Per Mr. S. R. Khanzode, Hon’ble Presiding Judicial Member.

This appeal arise out of order dated 16/05/2009 passed in consumer complaint No. 536/2007,  Ku. Varsha Sadashiv Nimse & Ors. V/s. The Managing Director (CEO), Hindustan Petrolium Corporation Ltd. & Anr., by District Consumer Forum, Thane (‘Forum below’ in short), wherein the consumer complaint is dismissed.

These consumer complaints arise out of one and same incidence of gas explosion and burn injury caused by gas leakage and two ladies died.   The incident occurred while changing empty gas cylinder with refilled cylinder.    It was a case of accidental gas leak while changing the cylinder. 

                   For the reasons stated above, we find this is a fit case to set aside the impugned order and remit back the matter.  Hence, we pass the following order :-        

-: ORDER :-

1.       Appeal No. 933/2009 is allowed.  The impugned order dated 16/05/2009 is quashed and set aside.

2.       The consumer complaint is remitted back to the Forum below in the light of observations made in the body of the order.

3.       Both the parties shall appear Forum below on 11/01/2011.  Forum below shall give an opportunity to both the parties to leave to file its written version and duly following the procedure as per Section 13(4) of the Consumer Protection Act 1986, if they choose to do so and after giving an opportunity to the O.P. and after hearing both the parties settle the dispute.

4.       Appeal stands disposed of accordingly.

5.       In the given circumstances no order as to cost.

6.       The amount deposited as a condition of stay shall be return to the        appellant.

7.       Copies of the order be furnished to the parties.