Complaint No: 07 of 2019.
Date of Institution: 11.01.2019.
Date of order: 16.02.2024.
Satnam Masih Son of Grifn Masih, resident of Village Baian, P.S. Tibber, Tehsil and District Gurdaspur.
…......Complainant.
VERSUS
1. Baba Sri Chand, Gas Agency, Village Tibber, Tehsil and District Gurdaspur.
2. Indian Oil Corporation Ltd., (M.D), Indiane Area Office, Bye-pass, Suchipind, Jalandhar. Pin Code – 144009.
3. Chandigarh Consumer Divisional Office, Indian Oil Corporation Ltd., (M.D), SCO 35/36, Sector 7-C, Madhya Marg, Chandigarh. Pin Code – 160019.
4. Indian Oil Bhawan, Plot 3A, Sector 19-A, Madhya Marg, Chandigarh. Pin Code – 160019.
5. Indian Oil Corporation Ltd., Corporate Office, 3079/3, JB Tito Marg, Sadiq Nagar, New Delhi. Pin Code – 110049.
….Opposite parties.
Complaint U/S 12 of the Consumer Protection Act.
Present: For the Complainant: Sh.Deepak Sharma, Advocate.
For the Opposite Party No.1: Sh.B.S. Boparai, Advocate.
For the Opposite Parties No.2 to 5: Sh.B.S. Gill, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Satnam Masih, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act (here-in-after referred to as 'Act') against Baba Sri Chand, Gas Agency Etc. (here-in-after referred to as 'opposite parties).
2. Briefly stated, the case of the complainant is that the complainant having Gas Connection No. 7054355151227 on his name from the opposite party No. 1. It is pleaded that on dated 30.06.2018 the complainant brought a new Gas Cylinder from the opposite party No. 1 and when his wife lit the Gas Chula for preparing meals, she noticed that the smoke was coming out from the Regulator and as such wife of the complainant ran out of the room and within fraction of second the Gas Cylinder blasted and roof of the room was also blown. It is further pleaded that due to impact of cylinder burst all the house hold articles i.e. T.V, Iron, Almirah containing clothes, cash of Rs.10,000/-, cots and beds were burnt and utensils were broken and complainant suffered a loss of more than Rs.2 Lacs. Later on it was noticed that the Gas Cylinder's welding was crack and due to the leakage of Gas from the welding place there was burst. It is further pleaded that luckily due to above stated mis-happening no loss of human life was caused, but the complainant who is a very poor and works as laborer suffered financial loss to the tune of more than Rupees Two Lacs. The complainant had taken Gas connection from the opposite party No. 1 and as such he is consumer of the opposite parties. It is further pleaded that since the date of occurrence, nobody from the said of opposite parties visited the place of occurrence, neither on humanitarian ground nor to investigate the circumstances leading to cause of blast. It is further pleaded that immediately after the occurrence the complainant reported the matter to P.S. Tibber and also informed Media. Rapat No. 027 on dated 30.08.2018 at 09.08 hours was recorded in P.S. Tibber, but the contents of Rapat were not read over to the complainant. The complainant also informed about the said incident to the opposite party No. 1. Representative of the Television Media also visited the spot and took photographs. It is further pleaded that in spite of various requests made by the complainant to the opposite party No. 1, nobody from his side visited the place of occurrence neither on humanitarian ground nor to investigate the circumstances leading to the cause of blast. It is further pleaded that the complainant sent a Legal Notice dated 30.07.2018 to the opposite party No. 1 and others, but erroneously due to want of knowledge Noticee No’s. 2 to 6 were impleaded wrongly as the same was pointed by Shri Sandeep Singh Jossan, D.G.M., Hoshiarpur L.P.G Region vide his Letter No. HLRO/SSJ/PK dated 06.08.2018 and fresh Notice dated 28.08.2018 was issued and D.G.M., L.P.G. Region Hoshiarpur was informed. On receiving the above letter the Legal Notice dated 30.07.2018 was withdrawn against Noticee No’s. 2, 3, 4, 5 & 6 except Noticee No. 1 vide letter dated 28.08.2018 and fresh Legal Notice dated 28.08.2018 was issued to the opposite party No. 1 and others. Noticee No. 1 replied the Legal Notice dated 30.07.2018, but till date has not replied to the Legal Notice dated 28.08.2018 by any of the opposite parties. Due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. So, there is a clear cut deficiency in service on the part of the opposite parties.
