Kerala

StateCommission

A/15/179

MANAGER ( LAW) INDIAN OIL CORPORATION - Complainant(s)

Versus

JERRY FRANCIS - Opp.Party(s)

N SUNANDA

29 Apr 2016

ORDER

 

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION  VAZHUTHACAUD, THIRUVANANTHAPURAM

 

APPEAL NOs.348/15 & 179/15

JUDGMENT DATED:29.4.2016

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                         :  PRESIDENT

SHRI.V.V. JOSE                                                          : MEMBER

APPEAL NO.348/15

Shyamala Nair,

Proprietor, Sainik Gas Service,

United Shopping Complex,                                             : APPELLANT

Poothole, Thrissur.           

 

(By Adv: Sri. Sasthamangalam R. Jayakrishnan)

 

            Vs.

 

1. Jerry Francis, Ponmani (H) P.O,

Aranattukara, Thrissur.

 

(R1 by Adv: Smt. N. Sunanda)

 

2. Mary Francis, Ponmani (H) P.O,

Aranattukara, Thrissur.                                                     : RESPONDENTS

 

3. Regional Manager,

Indian Oil Corporation,

Panampilly Nagar, Cochin.

 

(R2 and 3 by Adv: Sri. Unnikrishnan .V)

 

 

APPEAL NO.179/15   

 

Manager (LAW),

Indian Oil Corporation,                                                     : APPELLANT

Panampilly Nagar, Cochin-682 036.

 

(By Adv: Smt. N. Sunanda)

 

            Vs.

 

1. Jerry Francis, Ponmani (H) P.O,

Aranattukara, Thrissur-680-618.

 

2. Mary Francis, W/o late T.K.Francis,

Ponmani (H) P.O,                                                                : RESPONDENTS

Aranattukara, Thrissur 680 618.

 

3. Proprietor, Sainik Gas Service,

United Shopping Complex,                                            

Poothole, Thrissur-680 004.

 

(R2 & 3 by Adv: Sri. Unnikrishnan V)

 

                                    COMMON JUDGMENT

 

JUSTICE SHRI.  P.Q. BARKATH  ALI,  PRESIDENT

Both these appeals arise out of a common order passed by the CDRF Thrissur in CC.396/13, dated April 30, 2014.  1^st opposite party is the appellant in A.348/14 and 2^nd opposite party is the appellant in A.179/14.

2.      The case of the complainants as detailed in the complaint before the Forum in brief is this:-

Complainants had a gas connection of Indian Oil Corporation from its agent first opposite party, M/s Sainik Gas Service, Poothole, Thrissur having Consumer No.23148.  They were enjoying gas connection as the legal heirs of the deceased Mr. T.K. Francis, father of the first complainant and husband of the 2^nd complainant.  On May 14, 2014 at midnight 12.45, the gas cylinder supplied by the first opposite party exploded causing heavy damage to the house.  Complainant filed the complaint claiming compensation.

3.      First opposite party is the proprietor, Sainik Gas Service, Poothole, Thrissur and 2^nd opposite party is the Regional Manager, Indian Oil Corporation, Cochin.  Both the opposite parties remained absent before the Forum and hence they were set exparte.  Complainant filed proof affidavit and marked Exts.P1 to P7 before the Forum.  Forum accepted the evidence of the complainant and found that there was deficiency of service on the part of the opposite parties and directed them to pay compensation of Rs.5,00,000/- and a cost of Rs.1000/-.  Opposite parties have now come up in appeal challenging the said order of the Forum.

4.      Appeal.348/15 is filed by the first opposite party and Appeal.179/15 is filed by the 2^nd opposite party when both the appeals came up for hearing on April 22, 2016, we have ordered that taking into account the nature of the contentions raised by the parties we felt that an opportunity should be given to the appellant to contest the matter on merits and appeals will be allowed on payment of cost of Rs.2000/- to the complainants in each appeal.

5.      Today receipts were produced by the appellants in both these appeals for having paid cost to the complainants.  Therefore both these appeals are allowed.  The impugned order of the Forum allowing the complaint is set aside.  The matter is remanded to the Forum for fresh disposal in accordance with law.  Both parties shall appear before the Forum on June 30, 2016.  The Forum shall dispose of the complaint within six months from the date of receipt of the copy of this order.

 

JUSTICE P.Q. BARKATHALI       :  PRESIDENT

VL.

V.V. JOSE          : MEMBER