STATE CONSUMER DISPUTE REDRESSAL COMMISSION

BIHAR, PATNA

Appeal No. 283 of 2017

Sanoj Kumar alias Shailesh Kumar, Dealer, Maa Bindhya Vashini H.P. Gas Agency, Arwal, Sipah, PO, PS & District- Arwal

                                                                                                                                                               … O.P. no. 1/Appellant

Versus

1. Raju Sao alias Raju Kumar, Son of Gopal Sao, Resident of Village- Bania Bigha, PS & District- Arwal

                                                                                                                                           …. Complainant/Respondent no. 1

2. Branch Manager, National Insurance Company Ltd. Aurangabad through Regional Office, Regional Manager, National Insurance Company Ltd. 4^th Floor, Sone Bhawan, Birchand Patel Marg, Patna- 800001

                                                                                                                                               …. O. P. no. 2/ Respondent no. 2

3. Branch Manager, United India Insurance Co. Ltd. Patna through Regional Office, Regional Office, Regional Manager, United India Ins. Co. Ltd. R-Block, Birchand Patel Marg, Patna- 800001

                                                                                                                                               …. O. P. no. 3/ Respondent no. 3

Counsel for the Appellant: Adv. Sanjay Kumar & Adv. Pritam Kumar

Counsel for the Respondent No. 1: Adv. Pushpendra Kumar Singh & Adv. Shailendra Kumar

Counsel for the Respondent No. 2: Adv. Sanjay Kumar Sharan

Counsel for the Respondent No. 3: Adv. Rajesh Chandra Narayan

Before,

Hon’ble Mr. Justice Sanjay Kumar, President

Mr. Ram Prawesh Das, Member

Dated 24.05.2023

As per Sanjay Kumar, President.