On this backdrop of facts, the complainant has alleged deficiency and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to pay Rs.2,00,000/- (Rupees Two Lacs Only) for the loss suffered by the complainant. It is further prayed that the opposite parties may be directed to pay compensation to the tune of Rs.10,000/- for unnecessary harassment, physical pain and mental agony suffered by the complainant and his family members alongwith Rs.5,000/- as litigation expenses to the complainant, in the interest of justice.
3. Upon notice, the opposite party No.1 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the present complaint of the complainant is not maintainable in the present form. The complainant has no locus standi to file the present complaint against the answering OP No.1. As such the complainant be burdened with special costs for filing false, frivolous complaint against the answering OP No. 1 and the complainant has not come to the Hon'ble Commission with clean hands and filed the present false complaint by setting up a false and concocted story. It is pleaded that the fact of matter is that in case of any kind of leakage from the LPG Gas Cylinder, it gives a very bad smell and one can easily understand that there is leakage of LPG. No complaint of leakage or accident has been reported by the complainant to the answering OP No.1. However, on receipt of notice on dated 15.03.2019, the Field Officer of the answering OP No. 1 visited the site of alleged accident on dated 29.03.2019. No sign of accident has been found at the premises of the complainant. The complainant shows one damaged cylinder, damaged pressure regulator and one transparent plastic pipe intact (Non-Standard). It is further pleaded that as submitted above, neither the welding of the Gas Cylinder was leaking, nor there was any other defect in the same. The blast if any occurred due to the negligence and mis-handling on the part of the complainant and his wife and there was no question of visiting the place of occurrence. The complainant is not entitled to any compensation from the answering OP No. 1 and No fault can be attributed to the answering OP No1.
On merits, the opposite party No.1 has reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.
4. Upon notice, the opposite parties No.2 to 5 appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the present complaint of the complainant is not maintainable in the present form. The answering OP’s have been unnecessarily impleaded in the present complaint. The complainant has no locus standi to file the present complaint against the answering OP’s and as such the complainant be burdened with special costs for filing false, frivolous complaint against the answering OP’s. It is pleaded that no complaint of leakage or accident has been reported by the complainant to the distributor or to the field officer. However, on receipt of notice on dated 15.03.2019, the Field Officer of the answering OP’s visited the site of alleged accident on dated 23.03.2019. No sign of accident has been found at the premises of the complainant. The complainant shows one damaged Gas Cylinder, damaged pressure regulator and one transparent plastic pipe intact (Non-Standard). As per report of Field Officer, on the date of investigation the accident cannot be ascertained. It is further pleaded that no information of alleged incident has been reported by the complainant to any lawful authority. However, no fault can be attributed to the answering OP’s. It is further pleaded that on investigation by the Field Officer of the answering OP’s on dated 23.03.2019, a DDR was obtained from P.S. Tibber. However, no information of complaint of leakage has been received by the answering OP’s or by the distributor and there is no deficiency in service on part of the answering opposite parties.
On merits, the opposite parties No.2 to 5 have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.
5. Learned counsel for the complainant has filed an affidavit of Satnam Masih, (Complainant) alongwith other documents as Ex.C-1 to Ex.C-22.
6. Learned counsel for the opposite party No.1 has tendered into evidence affidavit of Sh. Rakesh Kumar S/o Kashmir Chand, (Proprietor of Baba Sri Chand Gas Agency, Gurdaspur) as Ex.R-1 alongwith other documents alongwith reply.
7. Learned counsel for the opposite parties No.2 to 5 has tendered into evidence affidavit of Sh. Gaurav Parsheera, (Sales Officer, Indian Oil Corporation Ltd.) as Ex.OP-2to5/1 alongwith other document as Ex.OP-2to5/2 alongwith reply.
