Haryana

StateCommission

A/818/2015

SURINDER KAUR - Complainant(s)

Versus

BHARAT PETROLEUM CORP. - Opp.Party(s)

MANINDER SINGH

16 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,          PANCHKULA.

 

                                                First Appeal No.818 of 2015

                                                          Date of Institution: 28.09.2015                         Date of Decision: 16.10.2015

 

1.      Surinder Kaur W/o Sh.Mohinder Singh

2.      Mohinder Singh son of Sh.Charan Singh,

3.      Gurdev Singh (husband of Ranjit Kaur), son of Balbir Singh,

          All residents of Durga Nagar, Ambala City.

 …..Appellants

                                      VERSUS

1.      Manager-cum-Incharge Bharat Petroleum Corporation, village Alamgir, Lalru near Derabassi Dist. Mohali (Punjab).

2.      Proprietor of Bhagwati Gas Service, Bharat Petroleum Corporation Ltd. Agency, Ambala City Store at Jandli (Ambala).

3.      National Insurance Company Ltd, Corporate Regional Office, Royal Insurance Building, 2^nd Floor,, 12 JRD Tata Road, Mumbai.

4.      National Insurance Company Ltd, through its Branch Manager, Branch Office, Ambala.

     …..Respondents

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.                                   

For the parties:  Mr.Maninder Singh, Advocate counsel for the appellants.

 

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

1.      Appellant No.1 was having gas connection in her name.  On 08.06.2011 her husband-appellant No.2 brought a cylinder from the godown of respondent No.2 which was leaking at that time and thisfact was brought to the notice of Opposite Parties (O.Ps.), but, was  not attended.  When their daughters namely Manjit Kaur and Ranjit Kaur tried to fix regulator, fire erupted due to leakage. They were shifted to hospital, but, could not survive. Their daughter Ranjit Kaur was 24 years old and was earning Rs.7,000/- per month.  After deductions etc. they were entitled for Rs.11,20,080/- from the O.Ps.

2.      O.Ps. controverted their averments and alleged that consumer (complainant No.1) was having single bottle connection  which means she was having only one cylinder.  The  empty Gas cylinder in question  bearing No.2667, due to which the alleged mishap took place, was exchanged by complainant on 16.11.2011 with a refilled gas cylinder bearing No.12567 as per cash receipt Memo No.5090 dated 16.11.2011.  It shows that there was no defect in the cylinder in question otherwise  complainant would not have used the same for five months after the accident. During the inspection it was found that the material required for using cylinder was found lying intact.  There was no burn mark on them. They might have used non standard PVC rubber tube from the regulator end.  Objections about maintainability of complaint, mis-joinder and non-joinder of parties, jurisdiction etc. were also raised and alleged that they were not liable to pay any compensation and complaint be dismissed. 

3.      After hearing both the parties District Consumer Disputes Redressal Forum, Ambala (In short  “Act”) allowed the complaint and directed as under:-

“(a)    To pay a sum of Rs.7,20,000/- to the complainants in  equal shares alongwith simple interest @ 10% per annum (being senior citizen) from the date of institution of complaint to till its realization.

(b)     To pay Rs.11,000/- as costs for unwanted litigation  including the advocate’s fee etc.”

4.      Feeling aggrieved from, complainants have preferred this appeal.

5.      Arguments heard.  File perused.

6.      The amount awarded by District Forum is already more than sufficient.  There is no reason to enhance the same.  As the O.Ps. have not challenged the impugned order so the question of maintainability of complaint is not being discussed at this stage.  If they will prefer appeal against the impugned order then the same can be looked into and this order will not be bar to the same. The appeal is without any merits and the same is hereby dismissed in limine.

October 16th, 2015

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench