Date of filing : 24-09-07 Date of order : 15-12-08. IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.55/07 Dated this, the 15th day of December 2008. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Abdulla, S/o.Ibrahim, R/at Kundil, Geukatta House, Pavoor.Po, } Complainant Kasaragod.Dt. (Adv.M.T.Narayana Shetty, Kasaragod) 1. The Proprietress, M/s Anantha Gas Agencies, HP Gas Distributors, } Opposite parties Hosangadi, Po.Manjeshwar, Kasaragod.Dt. (Adv.M.Mahesh, Kasaragod) 2. The Chairman & MD, H.P.C.L. Petroleum House, 17 Jamshetji Tata Road, Mumbai 400020. (Adv.P.V.Jayarajan, Kasaragod) 3. Branch Manager, M/s United India Insurance Co. M.G.Road, Kasaragod. (Adv.A.C.Ashokkumar, Kasaragod) O R D E R SRI.KT.SIDHIQ, PRESIDENT The complainant Abdulla filed this complaint claiming compensation from the opposite parties on the ground that his entire house gutted in fire due to explosion of the gas cylinder supplied by Ist opposite party gas agency. 2. Opposite parties resists the claim and contends that the cause of fire was not LP Gas leakage from the cylinder and it is a concocted story for the purpose of extracting money from opposite parties as compensation. The LPG cylinder was exploded due to the fire caused to the house for some other reasons. 3. Complainant filed affidavit and faced cross-examination by the counsel for opposite parties at length. Exts. A1 to A10 marked. Exts B1 to B3 marked on the side of opposite parties. The copy of fire report was called for and marked as Ext.X1. Both sides heard and the documents perused. 4. It came out in evidence that the gas cylinder was exploded before the arrival of fire service who were called earlier to extinguish the fire caused to the house of the complainant. In Ext.X1 fire report also it is reported that the gas cylinder was exploded just 2 minutes prior to the arrival of the fire service. Therefore the contention of the opposite parties that the gas cylinder was exploded due to the intense heat generated in the closed room due to fire caused for other reasons appears to be true and acceptable. If that be so the cause of fire cannot be attributable to the leakage of LPG and therefore opposite party’s are not liable to compensate the complainant. There is no deficiency in service on the part of opposite parties and they are not liable to compensate the complainant for the fire caused to his house complaint accordingly fails and hence dismissed with no order as to costs. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Photo copy of Consumer Card. A2.7-7-07 Copy of police complaint. A3. Petition receipt issued by Manjeshwar Police Station. A4. Photocopy of FIR A5. Photocopy of Savings Bank Pass Book A5(a) photocopy of savings account Pass Book A6 . Photo Negatives A7.& 7(a)Utharadesam Paper 7-7-2007 A8.17-08-07 copy of lawyer notice. A9 & A9(a) Acknowledgement cards. A10.X-press money receive now application form. B1. 18-09-07 reply notice. B2. 22-09-07 Certificate issued by Village officer Kunjathur B3. Site Mahazor X1-Report of Fire Force. PW1. Abdulla. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
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