C.F. CASE No. : CC/11/77
COMPLAINANT : Sri Abani Mohan Saha
S/o Lt. Gopeswar Saha
Rana Protap RD Panch Matha More
P.O. Saktinagar, Dist. Nadia
OPPOSITE PARTY/OP : The Proprietor
Indane Sales Centre
6/1 D.L. Roy Road,
P.O. Krishnagar
P.S. Kotwali, Dist. Nadia
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 21st December, 2011
: J U D G M E N T :
In brief, the case of the complainant is that he is a consumer of gas connection under the OP having two cylinders. It is his further case that on 17.06.11 at 6.30pm due to gas leaking from cylinder fire broke out at the time of use of gas oven as a result of which his house hold articles, door, windows, clothings, shirt-pant, utensils, dining table, chairs & tea-table etc. were burnt to ashes which also caused huge monetary loss to him. Local people rushed to the spot on seeing this. He informed Fire brigade & Kotwali P.S. also who getting information rushed to the spot and saw the incident of gas leakage and loss of articles also. Thereafter, he made GDE at the P.S. and on 17.06.11 Fire brigade issued a certificate to that effect. His total loss is estimated at Rs. 1,00,000/-. He also sent a letter to the OP intimating the incident by registered post, but no response was received from him. It is specific allegation that due to this negligent act of the OP this incident happened which caused huge loss to him. So he has filed this case praying for the reliefs as stated in the petition of complaint.
OP appeared at this case & prayed for time to file written version. But ultimately no written version is filed & the OP has not contested this case. So it is heard exparte.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
It is the case of the complainant that on 17.06.11 at 6.30pm fire broke out at his house at the time of using oven as the gas cylinder was leak and to fire all his house hold articles including chair table, doors & windows caught fire & burnt to ashes as a result of which he suffered financial loss of Rs. 1,00,000/-. On receiving information police & fire brigade men rushed to the P.O. and witnessed the incident. In support of his case the complainant & three other witnesses have filed examination-in-chief supporting the case of the complainant.
In the petition of complaint nowhere it is stated that as soon as fire broke out at his house, the complainant intimated it to the OP either by telephone or through messenger to the effect that this fire was caused due to leakage of gas from gas cylinder. Rather he intimated that OP by sending a letter on 17.07.2011 about this incident (Annexure – 2). Even in that letter he has failed to mention about any date and time about informing the OP regarding the incident of fire though he has relied up ‘Annexure – 1’ which speaks that “In case of gas leakage beyond hooking hours, please call.” There is no documentary evidence on his side to show that he intimated the incident of fire due to gas leakage to the OP. On the self-same date of the incident i.e., on 17.06.11. Rather we find that he intimated this incident to the OP on 17.07.11 by sending a letter. From the evidence of the other PWs it is not available that actually fire broke out due to gas leakage. From ‘Annexure – 3’ it is available that he intimated the matter to the Fire brigade in writing on 19.06.11 and on that date Fire brigade issued a note on that letter to the extent that on 17.06.11 Fire-service men attended the P.O. and found that the fire already was extinguished by the local people and the L.P. gas was basking from the cylinder. Fire personnel stopped the leak by safety Cap. From the ‘Annexure – 3’ it is also available that at the time of changing gas cylinder and setting fire at the oven fire broke out on the cylinder at which all his house hold articles were burnt. So from this ‘Annexure – 3’ it is clear that actually fire broke out at the time of changing gas cylinder by the complainant. The gas leakage was stopped by the fire men and before their arrival fire was extinguished. So it is clear that within a short doors, windows, chair table and other house articles could not be burnt which is a practical impossibility.
In view of the above discussion our considered view is that in this case we find no deficiency in service or negligence on the part of the OP in the alleged incident of fire as it is not at all proved that the complainant intimated him about the alleged gas leakage to the OP at the time of the incident. We do also hold that as the complainant has not become able to prove his case, so he is not entitled to get any reliefs as prayed for. In result the case fails.
Hence,
Ordered,
That the case, CC/11/77 be and the same is dismissed exparte against the OP without any cost.
Let a copy of this judgment be delivered to the parties free of cost.