8. Rejoinder not filed by the complainant.
9. Written arguments not filed by the parties.
10. Counsel for the complainant has argued that complainant is having gas connection No.7054355151227 issued by the opposite party No.1. It is further argued that on 30.06.2018 complainant had purchased new cylinder from opposite party No.1 and when the wife of the complainant had given ignition to the Gas Chula for preparing meals and found gas leaking from the regulator and immediately ran out of kitchen and in the meanwhile the gas cylinder blasted and the entire house hold articles and house of the complainant got damaged. Complainant suffered approximately loss of Rs.2,00,000/-. It is further argued that DDR was also recorded with Policy Station Tibber but non one from the opposite parties visited to investigate the blast. It is further argued that legal notice was served but opposite parties have failed to compensate the complainant which amounts to deficiency in service on the part of the opposite parties.
11. On the other counsels for the opposite party No.1 and opposite parties No.2 to 5 have argued that the blast alleged by the complainant has taken place due to misuse/mishandling of the gas cylinder. It is further argued that no complaint regarding leakage and accident was reported with the opposite parties. However, after receipt of notice the field officer visited the site on 29.03.2019/23.03.2019 but there was no sign of accident. However, one damaged cylinder, damaged pressure regulator and one transparent plastic pipe non standard was shown to the field officer. As such there is no deficiency in service on the parties opposite parties No.1 to 5.
12. We have the Ld. counsels for the parties and gone through the record.
13. It is admitted fact that complainant is having gas connection No.7054355151227 issued by opposite party No.1. The only disputed issue for adjudication before this Commission is whether on 30.06.2018 the cylinder installed at the house of complainant blasted or that complainant is entitled to receive compensation from the opposite parties.
14. To prove his case complainant has placed on record his duly sworn affidavit, copy of G.D. Ex.C1, copy of notice Ex.C2, copies of postal receipts Ex.C3 to Ex.C8, copy of reply to legal notice Ex.C10, copy of legal notice Ex.C11, copy of withdrawal of legal notice Ex.C9, copies of postal receipt Ex.C12 to Ex.C17, copy of reply to legal notice Ex.C18, photographs (Original) Ex.C19 Ex.C22 whereas opposite party No.1 has placed on record affidavit of Rakesh Kumar Ex.R-1. Opposite parties No.2 to 5 have placed on record affidavit of Gaurav Parsheera Sales Officer Ex.OP-2 to 5/1 and copy of E-mail Ex.OP-2 to 5/2.
15. Perusal of file shows that complainant had immediately after the blast reported the matter with the police authorities of P.S. Tibber vide G.D. No.27 Ex.C1 wherein the entire incident regarding blast in the cylinder has been reported to the police but interestingly in the present case the police authorities had not further reported the matter to the Deputy Commissioner of District Gurdaspur for enquiry and which resulted in in action on the part of D.C. and opposite parties. The complainant had got legal notice served upon the opposite parties and only then the field officer of the opposite parties had visited the premises of the complainant on 23.03.2019 after lapse of more than eight months, which shows high handedness and carefulness attitude of the opposite parties and parties concerned. Perusal of photographs Ex.C19 Ex.C22 shows that blasted cylinder and damaged house hold articles and roof of the house which proves that the cylinder supplied by the opposite party No.1 had blasted and damaged to the house hold articles was caused. We are of the view that opposite parties cannot escape from their liability by taking shelter of report of opposite parties Ex.OP-2 to 5/2 given by field officer which was carried out after delay of eight months which is totally unjustified and the field officer has only pointed out that no complaint regarding leakage was given whereas the complainant has fully proved on record that when the family members of the complainant tried to install the cylinder with the regulator the gas/smoking started coming out and she ran out from the kitchen and in the mean time the blast took place. We are of the further view that failure to supply the defective cylinder itself amounts to deficiency in service. Accordingly as per new Act the complainant has also prayed to receive damages on account of the loss suffered by him but since there is no assessment report given by any authority, as such by adopting guess work, we are of the view that complainant is definitely entitled to receive compensation of Rs.30,000/- from the opposite party No.1.
16. Accordingly, present complaint is partly allowed and opposite parties No.1 are directed to pay Rs.30,000/- as compensation to the complainant alongwith interest @ 9% P.A. from the filing of the present complaint till realization. Opposite party No.1 is further directed to supply one Gas Stove and cylinder filled with Gas and with pipe free of costs to the complainant. Entire exercise shall be completed within 30 days from the date of receipt of copy of this order.
17. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
18. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Feb. 16, 2024 Member.
*YP*
