DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO. 21 OF 2018
Date of Filing: 25.05.2018
Date of Order: 27.02.2023
1.Usharani Dash,
W/o – Late Susanta Kumar Dash
2.Priyanka Dash
D/O- Late Susanta Kumar Dash
3. Deepika Dash,
D/O- Late Susanta Kumar Dash.
4.Basanti Dash,
W/o- Late Banchhanidhi Dash
All the complainant are of Brahmana Sahi
Po/Ps- Phulbani
Dist- Kandhamal ………………….. Complainants
Versus.
1.Head of the
Hindustan Petroleum Corporation Limited
(Government of India Enterprises)
Registered office-17, Jamshedji,
TATA Road, Mumbai,
Maharastra, 400020,India
2. Md.Sakil
Managing Director
Asian Gas Service,
Hatapada, Phulbani,
At/Po/ps- Phulbani
Dist- Kandhamal,762001 …………………….. Opp. Parties.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Adv.Ajaya Kumar pattnaik & Associates
For O.P. : Adv.V.V. Ramdas & Associates
JUDGEMENT
Mr. Purna Chandra Mishra, President.
Complainant Usharani Dash & three others have filed this case U/S12 of C.P. Act 1986 alleging deficiency in service on the part of the O.Ps for non payment of compensation arising out of the death of Susant Kumar Dash and praying therein for direction to the O.Ps. to pay compensation of 20,00000/-(twenty lakhs) along with interest @ 12% per annum from date of death of Susant kumar Dash that is from 20.06.2017 and to pay cost and compensation of Rs.5000/- & 10,000/- respectively.
1.Brief fact leading to the case is that Susant kumar Dash hard taken domestic gas connection vide consumer No. 900011. On 16.06.2017 at about 10p.m there was brust of cylinder leading to death of Susant Kumar Dash in the hospital . After his death and after completion of all legal formalities the complainant No.1 submitted all the relevant documents to O.P No.2 who happens to be the local dealer for HP gas cylinders. After submissions of documents the O.P No.2 instructed the complainant No.1 to bring legal heir certificate, income certificate and some of the other documents which was collected & submitted to him. After receiving all the documents instead to forwarding the claim along with the relevant documents he advised the complainant No.1 to move to legal forum and obtain direction for the settlement of the claim. Therefore the complainant No.1 along with other legal heirs filed this case for the reliefs as discussed about.
2. Upon notice the O.P no.1 entered appearance through his Advocate and filed written statement. In his written statement the O.P No.1 stated that he has taken public liability insurance form New India Assurance Company Ltd for the said period. Since they have got insurance arrangement with New India Insurance Company Ltd. they should have added the insurance company as a party Similarly another agreement of the same nature is also was in force for the period from 02.05.2017 to 01.05.2018 with ICIC Lombard General Insurance company Ltd. So the Insurance company is a necessary party in this case. It is further stated that the deceased had two LPG connections one domestic & the other non domestic . On receiving information the Sales Officer from Berhmapur rushed to Phulbani and reached the spot and at about 4pm and found the consumer premises in locked conditions . The brother of the consumer Subash Chandra Dash stated that the keys of the house are not available with him. After repeated request he arranged the key and the kitchen of the house was investigated in presences of consumer brother Subash Ch. Dash and Distributor s son Sakil and one Asian Gas staff. He inspected his house as per the norms and he couldnot asses any reason of fire accident. He was subsequently informed on 20.06.2017 that the consumer has expired . As per procedure claim intimation report were prepared and the information and facts collected from various sources were sent to the insurance company same day that on 19.06.2017 and 3 members for the family were hospitalized due to fire accident. On the basis of intimation the insurance company appointed his Surveyor who carried out survey from 25.06.2017 and the O.P 1 was asked to submit certain documents which were subsequently collected by the distributor O.P No.2 and forwarded to the Insurance company. There was no advice from the side of O.P No.1 to the complainants to appear before any legal forum for settlement of the claim. Even inspite of repeated follow ups on 24.11.2020 and 10.12.2020 there was no response from the insurance company for which they pray for exonerating them from the case.
3. The O.P No 2. preferred not to appear nor raise any objection to the claims made by the complainant.
4. During pendency of the case the complainant No .1 filed a petition before this Commission where in she stated that the insurance company has paid of a sum of Rs.8.36262/- to her towards the compensation claimed by her and subsequently stated that her signature has been obtained by insurance company by giving her false information.
5. In view of the pleading and counter pleading of the parties it is to be examined whether case is maintain before this Commission or not. The complainants have claimed a sum of Rs. 20,00000/- (twenty lakhs)only towards compensations with compound interest @ 12% annum and a sum of Rs. 10,000/- towards harassment and mental agony and deficiency in providing service . So the total compensation claimed by the complainant is Rs. 20,10,000/- (twenty lakhs & ten thousand)only. So this Commission lacks pecuniary jurisdiction to try this case. And hence the order.
ORDER
The complaint petition is dismissed against O.P No.1 on contest and exparte against O.P No.2 due to want to pecuniary jurisdiction. The complainants are at liberty to approach the appropriate forum for redressal of their grievance. Parties to bear their own cost.
Computerized & corrected by me.
I Agree
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 27th day of February 2023 in the presence of the parties.
MEMBER PRESIDENT
