ORDER

(Passed On 24/06/2015)

Per Smt. Jayshree Yengal, Hon’ble Member

1. Being aggrieved by the order dated 13/06/2005, passed by the District Forum, Chandrapur dismissing the Consumer complaint bearing No. 48 of 2004, the original complainant Mr. Vilas Pandurang Kukde has preferred this appeal.
2. Appellant Mr. Vilas Pandurang Kukde to be referred as complainant and respondent No. 1, Indian Oil Corporation through its Regional Manger and respondent No. 2, Chetak Gas Agency through its Manager be referred as OP Nos. 1 and 2 respectively for the sake of convenience.
3. Brief facts as set out by the complainant in his complaint are that the complainant is Consumer of OP No. 2/distributor of OP No. 1 from whom the complainant has availed Gas Connection for domestic use and OP No. 1 is the Company supplying the domestic Gas to its distributor. On 6/6/2003 at seven o clock in the morning  fire broke out due to leakage of gas cylinder in the house of the complainant as a result the house with all the goods was reduced to ashes. The complainant incurred damage of Rs. 2,00,000/- due to the said fire. Though, the complainant immediately informed the Fire Brigade about the accident, they  could not control the same because the house was made of wooden planks and it took about 1 to 1.5 hours to bring the fire under control therefore the house was completely damaged with the goods. The complainant informed the OP about the said accident and the damage incurred as a result of that accident.
4. The complainant immediately informed the police station, Chandrapur who recorded the spot panchanama on 7/12/2003.The copy of the said panchanama was given to the OP. It is the contention of the complainant that as the OP failed to give compensation to the complainant towards the damage caused due to fire, he lodged the complaint with the Ops  and Police Station, Chandrapur on 6/12/2003. As the OP failed to pay compensation to the complainant for the damaged caused due to fire even after lapse of almost eight months of incident, the complainant issued a legal notice to the OP on 23/02/2004. However the OP failed to take any cognizance of the said notice. Therefore alleging deficiency in service, the complainant filed a Consumer Complaint claiming compensation of Rs. 2,00,000/- with 18 percent interest to be imposed from 06/12/2003 towards the damage caused due to fire and Rs. 50,000/- as compensation for mental and physical harassment and Rs. 5,000/- towards cost of proceeding.
5. The Ops resisted the complaint by filing its written version and denied all the adverse allegation of the complainant. The OP No. 1, Indian Oil Corporation has specifically submitted that the LPG Cylinder is supplied through its distributor and the said cylinder is duly checked before it is supplied.
6. The OP No. 2 Chetak Gas Agency has specifically submitted that the complainant had informed him on 6/12/2003 about the incident which allegedly occurred on 6/6/2003.  The OP No. 2 had just forwarded the said claim of the complainant to the OP No. 1. The brother of the complainant had sought for  replacement of regulator on 6/12/2003 and the OP had replaced the regulator. Therefore the OP No. 2 denied to have rendered any deficiency in service and sought for dismissal for complaint being frivolous.
7. The Forum after hearing both the sides and perusing the documents on record dismissed the complaint as aforesaid. The Forum has specifically held that the complainant has mentioned the date of incident that is fire as 6/6/2003 in its Consumer complaint and documents filed on record in support of the said incident like accident report, certificate issued by Chandrapur Nagar Parishad about the fire, mentioned 6/12/2003 as the date of incident and the legal notice issued by the complainant to the OP mentions the date of incident as 6/06/2003. Therefore the complainant has failed to prove on record the exact date of incident. The accident report filed on record also fails to mention as to who has prepared the said report and therefore the claim of the complainant about the compensation towards damage caused due to fire cannot be accepted. Holding accordingly the Forum dismissed the complaint as the complainant failed to bring any evidence on record in respect of the cause of accident and the damage caused due to the said accident. Being aggrieved by the said dismissal the complainant has preferred this appeal.
8. We heard counsel for the appellant and respondent No. 2 and perused the written notes of arguments filed by the appellant and both the respondent, copy of the complaint, written version and other documents filed on record. The copy of complaint,  reflects that the alleged incident of fire occurred on 6/6/2003 and  the same is reflected in the notice dated 23/02/2004 issued by the complainant to the OP. However the copy of the spot panchanama dated 6/12/2003, the accident report dated 7/12/2003, copy of the complaint, dated 6/12/2003 lodged with Police Station, Chandrapur, copy of the certificate dated, 6/12/2003, issued by Chandrapur Municipal Counsel mentions the date of incident as 6/12/2003. Therefore it cannot be said that the complainant has brought on record  evidence in support of the incident when the incident of fire itself is disputed. We also perused the copy of the complaint lodged with the Police Station, Chandrapur which mentions the list of goods that were damaged due to fire. When the incident itself is not proved by the cogent evidence, the damage caused in  such accident cannot be accepted.

9. If for the sake of arguments, it is  accepted that the incident of fire took place in  the house of the complainant then also the burden lies on him is prove that the fire broke out due to defective cylinder or regulator. The complainant has not  discharged the said burden. The documents filed by him  do not prove that there was any defect in cylinder or regulator. Therefore the Ops cannot be held responsible to make good the loss sustained by the complainant due to the said fire.

10. The appellant has relied on the following authority.

1. Dinesh Kumar Vs. chauhan Gas Agency & Others

IV(2008) CPJ241

2. Manjunatha Tile Factory Vs. Oriental Insurance Company Ltd and Anr.

III (2006) CPJ (NC)

3. Renuka Gas Company Vs. Siddeshwar & Ors.

I(2009)CPJ 333

4. Indian Oil Corporation Ltd. Vs. Ramesh Thakur & Ors.

I(2015)CPJ 451(NC)

5. Indian Oil Corporation Vs. Pyare Lal & Ors.

III(2012)CPJ50 (NC)

6. Bhara Petroleum Corporation Ltd. & Anr. Vs. Dharam Pal

III(2010)CPJ 377(NC)

          We perused the authority mentioned above and find that the facts of the case in hand and the above mentioned authorities being different the said ratio of decisions cannot be of any support to the appellant.

11. For the foregoing reason, we are of the reasoned opinion that the Forum has rightly dismissed the complaint.  We find no glaring infirmity, illegality or irregularity in the impugned order and it warrants no interference and the appeal deserves to be dismissed being devoid of merits. In the result we proceed to pass the following order.

ORDER

1. Appeal is dismissed.
2. The impugned order dated 13/06/2005  passed in Consumer complaint No.48 of 2004, passed by the District Consumer Forum, Chandrapur stands confirmed.
3. Parties to bear their own cost.
4. Copy of this order be furnished to both the parties, free of cost.