O r d e r

1. Present appeal has been filed on behalf of Maa Bindhya Vashini H.P. Gas agency, Arwal through its dealer Sanoj Kumar for setting the order dated 29.07.2017 passed in Complaint Case no. 35 of 2015 passed by the Ld. District Consumer Forum, Arwal whereby and whereunder the Ld. District Consumer Forum has allowed the complaint case and directed all opposite parties no. 1,2 & 3 to pay jointly and severally Rs. 3,50,000/- as compensation for death of son of complainant and Rs. 50,000/- for loss of household articles in fire and Rs. 60,000/- as medical expenses incurred in treatment of burn injuries of complainant and his family members and Rs. 5,000/- as cost of litigation Total Rs. 4,65,000/- within two months from the date of order.
2. Briefly stated the facts of the case is that complainant is a consumer of L.P.G of Hindustan Petroleum Ltd. through its dealer Maa Bindhya Vashini gas agency, Arwal. A gas cylinder was delivered at the residence of complainant by gas agency on 02.02.2015 and on 24.03.2015 at about 8:00 A.M when the knob of regulator was switched on and gas burner was being lighted due to leak in gas cylinder there was a blast and fire broke in the house and unfortunately son of complainant Yugank alias Ishu Kumar aged about 10 years died on the spot and in order to save him, complainant, his father and one family member Guddu Kumar received burn injuries.
3.  FIR was instituted as Arwal U.D case no. 06 of 2015 dated 24.03.2015.
4. It is alleged by the complainant that due to negligence of opposite parties and lack of supervision of regular inspection of gas cylinder and gas burner the blast took place and same amounts to deficiency in service. Complainant approached the opposite parties for payment of compensation but they did not take any steps to pay compensation as such complainant filed a consumer complaint case in the District Consumer Forum for payment of adequate compensation.
5. In support of his claim case complainant apart from evidence on affidavit filed documentary evidences which were marked as Exhibit-i (Death certificate of Yugank alias Ishu Kumar), Exhibit-ii (Certificate granted by fire brigade for extinguishing the fire), Exhibit- iii (FIR of U.D case no. 02 of 2015), Exhibit-iv (Charge sheet dated 24.03.2015), Exhibit- v (Subscription voucher dated 21.02.2015 for issuance of gas connection by Maa Bindhya Vashini Gas Agency in the name of complainant), Exhibit-vi ( Receipt), Exhibit-vii (Consumer card having consumer number 615449), Exhibit-viii (Receipt of insurance of National Insurance, Aurangabad), Exhibit-xi (Circular with respect to insurance of United Insurance Pvt. Ltd. Divisional Office, Mumbai), Exhibit-x & xA (Paper cutting of Hindustan newspaper and Danik Jagran Newspaper dated 25.03.2015), Exhibit-xi (Postmortem report of Ishu Kumar), Exhibit-xii (Letter dated 20.10.2014 of Regional Office, of Hindustan Petroleum Ltd.), Exhibit-xiii & xiiiA ( Letter of opposite party no. 3 and application dated 23.12.2016).
6.  Notices were issued to opposite parties upon which opposite party no. 1 Maa Vindhya Vashini Gas Agency appeared but inspite of being granted several opportunities it did not file any W.S or written argument. Opposite party no. 2 also appeared but did not file any Written statement and remained absent. Opposite party no. 3 through a letter dated 23.12.2016 demanded a copy of insurance policy of Vindhya Vashini Gas Agency which was sent by the Forum through a registered letter but thereafter, neither appeared nor filed written statement.  None of the opposite parties showed any interest to contest the present proceeding and neither filed any written statement nor any written argument nor appeared before the District Consumer Forum as such the proceeding remained ex-parte and after hearing the counsel for complainant final order was passed by the District Consumer Forum, Arwal.  
7. The District Consumer Forum on the basis of evidences both oral and documentary produced by the complainant has held that due to leak in gas cylinder supplied by opposite party no. 1 fire broke in the house of complainant on the date and time as indicated in the FIR. The defective cylinder exploded as a result of which the house of complainant caught fire in which the son of the complainant died and in order to save him others suffered burn injuries and many household articles were destroyed in the fire.
8. The District Consumer Forum has further held that opposite party no. 1 had provided a gas connection of Hindustan Petroleum on 21.02.2014 and complainant was issued a passbook having consumer number 615449 and as per entry made on said passbook a gas cylinder was supplied to the complainant on 02.02.2015 and it was responsibility of opposite party no. 1 to provide defect free gas cylinder and to conduct regular inspection so that safety of consumers are not compromised. As per circular it is the responsibility and duty of opposite party no. 1 to supply gas cylinder in the house of consumer free from any defect and if there is any defect then there should be proper inspection of the delivered gas cylinder but opposite party no. 1 did not conduct any inspection with respect to gas cylinder supplied to complainant and failed to take proper care and caution while delivering the gas cylinder to the consumers.
9.  The gas cylinder which was supplied to complainant was leaking as a result of which when gas burner was being lighted as a result of gas leakage the gas cylinder exploded and whole house was engulfed in fire which shows negligence and carelessness by the opposite party no. 1 which amounts to deficiency in service.
