Haryana

StateCommission

A/1011/2017

HINDUSTAN PETROLEUM - Complainant(s)

Versus

KHEM CHAND - Opp.Party(s)

P.R.YADAV

18 Sep 2017

ORDER

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First Appeal No.1011 of  2017

Date of the Institution:08.08.2017

Date of Decision:18.09.2017

 

Hindustan Petroleum through Vijay Gas services, Jogipur Road, Nuh, Teshil Nuh, District Nuh through its proprietor Dharmendra Pal Singh son of Shri Vijay Pal Singh, R/o H.No.W-8/2, DLF-III, Gurugram (Haryana).

 

                                                                             .….Appellant

 

Versus

 

Khem Chand son of Shri Dal Chand, resident of Ward No.3, Nuh, Tehsil Nuh, District Mewat (now Nuh), Haryana.

                                                                              .….Respondent

 

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

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.P.R. Yadav, Advocate for the appellant.

                  

                  

O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:

 

                    It was alleged by the complainant that on 30.01.2014 at about 10:A.M when his wife opened knob of gas cylinder to prepare breakfast the same caught fire  due to which his valuable items, mentioned in the complaint, were damaged. He complained to opposite party (in short ‘OP’) about leakage since very beginning, but did not pay any heed to same. DDR No.9 was registered on that very day.

2.                In reply it was alleged by OP/appellant that there was no leakage in the cylinder.  As per cash memo No.149561 it was supplied on 10.01.2014, whereas incident of fire  took place on 30.01.2014. So, it cannot be presumed that there was any leakage.

3.                After hearing both the parties learned District Forum allowed the complaint and directed as under:

“Resultantly, the complaint is allowed and the opposite party is directed to pay Rs.40,000/- (Forty thousand only) towards the damages of household articles and Rs.30,000/- (thirty thousand rupees only) towards the damages of the house of the complainant alongwith interest at the rate of 9% per annum to the complainant within one month from the filing of complainant i.e. 09.11.2015 till its realization. The opposite party is also directed to pay Rs.5,000/- (five thousand only) towards the compensation and litigation charges to the complainant.”

4.                Arguments heard. File perused.

5.                From the perusal of report to fire station, it is clear that the cause of fire was leakage in cylinder. If cylinder was supplied on 10.01.2014 it does not mean that accident cannot be taken place on 30.01.2014. If, seal is not fixed properly in the cylinder, then consumer can come to know about the same at the time of use only because otherwise, the cork is covered by the company. Learned District Forum has taken into consideration each and every aspect from every angle and there is no reason to interfere in the same. Resultantly, appeal is hereby dismissed in limine.              

6.                Statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

September 18th, 2017

Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

R.K.