Haryana

Ambala

CC/290/2020

Kumar Viru - Complainant(s)

Versus

M/s Mohit Gas Agency - Opp.Party(s)

Vivek Sachdeva

01 Dec 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA

Complaint case no.	:	290 of 2020
Date of Institution	:	03.12.2020
Date of decision	:	01.12.2023

 

Kumar Viru son of Shri Satyanarain Kunwar, resident of Village Sawna Rajput Tola, PO Sawna, PS Badriya District Siwan (Bihar) presently resident of # 215, Shastri Nagar, Ambala City-134 003.

……. Complainant

                                                Versus

1. M/s Mohit Gas Agency Opposite Vijay Cinema, Ambala City.
2. Indian Oil Corporation Ltd., through its Area Manager, Asandh-Kohand Road, Village Gudda, Karnal.
3. Indian Oil Corporation Ltd., Marketing Division, World Trade Centre, Babar Road, New Delhi-110 001.
4. Oriental Insurance Company Limited having Branch Office at Ground Floor, LIC Building, Ambala City through its authorized signatory.
5. ICICI Lombard General Insurance Company Limited, Ground and Fourth Floor, Interface, 11, Office Number 401 and 402, New Link Road, Malad (West) Mumbai 400064, through its Authorized Signatory

 

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member.           

 

Present:-     Shri Vivek Sachdeva, Advocate, counsel for the complainant.                            Shri Jaspal Singh, Advocate, counsel for OP No.1.                                             Shri TMS Liberhan, Advocate, counsel for OP No.2 and 3.                     Shri R.K. Jindal, Advocate, counsel for OP No.4.                                            Shri Tushar Kumar, Advocate, counsel for OP No.5.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.8,98,500/- being the cost of articles which got damaged in the fire incident along with interest @ 18% p.a.
2. To pay compensation of Rs.5,00,000/- for causing harassment, agony and mental torture, financial loss to the complainant along with interest @ 18% p.a.
3. To pay Rs.33,000/- as litigation expenses

OR

Grant any other directions which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant is resident of House no.215, Shashtri Nagar, Ambala City and is a LPG connection having Consumer No. 10743 being used for domestic purposes only. OP No.1 is a duly appointed distributor of OPs No.2 and 3 and is responsible for delivery, supply, distribution and installation of cylinders including undertaking mandatory checking at the time of installation of LPG cylinder. OP No.1 supplied and installed the Gas Cylinder on 31/10/2019 at the residence of the complainant. When the complainant returned on 03/11/2019 along with his family from Chhat Puja and opened the house and switched on the lights the cylinder immediately caught fire. The complainant and his family members immediately ran out from the house to save themselves as the entire house was engulfed with fire. In the meantime, there was a blast in the house due to the bursting of the Gas Cylinder. Due to the fire the entire house has been damaged and all the house hold articles including valuables of the complainant and his family members were burnt, the details of which are:

1. Currency notes of Rs.50,000/- (Rs. Fifty thousand only) kept in the house for marriage of niece.
2. Jewelry worth Rs.1,50,000/-(Rs. One lac fifty thousand only)
3. Wearing apparels/Clothes of the entire family of the value of Rs. Rs.1,50,000/-(Rs. One lac fifty thousand only)
4. Bed and Bed sheets etc of the value of Rs. 50,000/-(Rs.Fifty thousand only)
5. Four VIP suite case of the value of Rs. 12,000/-(Rs. Twelve thousand only)
6. Four Air Bags of the value of Rs.8,000/-(Rs. Eight thousand only)
7. Refrigerator of the value of Rs.13,000/- (Rs. Thirteen thousand only)
8. One mobile set make Motto of Rs. 10,000/- (Rs. Ten thousand only).
9. One mobile set make Nokia of Rs.3,000/- (Rs. Three thousand only).
10. One mobile set make Etax of Rs.1500/- (Rs. Fifteen hundred only).
11. One sewing machine of Rs.30,000/- (Rs. Thirty thousand only)
12.  Two wrist watches of Rs.9,000/-(Rs. Nine thousand only)
13. Two Wall hanging Watches of Rs.1,000/- (Rs. One thousand only)
14. One Tape recorder of Rs.3,000/- (Rs. Three thousand only)
15. Crockery of Rs.30,000/-(Rs. Thirty thousand only)
16. Utensils of Rs. 10,000/- (Rs.. Ten thousand only)
17. Food grains of Rs.5,000/- (Rs. Five thousand only)
18.  Two ceiling fans of Rs.1,000/-(Rs. One thousand only)
19. Mixi of Rs.2,000/- (Rs. Two thousand only)
20. Books of children of Rs.10,000/-(Rs. Ten thousand only)
21. Damage to the structure Rs.4,00,000/-(Rs. Four lacs only)
22. Education certificates etc.

