Karnataka

StateCommission

A/1918/2011

Hindustan Petroleum Corporation Ltd. - Complainant(s)

Versus

B.R. Leelavathi - Opp.Party(s)

Mallikarjun C. Basareddy

16 Nov 2021

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 16^TH DAY OF NOVEMBER 2021

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal Nos. 1719/2011 & 1918/2011

 

Teredal Gas Supply Co. HPC Gas Dealer, Mallandur Road Chikmagalur, a Proprietary Concern Rep. by its Proprietor N.R. Terdal, Aged about 61 years S/o. Rajappa, Teredal Mallandur Road, Chikmagalur (By Sri. N.R. Ravikumar ) V/s	……Appellant
1.  B.R. Leelavathi      W/o. Krishna Shetty      House wife, 3rd Cross, Kuvempu Nagar      Chikmagalur City 577101 2.  Hindustan Petroleum Corporation Ltd.      Regional Office, Village Bala      Via Katipalla, Mangalore      Rep. by its Regional Manager 3.  United India Insurance Co.      Rep. by its Branch Manager      No. 114, Crescent Road      K.M. Building, Chikmagalur 577101 (By Sri. Shivanne Gowda B.C.)	..…Respondents
Appeal No.1918/2011 Hindustan Petroleum Corporation Ltd. Regional Office, Village Bala Via Katipalla, Mangalore Rep. by its Sr. Regional Manager (By Sri. Mallikarjun C. Basareddy ) V/s.	……Appellant
1.  B.R. Leelavathi      W/o. Krishna Shetty      Aged about 34 years      R/o. 3rd Cross, Kuvempu Nagar      Chikmagalur 577101       2.  Teredal Gas Supply Co.      HPC Gas Dealer      Mallandur Road, Chikmagalur      A Proprietary Concern represented      by its Proprietor       3.  United India Insurance Co.      Rep. by its Branch Manager      No. 114, Crescent Road      K.M. Building, Chikmagalur      (By Sri. Ravi Kumar )	..…Respondents

O R D E R

 

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

These appeals are filed under Section 15 of the Consumer Protection Act, 1986 against the order dated 11.04.2011 passed in C.C.No. 173/2010 on the file of District Consumer Disputes Redressal Forum, Chickmagalur.

2. These two appeals are arising out of one and the same impugned order.  Appeal No. 1719/2011 is preferred by OP No.1 and appeal No. 1918/2011 is preferred by OP No.2.
3. The brief facts of the case are that complainant is customer of OP No.1 and is availing services of gas supply for domestic use.  On 22.12.2009 at about 8.00 p.m. when the complainant was changing the empty gas cylinder and about to fix it to the new gas filled cylinder, the valve of the cylinder which was not fixed properly was forcibly bursted out and immediately the gas started oozing in large quantity and her family members fearing the danger to their lives, came out of the house and within a fraction of second heard huge sound from the house which caused extensive damage to the windows, furniture, doors, walls, television and electrical items.  It is alleged that the incident caused due to gross negligence of the OP No.1 due to supplying of defective cylinder without proper check-up and 2^nd OP is the manufacturer of the LPG Gas is personally liable for the defect in the cylinder.  It is the contention of OPs that the incident of bursting of gas cylinder and its leakage of gas is solely on the fault of the complainant as she has not properly fixed the regulator to the gas cylinder.  The District Forum allowed the complaint in part
4. None appears for the appellant in both appeals.  The District Forum held that the dealer is liable against accident happened and observed no liability could be fixed on the insurer. 
5. We examined the impugned order passed by the District Forum thereby found liability saddled upon OP Nos. 1 & 2 as some fault in connection for which OP Nos. 1 & 2 are held responsible.  In so far as interse liability between OP Nos. 1 & 2 who are none other appellants in these appeals is nothing to do with complainant.  It is left to the complainant to recover either from OP No. 1 or OP No. 2 or from both.  In this regard OP Nos. 1 & 2 are to decide interse about their liability. 
6. District Forum held OP Nos. 1 & 2 jointly and severally responsible to pay a sum of Rs.80,000/- towards repair charges of the house and Rs.50,000/- as compensation for the inconvenience and mental agony which could not be held unreasonable or exorbitant, considering the materials placed by complainants.  However, awarding interest at the rate of 9% p.a. on such amount has to be held excessive considering the nature of complaint is hereby reduced to 6% interest p.a. from the date of accident till payment which shall be paid within three months.  Accordingly, both appeals are hereby disposed of.
7. Amount in deposit is directed to be transmitted to the District Commission for needful.
8. Keep the original of this order in Appeal No. 1719/2011 and copy thereon in connected appeal.

​Sd/-

President

Sd/-

Judicial Member

Sd/-

Member