DATE OF DISPOSAL: 07.01.2021.
Dr. Aswini Kumar Mahapatra, President:
The complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party (in short the O.P.) and for redressal of her grievance before this Forum.
2. Briefly stated the case of the complainant is that the complainant is the wife of late T.Jagadish Shraff who was doing earning his livelihood in way of production of chowmin in a small house at Road sahi, Jamapalli, Bhanjanagar, Ganjam. The complainant was a bonafide consumer of Bhanjanagar gas of two cylinders from 11.05.2009 bearing consumer No. R-21494. From the date of consumer under the aforesaid consumer card, the husband of the complainant used to avail the cylinder from the O.P. on payment of required charges. The last such purchase of refill was 13.06.2014. On 18.06.2014 at about 5.00 A.M. the husband of the complainant late T.Jagadish Shraff smelt something burning inside the room and while opening the door, the gas refill blasted with high sound. The husband of the complainant sustained serious injury and was shifted to Sub-Division Hospital Bhanjanagar, then to MKCG hospital, Berhampur and then to Seven Hills Hospital, Visakhapatnam. On 26.4.2014 the husband of the complainant died at Seven Hills Hospital, Visakhapatna and was brought to the Sub-Divisional Hospital, Bhanjanagar. The local police of Bhanjanagar seized the materials on getting the information in P.S. Case No. 169 dt.20.06.2014 under section 337/338/304-A IPC. The dead body of late T.Jagadish Saraf was medically examined and the medical specialist submitted their postmortem report and police authorities submitted the inquests report. The age of late T.Jagadish Saraf the husband of the complainant was 45 years and the death cause was due to burst of the gas refill and hence the O.P. is liable to pay the compensation. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. to pay Rs.5,00,000/- towards the death of the husband of the complainant, compensation of Rs.30,000/- for the loss of life, harassments and mental agony, Rs.5000/- towards the cost of the litigation in the best interest of justice.
3. Notice was issued to the O.P. The O.P. neither appeared nor filed any written version, hence the O.P. was declared exparte on 10.04.2017.
4. On the date of hearing of the consumer complaint, the advocate for the complainant is present. We heard argument from him for the complainant at length and perused the complaint petition and materials placed on the case record. It reveals that the complainant has purchased the alleged cylinder from the O.P. but fails to file any documentary evidence in support of her claim for getting the insured amount. It is pertinent to mention here that in absence of any documentary evidence and other evidences it would not be just and proper to adjudicate this case properly which is involved in complicated issues with limited scope of the Consumer Protection Act.
5. On foregoing discussion and clear position of law it is held by the Hon’ble National Commission New Delhi in Megna Nand Versus Haryana Urban Development Authority Through Estate Officer another 2012 (3) CPR 92 such as:- “Consumer Forum has discretion to direct complainant to approach civil court for appropriate relief in case of complicate d issues”.
5. Considering the factual position of the case, the complainant’s case is dismissed against the O.P. and the complainant is at liberty to file her complaint before any other Authority/Court having competent jurisdiction for redressal of her grievance and she may avail the benefits under Section 14 of the Limitation Act 1963 in the best interest of justice.
The order is pronounced on this day of 7th January 2021 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
