.600 MT (48.300 LTR W.C) and 21.000 MT (49,460 LTR W.C) Propylene Road Tankers complete in all respects as IS: 2825 CL-1, from Opposite Party No.1 vide invoice Exhibit C-1 to C-1G. The said Tankers were fabricated by Opposite Party No.1 and the Safety Valves installed were manufactured by Opposite Party No.2. It has been averred that almost 90% of fleet of the Complainant was fitted with Static & Mobile Pressure Vessels (SMPV) manufactured by Opposite Party No.2 and among the fleet, Tanker No: GJ12BX1225 was purchased on 30.11.2019. The tank was fabricated by Opposite Party No.1 (M/S Shridhar Industries, Vadodara). It has been alleged that the on 11.06.2020, the Complainant received a letter from Mathura Plant of Indian Oil Corporation Limited (Exhibit C-4), wherein it was mentioned to get that SRV testing re-conducted of Propylene Tanker bearing no. GJ12BX1225 as the Safety Value of the said Tanker instead of specified pressure 360 PSI opened at temperature 220 PSI. It was informed that as the said Tanker was within the premises of the Indian Oil Corporation, Mathura Branch, so a major tragedy was avoided. Accordingly, the complainant approached Opposite Party No.2, through e-mail, and reported the matter with regard to manufacturing defect in the product supplied. In reply thereto, it was informed by Opposite Party No.2 that Complainant is not its customer, as it was Opposite Party No.1 who purchased the products from Opposite Party No.2 and has also supplied Complainant with a Safety Certificate under the Static and Mobile Pressure Vessels (Unfired) Rules, 2016, which was issued by SIMO Research Engineers Pvt. Ltd. (Exhibit C-2 to C-2E). It was further alleged that on 28.06.2020, second incident was reported by Indian Oil Corporation Ltd. through letter received from Mathura Plant of IOCL, intimating that in Tank bearing no. GJ12BX1175 the Safety Pressure Valve of the Tanker popped at only 220 PSI, wherein the release point mentioned is 360 PSI. It was further mentioned to get SMPV Rules (U), 2016 testing re-conducted of Propylene Tanker (Exhibit C-6). On 30.06.2020, the Complainant approached Opposite Party No.1 and raised the issue of manufacturing defect in product supplied/manufactured by Opposite No. 2 and fitted and supplied by it (Opposite Party No.1). The Complainant in order to save his reputation and to complete the work in time, as per terms and conditions of Indian Oil Corporation Ltd (IOCL), had to spent huge amount in repair and re-testing of Safety Pressure Valves installed in the tank supplied by