Complainant Prabhakar Tiwari filed this complaint for a claim of Rs. 50,000/- for injuries, Rs. 1,50,000/- for loss of house hold articles and Rs. 1,00,000/- for repairing charges of the quarter.

2          The case of the complainant is that he is a consumer of Domestic LPG Gas of IOC from local Gas Agency named M/s Bokaro Flame, having connection No. BF-2847.

            Complainant replaced empty Gas cylinder on 02.07.2015 from the local Gas agency. The filled Gas cylinder was replaced and connected to stove on 04.07.2015 in the night. The wife of the complainant was cooking food in the kitchen on 04.07.2015. All of a sudden, at about 09:00 P.M. fire ingulfed the kitchen and fire quickly spread to other room of the quarter which caused burn injuries of his wife and son and destroyed entire house hold article and gadgets. The fire was brought under control by fire tenders with the help of local police. The wife of the complainant was treated in Bokaro General Hospital (BGH) from 04.07.2015 to 21.07.2015.

            Complainant informed the police in writing on 04.07.2015 regarding the incidence and also tried to contract IOC and local Gas agency on phone but no contact was made. However, the complainant has given information in writing to local Gas agency on 05.07.2015. Complainant was assured by IOC and local Gas agency to appoint Surveyor for assessment of the loss but till date no such appointment was made which is negligence on the part of the O.P. and also deficiency in service.

            Lastly gave legal notice on 09.12.2015 to all the O.Ps. who have not replied the notice, hence this case has been filed.

3          The following documents have been filed by the complainant in support of his case-

Anx-1 Copy of LPG Book showing consumer number of the complainant.

Anx-2 and 2/1 Copies of legal notice to O.Ps. and speed post receipts.

Anx-3  to 3/2 Copies of New Paper reporting about incident.

Anx-4 Copy of written letter to Police dt. 04.07.2015.

Anx-5 Copy of the written information to O.P. 3 dt. 05.07.2015 duly received.

Anx-6 Copy of Medical Book of the complainant’s wife.

Anx-7 Copy of written information to fire tender dt. 04.07.2015 with request for assessment of loss of the articles and cause of fire.

Anx-8 to 8/13 Copies of photograph showing injuries to complainant, his son and his wife.

            Complainant has also produced three witnesses who are the injured in the incident.

4          O.Ps. appeared and filed joint W.S. It is submitted that this complaint is not maintainable having no cause of action and the complainant has suppressed the material facts and he is not a consumer. It is further submitted that gas cylinder supplied to the complainant on 21.06.2015 and not on 02.07.2015. it is wrong that any information was given to the O.P. on 05.07.12015. It is also submitted, who has changed the cylinder and whether he or she was capable to replace the gas cylinder properly because the most of the case, the fire caught people, due to lack of knowledge of user or negligence. It is also submitted O.P. never called to check the stove, gas pipe and regulator and publication of the incident not within the knowledge of the O.P. It is also submitted that no consent of the O.P. was received for appointment of surveyor and therefore, O.Ps. are not liable for deficiency in service. It is also submitted that complainant has not filed any medical bill to show the expenses incurred for the treatment. The complainant is a retired SAIL Employee and treatment given to them in the BGH free of cost.  Therefore, complainant is not entitled for re-imbursement and complaint is liable to be dismissed.

            No document has been filed on behalf of the O.P.

F I N D I N G S

5          We perused the record. The complainant is a regular customer of local gas agency having consumer No. BF 2847 and purchasing gas on payment therefore, he is the consumer and the dispute is a consumer dispute.

6          The first contention of the O.P. that no written information had been given to any of the O.P. is falsify by Anx- 5 which is written application in the name of Manager, IOC duly received by the local gas agency on 05.07.2015.

            The incident had been found true by Anx-3 series, Anx- 4 and 7 as well as the oral evidence of three witnesses examined, the complainant himself along with wife and his son, all the three injured persons. Anx-8 Series are the photographs of the injured person also support the burn injury along with the treatment of the wife of the complainant vide Anx-6 the Medical Book. Therefore, the main story has been supported by the evidence by the complainant. As regard the objection that there was no assurance given for appointment of the Surveyor for assessment of the loss in the fire, Anx-5 is sufficient to presume that O.P. having got knowledge of the fire due to the gas leakage from the cylinder and damage of the house hold articles. He should have appointed Surveyor for assessment of the loss. Therefore, this objection cannot be accepted of the O.P. By Anx-7 the complainant has given the cause of the fire as leakage of the gas cylinder and the damages of Fridge, microwave, mixie, T.V. curtains, utensils and other valuable articles along with the other damages of value of Rs. 3,00,000/-. Although the complainant has not mentioned in detail regarding the damage of the articles but the way the fire engulfed the kitchen and other rooms quickly, the damages can be expected.

7          The O.P. has submitted that since the complainant is a SAIL employee therefore, the treatment given to his wife of the complainant in BGH is free of cost. The complainant has not filed any other medical bills so that re-imbursement of the money incurred for treatment cannot be assessed.

8          Since the O.P. is a service provider, they cannot escape the liability from the service to the complainant by saying who had changed the cylinder and whether having proper knowledge or not. The complainant is not a new consumer to presume he had not knowledge to change the gas cylinder. Therefore, this contention of the O.P. cannot be accepted.

9          Therefore, we hold the complainant has valid cause of action against the IOC and the local gas agency of IOC for liability for compensation as well as re-imbursement of the loss caused by fire by leakage of the gas cylinder and the O.P. are held liable for deficiency in service.

10        Therefore, we allow the part claim of the complainant and as such the O.P. IOC is hereby directed to pay Rs. 2,50,000/-(Rs. Two lac fifty thousand) only  towards damage of the house hold articles along with the cost of the repair of the quarter damaged by fire with interest of 10% (ten percent) per annum from the date of information i.e. 05.07.2015 till realization.

            O.P. is further directed to pay Rs. 3,000/- (Rs. Three thousand) only as litigation cost to the complainant.

            If the part claim amount is not paid within 60 (sixty) days of this order, the rate of interest shall be enhanced to 15% (Fifteen percent) per annum till realization.