10. The District Consumer Forum has held with respect to opposite party no. 3 that in view of publicity policy published by the company, the gas agency opposite party no. 1 who is dealer of Hindustan Petroleum and was insured through an insurance policy of Hindustan Petroleum for the period from 02.05.2014 to 01.05.2015 (annexure-9). The Forum has further held that in terms of annexure-8 issued by opposite party no. 2 Branch Manager, National Insurance company Aurangabad Branch, the gas agency opposite party no. 1 was within its insurance coverage for the period from 07.08.2014 to 06.08.2015 and the fire incident in the house of complainant took place on 24.03.2015 which is within the policy period, as such opposite party no. 1 gas agency had insurance coverage of both the insurance company.
11. The District Consumer Forum has finally concluded that due to negligence and recklessness in supplying the LPG gas cylinder which was leaking and exploded in the house of complainant as a result of  which fire broke in the house of complainant resulting in death of his son and in order to save him family members received burn injuries and many household articles were destroyed in fire due to negligence of opposite party no. 1 which amounts to deficiency in service and as opposite party no. 1 is insured by opposite party no. 2 and 3 as such all three are jointly and severally liable to compensate the complainant by order dated 29.07.2017.
12. Aggrieved by order dated 29.07.2017 passed by District Consumer Forum, Arwal, appellant /opposite party no. 1 has preferred this appeal against the impugned order.
13. Maa Vindhya Vashini gas agency (opposite party no. 1) is dealer of Hindustan Petroleum Corporation Ltd. who is manufacturer of the LPG gas cylinder. Hindustan petroleum Ltd. was a necessary party but was not made as a party/respondent in the complaint case. The delivery of gas cylinder of Hindustan Petroleum Corporation Ltd. through its dealer Maa Vindhya Vashini Gas Agency on 21.02.2015 is not disputed. On 24.03.2015 when the gas burner after switching on the knob of gas cylinder was tried to be lighted, there was blast in which entire cylinder, utensils and other household articles were destroyed in the fire and son of the complainant died on the spot and other family members received burn injuries while trying to save the deceased.
14. FIR was instituted on the same day and police submitted charge sheet against the accused and found that the gas cylinder exploded as there was leakage in the gas cylinder which establishes that the gas cylinder which was delivered at the residence of complainant was defective. The District Magistrate had himself visited the residence of complainant and had assured that due compensation will be paid to him.
15. There is no evidence on record to suggest that the accident took place due to mishandling or some negligence on the part of complainant or any family members. There was no violation of section 3(2) of the LPG control order as the said gas cylinder was supplied by its dealer Maa Vindhya Vashini Gas Agency authorized by Hindustan Petroleum Corporation Ltd. to supply the LPG gas cylinder to the consumers. There was no violation of the gas cylinders rule 2004 as the notice of accident was immediately given to the police station as well as the gas agency. The District Magistrate had visited the place of accident but there is no material on the record that any enquiry was conducted by him under rule 68 or 69 of Gas Cylinder Rules, 2004.
16.  There is no expert opinion on the record with respect to cause of blast of gas cylinder. It was for the Hindustan Petroleum Corporation Ltd. to conduct enquiry to ascertain cause of blast of LPG cylinder to lead expert evidence.
17. Opposite party no. 1 Maa Vindhya Vashini gas agency had taken insurance policy from National Insurance Co. Ltd. and Hindustan Petroleum Corporation Ltd. had also obtained insurance policy from United India Assurance Company under public liability policy in which third party which includes consumers of Hindustan Corporation Ltd. were also insured against death and loss of property.
18. As LPG cylinder was manufactured by Hindustan Petroleum Corp. Ltd. and same being defective causing explosion leading to death and destruction in the residence of complainant it is liable to pay the compensation. Since, Hindustan Petroleum Corp. Ltd. is insured by United India Assurance Co. Ltd. and on the date of explosion of LPG cylinder, the insurance was effective and valid as such United India Corp. Ltd. is liable to indemnify the Hindustan Petroleum Corporation Ltd.
19. As primary liability to pay the compensation amount is with Hindustan Petroleum Corporation Ltd. who had entered into an agreement with United India Insurance Company under public liability policy which under section 2 covers personal accident to third party and damage at authorized customers registered premise but since Hindustan Petroleum has not been made party as such no direction can be issued to it to pay the compensation amount as ordered by the District Consumer Forum.
20. For the reasons as stated above, the order dated 29.07.2017 passed in Complaint Case no. 35 of 2015 passed by the Ld. District Consumer Forum, Arwal is set aside and case is remanded to the District Consumer Forum, Arwal where Hindustan Petroleum Corporation Ltd.( detailed to be supplied by complainant) shall be added as the opposite party and notices be issued to the newly added party so that, it could appear and file its show cause to the complaint petition filed by complainant and thereafter, the District Consumer Forum shall decide the complaint case within 90 days from the date of appearance/valid service of notice on Hindustan Petroleum Corporation Ltd.
21. The appeal is allowed and the case is remitted back to the District Consumer Forum, Arwal who shall decide the complaint case in terms of observation as made above.

(Ram Prawesh Das)                                                                                                                     (Sanjay Kumar,J)

       Member                                                                                                                                       President

Md. Fariduzzama