 

3.           The fire was extinguished by the Fire Brigades who had duly recorded the same in the Roz-namcha and the incident was also reported to the police who recorded the incident in DDR No.21 dated 04/11/2019. The complainant also immediately informed OP No.1 who had supplied and installed the Gas Cylinder on 31/10/2019 as a result of which some staff of  OP No.1 visited the residence of the complainant and assured that they shall inform  OPs  No.2 and 3 about the fire accident and the inspecting team of  OPs  No.2 and 3 shall visit the residence of the complainant to investigate the cause of accident and shall also assess the damages and the compensation shall be paid accordingly. No official of OPs No.2 and 3 ever visited the residence of the complainant to investigate and assess the loss suffered by the complainant despite several personal visits of the complainant to the office of  OP  No.1. As per knowledge of the complainant the cause of fire was due to defective supply of Gas cylinder and due to improper installation of the Gas cylinder by the employees of OP No.1 and that is why OP No.1 is putting of the matter on the pretext that officials of OPs No.2 and 3 shall conduct an enquiry after visiting the residence of the complainant. The complainant has suffered huge loss due to defective and improper installation of Gas cylinder which amounts to deficiency in service. Thus the OPs are liable to pay compensation/damages for harassment caused to the complainant, which they failed to do so. Hence, the present complaint.
4.           Upon notice, OP No.1 appeared and filed written version wherein it raised preliminary objections to the effect that the complaint filed by the complainant is not maintainable; the complainant cannot take benefit of his own wrongs; the present complaint is nothing but mis-use of process of law etc. On merits, it has been stated that the complainant was not using the gas cylinder and stove in a proper manner as prescribed in the terms and conditions of Indane Company; the complainant was not using equipment, stove and regulator etc. originally taken from the distributor- OP No.1. Moreover, equipment/gas stove, regulator and cylinder was not installed at proper place i.e. kitchen. The gas cylinder as well as equipments were used in a bed room in improper manner which is totally violations of the terms and conditions of the Indian Oil Corporation, Government of India. There is no deficiency of the service on the part of OP No.1. There was no leakage of gas cylinder. Gas cylinder was supplied on 31.10.2019 and occurrence of fire alleged took place on 03.11.2019 in the night time and in the absence of the complainant. Moreover no such domestic equipment/articles were found damaged or effected by fire. Even when the complainant pressed to the OP No. 1 then he gave the information to the higher authorities -Navpreet Singh Sachdeva, Sales Officer, Indane, Ambala. Even an investigator at the instance of above said officer, visited the spot and found that no such occurrence took place as alleged by the complainant. Rest of the averments of the complainant were denied by OP No.1 and prayed for dismissal of the present complaint with special and exemplary cost.
5.           Upon notice, OPs No.2 and 3 appeared and filed written version wherein they raised preliminary objections to the effect that this complaint is bad for non-joinder and mis-joinder of parties; there is no privity of contract of complainant and OPs No.2 and 3; the  complainant is not a consumer of OPs No.2 and 3 etc. On merits, it has been stated that investigation of the alleged accident was carried out by Sh.Navpreet Singh, SO (LPG-Sales, Ambala LSA) who has reported that on the occasion of Chath Puja, the family had shifted the cylinder in the bed room to cook Prasad. The Cylinder and hot plate were placed at the ground level and the knob of hot plate accidently got turned on by the customer on the morning of 03/11/2019 when the family was about to leave for Puja. The family had locked the room as a result of which leakage of gas accumulated in the closed room and as soon as the customer came back from Puja and switched on the lights of the room, the cylinder caught fire and eventually burst due to accumulation of gas in the locked room. It has also been mentioned in the report that the LPG Hose pipe was of substandard quality. Therefore, the accident took place due to own negligence of the complainant. Rest of the averments of the complainant were denied by the OPs No.2 and 3 and prayed for dismissal of the present complaint with costs.
6.           Upon notice, OP No.4 appeared and filed written version wherein it raised preliminary objections to the effect that the complaint of the complainant is not maintainable against the OP  No. 4;  complaint is false and frivolous and is liable to be dismissed; the complainant has not come with clean hands before this Commission and has concealed the true and material facts; the complaint is bad for non joinder and mis joinder of necessary parties; complicated question of facts and law are involved in the matter in dispute, as such cannot be decided in summary proceedings; the complaint of the complainant is without cause of action etc. On merits, it has been stated that neither the complainant nor the OPs No. 1 to 3 have intimated the event of the alleged fire in the house of the complainant. The loss alleged to be suffered by the complainant in the fire is not covered under the Policy No. 261101/48/2020/605 as per the terms and conditions of the Policy.   For the settlement of the claim of the alleged loss the Claim Form, the Bill of burnt articles in the alleged fire were required, but neither the complainant nor the  OPs  No. 1 to 3 submitted the same to OP No.4. The cause of alleged fire might be due to carelessness of the complainant. Rest of the averments of the complainant were denied by OP No.4 and prayed for dismissal of the present complaint with costs.
