KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL  NO. 152/14

JUDGMENT DATED:30.10.2014

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V JOSE                                                           : MEMBER

1. Sri.N.G.Aravindakshan,

Nikarthil Chira,                               

CMC-2, Cherthala.             

                                                                                                : APPELLANTS

1. Sri.N.A.Ajayan,

S/o N.G. Aravindakshan,

            -do-     -do-

            Vs.

1. M/s Prasanth Gas Agencies,

Vandhanam Building, CMC-15,

Cherthala-688 524,

R/by Chandrasekharan.

(Now it is known as-

M/s Lakshmi Gas Agency,

Nadakkavu Road,

Cherthala-655 524.)

                                                                                                : RESPONDENTS

1. M/s Bharath Petroleum Corporation Ltd.,

LPG Boat Link Plant & Territory Office,

Kazhakkoottam P.O, TVPM-696 582.

1. M/s National Insurance Co. Ltd.,

Corporate Regional Office,

Royal Insurance Building,

Second Floor, 12-JRD Tata Road,

Mumbai.

JUDGMENT

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

This is an appeal filed by the complainants in CC.314/11 on the file of CDRF, Alappuzha against the order of the Forum dated, November 28, 2013.

2.      The case of the complainants as testified by PW1, the first complainant and as detailed in the complaint before the Forum in brief is this:-

Complainants are husband and wife.  On February 25, 2011, the gas cylinder kept in the house exploded causing damage to the household articles and the building.  The gas connection was taken by the 2^nd complainant from the first opposite party.  Complainant claimed a compensation of Rs.2,00,000/- and sought for a direction to give a new gas cylinder, stove and regulator to the complainant.

3.      First opposite party is M/s Prasanth Gas Agencies, Cherthala represented by its Manager, Chandrasekharan.  He in his version contended that the accident occurred within the premises of the complainant without installation and that therefore they are not liable to pay any compensation to the complainants.

4.      Second opposite party is M/s Bharath Petroleum Corporation, Trivandrum.  They in their version contended that accident occurred due to the sudden collapse of the building on the gas cylinder.

5.      Third opposite party is M/s Oriental Insurance Company, Kochi represented by its Manager, they in their version contended that as the cylinder was kept in the premises of the complainant without installation, they are not liable.

6.      Fourth opposite party, New India Assurance Company Limited was deleted and fifth opposite party, National Insurance Company was impleaded during the pendency of the complaint.  They in their version admitted the issuance of the policy to first opposite party and further contended that surveyor has assessed the loss as Rs.91,350/-.

7.      First complainant was examined as PW1 and he produced Exts.A1 to A4.  On the side of the opposite parties 5^th opposite party was examined as RW1 and he produced Exts.B1 to B3.  On an appreciation of evidence the Forum found that there was negligence on the part of the first opposite party and directed the 5^th opposite party to pay to the complainant Rs.91,350/- with cost.  Complainant has come up in appeal stating that Forum has not ordered first opposite party to give a new gas cylinder in the place of the damaged gas cylinder.

8.      Heard both sides in person.

9.      The finding of the Forum that there is deficiency of service on the part of the opposite parties and direction to the 5^th opposite party to pay compensation is not challenged in this appeal.  The only grievance of the appellant/complainant is that in the place of the damaged gas cylinder Forum has not directed the first opposite party to supply a new gas cylinder.

10.    Notice issued to first opposite party is returned stating that said gas agency is closed.  Appellant/complainant submitted that the said gas agency is now taken over by M/s Lakshmi Gas Agencies, Nadakkavu, Cherthala.  In pursuance of the notice issued by this Commission the Manager of the said Gas Agency Sri.K.P.Kesavan Nair appeared and submitted that if a direction is given by the second opposite party he is prepared to give a new gas cylinder to the complainant.

In the result appeal is allowed.  Second opposite party M/s Bharath Petroleum Corporation Limited, LPG Bottling Plant, Kazhakkuttam, Trivandrum is hereby directed to give necessary directions to M/s Lakshmi Gas Agencies, Nadakkavu Road, Cherthala to supply a new gas cylinder to the complainant in the place of the damaged gas cylinder.  A copy of the order shall be send to the second opposite party for compliance.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V JOSE  : MEMBER

VL.