Orissa

StateCommission

A/281/2017

Niranjan Barad - Complainant(s)

Versus

Hinamani Das - Opp.Party(s)

M/s. P.K. Mishra & Assoc.

29 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/281/2017
( Date of Filing : 25 May 2017 )
(Arisen out of Order Dated 24/04/2017 in Case No. Complaint Case No. CC/53/2016 of District Nayagarh)
 
1. Niranjan Barad
S/o- Late Madan Barad ,At/Po- Dhanchandgada, Kantilo, Fategarh, Nayagarh.
...........Appellant(s)
Versus
1. Hinamani Das
Distributor of Nilamadhaba HP Gas Gramin Vitarak, At/Po- Madhupur, Kantilo, Fategarh, Nayagarh.
2. The Manager, HP Gas Agency
Alok Bharti Tower, 5th Floor, Saheed Nagar, Bhubaneswar, Khordha.
3. The Manager, New India Assurance Company Ltd.,
Claim Hub Bhubaneswar, Alok Bharti Tower, Saheed Nagar, Bhubaneswar, Khordha.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/s. P.K. Mishra & Assoc., Advocate for the Appellant 1
 M/s. R.K. Pattnaik & Assoc., Advocate for the Respondent 1
Dated : 29 Mar 2023
Final Order / Judgement

          Heard learned counsel for  both the parties.

2.      This appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      Learned counsel for the respondent submitted that the complainant has approached the learned District Forum asking for compensation for the explosion of gas cylinder. He further submitted that the learned District Forum, Nayagarh held that the complainant has already got relief under Public Liability Insurance Act, 1991  from the Collector, Nayagarh. Therefore, they dismissed the complaint. He further submitted that in the meantime, the Collector, Nayagarh disposed of the matter and paid Rs.4,65,000/- to the complainant and copy of the necessary receipt and demand draft are filed in support of his submission. Therefore, he submitted that the appeal has become infructuous.

4.      Learned counsel for the appellant submitted that he has asked the client but no information is received.

5.      In view of the fact that the learned Collector, Nayagarh has disposed of the matter by paying compensation, we find no merit in the appeal.

6.      Accordingly, the appeal stands dismissed.

        DFR be sent back forthwith.

        Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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