7.           Upon notice, OP No.5 appeared and filed written version  wherein it raised preliminary objections to the effect that  the  instant complaint is a gross abuse of process of law and has been filed by the complainant with the sole purpose of harassing and pressuring OP No.5; the instant complaint is false, frivolous, baseless to suit the design of the complainant and the complainant cannot take benefit of his own wrongs; the complaint is not maintainable; the present complaint is ex-facia, misconceived, vexatious, untenable and devoid of any merits; the complainant has not come to the court with clean hands; complex question of law and facts are involved, hence, the same is to be relegated to the civil court; the complaint is bad for mis-joinder and non joinder of necessary parties; the complainant by his act and conduct is estopped and to file the present complaint etc. On merits, it has been stated that the complainant was not using the gas cylinder as per the terms and conditions of the company.  After the accident on 03.11.2019, the investigation of the alleged incident was carried out by Sh.Navpreet Singh, SO, (LPG -Sales, Ambala, LSA) who has reported that on the occasion of Chatth puja, the family had shifted the cylinder in the bed room to cook parasad. The cylinder and hot plate were placed on the ground level and knob of the hot plate negligently got turned on by the customer in the morning of 03.11.2019, when the family was about to leave for puja. The family locked the room as a result of which leakage of gas accumulated in the closed room and as soon as the customer came back from puja and switched on the lights of the room, the cylinder caught fire and eventually burst due to accumulation of gas in the locked room and it is also mentioned in the report that the LPG hose pipe was of substandard/non ISI quality. Thus, OP No.5 have rejected the claim of the claimant and the same was informed to OP no.2 and 3 as usage of sub standard quality hose pipe with domestic cylinder is a safety hazard and is breach of safety norms and the accident has happened due to the negligence of the complainant and as such as per exclusion no.3 of the policy, OP No.5 is not liable in any manner to pay any amount. The claim of the complainant  has been rightly rejected based upon the report of investigator/Field manager Navpreet Singh SO(LPG-Sales, Ambala LSA) which is verified by Area Manager also. Rest of the averments of the complainant were denied by OP No.5 and prayed for dismissal of the present complaint with cost and special cost.
8.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure C-A, alongwith documents as Annexure C-1 to C-11 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OP No.1 tendered evidence of Ajay Kumar, Proprietor of OP No.1 –M/s Mohit Gas Agency, Ambala City, R/o House No.1480/11, Badshahi Bag Colony, Ambala City as Annexure OP-1/A alongwith document Annexure OP-1/1 and closed the evidence on behalf of OP No.1. Learned counsel for OPs No.2 and 3 tendered evidence of Raghavendra Singh, Constituted Attorney of OP No.2-Indian Oil Corporation Limited, as Annexure OP-2/A alongwith documents Annexure OP-2/1 to OP-2/3 and closed the evidence on behalf of OPs No.2 and 3. Learned counsel for OP No.4 tendered evidence of Ramesh Kumar, Manager Legal TB Hub of OP No.4-Company–Oriental Insurance Company Limited, Regional Office, Ambala as Annexure OP-4/A and closed the evidence on behalf of OP No.4. Learned counsel for OP No.5 tendered evidence of Sonu Rathi, Authorized Officer/Manager Legal of OP No.5-Company–ICICI Lombard Insurance Company Limited as Annexure OP-5/A alongwith document Annexure OP-5/1 and closed the evidence on behalf of OP No.5.
9.           We have heard the learned counsel for complainant and learned counsel for OPs No.1 to 5 and have also carefully gone through the case file.
10.           Learned counsel for the complainant submitted that by not compensating the complainant for the loss suffered on account of leakage of the gas cylinder in question, which resulted into fire in his house, the OPs have committed deficiency in service.
11.           On the other hand, learned counsel for OP No.1 to 5 took almost similar submissions and reiterated that since at the time of inspection of the premises of the complainant on 04.11.2019, by Mr.Navpreet Singh, SO (LPG-Sales, Ambala, LSA), Ambala, it was found that  on occasion of Chatt Puja, the complainant had shifted the cylinder in the bedroom to cook Prasad and that the hotplate knob was not turned off properly due to which there was leakage of gas. The hot plate and cylinder were kept on the bedroom floor and that incident took place due to leakage of gas from cylinder through hotplate, which resulted into fire, as such, any claim arising out of the negligence of the complainant was not payable to him.
12.           It is coming out from the record that on the next day of incident of fire i.e. on 04.11.2019, Mr.Navpreet Singh, So (LPG-Sales, Ambala, LSA), Ambala, visited the premises of the complainant for inspection and thereafter submitted his report on 04.11.2019, Annexure  OP-2/3, itself, wherein he has clearly opined that on the occasion of Chatt Puja, the complainant had shifted the cylinder in the bedroom to cook Prasad and that the hotplate knob was not turned off properly due to which there was leakage of gas; that the hot plate and cylinder were kept on the bedroom floor and that incident took place due to leakage of gas from cylinder through hotplate. Relevant part of the said report is reproduced hereunder:-

