MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed C.C.Case No. 23/2022 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Hon’ble Commission may kindly issue necessary direction to the Ops to award compensation to an amount of Rs. 6,25,000/- including treatment expenses to the petitioners under the PM MISHAP Scheme or suitable compensation under any law”.
Heard the Ld. Counsel from both the parties at length. Perused the documents/annexures available on record and also gone through the complaint petition & so also the written version filed by the Op No.1.
Taking into all the facts and circumstances involved in this case, it is our considered view that there is no correspondence from Complainant except legal notice dt. 16.10.2021 whereas the incident occurred on 20.01.2020 and there is no complain with the Ops with regard to repairing of gas stove, cylinder, Pipe or any bill to that effect which goes to show that everything in the gas was normal. It is also the averment that no one was present at the time of incident and how the deceased died when everything was intact has not been explained. Obtaining a fire certificate from fire office does not mean that fire occurred due to any defect in the gas. It is specifically written in the brochure filed by Complainant that if any accident occurs then Complainant has to give the same in writing immediately but there is no such immediate complain by the Complainant rather notice has been sent after 2 yrs which can be concluded as afterthought. Many disputed fact involved in this case and if there will be enquiry, many new things may come up to the light, which is not within our jurisdiction. The proceeding before Consumer Commission is summary in nature and complicated question of fact cannot be adjudicated by this commission.
Hence we find no merit in this case and the C.C.Case No. 23/2022 is hereby dismissed and accordingly disposed off.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 4th day of October,2023.
I, agree
Sd/- Sd/-
MEMBER PRESIDENT