“……Describe accident: Source of Leakage - On the occasion of Chatth Puja the family had shifted the cylinder in the bedroom to cook Prasad. The customer had placed the cylinder and hot plate at ground level for cooking purpose. The cylinder and Hot plate were shifted to the bedroom by the customer were being used to prepare the Prasaad and the knob of hot plate accidently got turned on by the customer on the morning of 03.11.2019 when the family was about to leave for Puja to perform ritual. The family had locked the room where the cylinder was kept before leaving for Puja The leakage got accumulated in the closed room and as soon as the customer came back from Puja and switched on the lights of the room the cylinder caught fire and eventually burst.

OBSERVATION & CAUSE:

1. The hot plate knob was not turned off properly due to which there was leakage
2. The hot plate and cylinder were kept on the bedroom floor
3. There was leakage from the Hot plate. Since the room was locked the LPG accumulated in the room and when the lights were switched on the cylinder caught fire

ANALYSIS: The knob of hot plate was not turned off properly due to which there was leakage and LPG got accumulated in the room……..”

13.           It is significant to mention here that the complainant has not placed on record any evidence to challenge the contents of the said report, Annexure OP-2/3. Even he has not denied the contents of report dated 04.11.2019, Annexure OP-2/3. It is also not the case of the complainant that the inspection report has been prepared without inspecting the premises where the fire took place. As such, this commission has no reason to ignore the opinion given by the Mr. Navpreet Singh, SO, in the report dated 04.11.2023 that the complainant had kept the hot plate and cylinder on the bedroom floor. The hotplate knob was not turned off properly by him, as a result whereof there was leakage of gas, from cylinder through hotplate, which resulted into occurrence of fire in the premises of the complainant. Taking all these facts and circumstances into consideration, we are of the view that the complainant cannot blame the OPs for the occurrence of fire in his premises and not entitled to seek any relief from them. 
14.           In view of the aforesaid discussion, it is held that the complainant has failed to prove that he is entitled to get any relief from this Commission in the matter. Resultantly, this complaint stands dismissed with no order as to cost. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 01.12.2023

 

 

	(Ruby Sharma)	(Neena Sandhu)
	Member	President