Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 29.02.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 2,40,000/- as a loss due to fire.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as compensation.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant has asserted that he is a consumer of L.P.G.connection granted by I.O.C. ( Indane ) through its opposite party no. 2 being consumer no. 10209. It is the case of the complainant that on 15.06.2008 while the L.P.G. Cylinder was being used in the kitchen its regulator caught fire which spread in the entire house due to which house hold items turned into ashes and cylinder exploded. Thereafter the complainant informed about occurrence to the local police vide annexure – 1. The aforesaid information was lodged as Sanha being SDE no. 547/08/16.06.2008 by officer in charge Hawai Adda P.S.
It has been further asserted that the aforesaid occurrence occurred due to leakage in the cylinder which was supplied by opposite party no. 2. The matter was also informed to opposite party no. 2 ( dealer ) Jai Shree Enterprises, who suggested the complainant to apply before United India Insurance Company i.e. opposite party no. 1 under dealers package policy for the claim of such type. Thereafter the complainant filed proper application before opposite party no. 1 which has been annexed as annexure – 2.
The grievance of the complainant is that later on opposite party no. 2 informed the complainant that opposite party no. 1 has rejected the claim of the complainant vide annexure – 3 which has been addressed from opposite party no. 1 to opposite party no. 2.
On behalf of opposite party no. 1 a counter affidavit has been filed. In Para – 13 of this counter affidavit following facts have been asserted by opposite party no. 1 “ that on 26.01.2009 the surveyor reported the same to the Insurance company and assessed the loss and damage of Rs. 79,050/- ( Rs. Seventy Nine Thousand Fifty only ).”
It is further stated in the aforesaid counter affidavit that the alleged occurrence took place neither at the time of installation nor during the course of carrying the aforesaid L.P.G. cylinder.
On behalf of opposite party no. 3 a show cause has been filed in which it is stated that in the entire complaint does not disclose any act of omission of opposite party no. 3 and as such opposite party no. 3 is not responsible for any loss or damage to any person or property as a result of installation and use by consumer.
We have gone through the entire record of this case. From the order sheet it transpires that this case has been heard exparte against opposite party no. 2 as he did not appear despite service of notice etc.
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From bare perusal of the Para – 13 of counter affidavit of opposite party no. 1 it is crystal clear that after receiving the information of the alleged occurrence the opposite party no. 1 deputed a surveyor who has found the occurrence true and damage to the tune of Rs. 79,050/-.
It has been further transpires from the record that the aforesaid L.P.G. cylinder was installed on 29.05.2008 and there was explosion due to fire on 15.06.2008. Thus the aforesaid occurrence took place about 17 days from the date of installation. This clearly proves that there was some deficiency in the installation and due to this deficiency alleged occurrence took place after 17 days delay.
The mere fact that complainant has not specifically asserted that the occurrence has taken place at the time installation will not ruin the entire prospect of the complainant in getting damage as per insurance cover from opposite party no. 1.
The surrounding fact clearly indicate that the occurrence took place due to installation problem. Hence we find and hold that the fact of the case constitutes deficiency on the part of opposite party no. 1.
We therefore direct the opposite party no. 1 ( United India Insurance Company Ltd. ) to pay Rs. 79,050/- ( Rs. Seventy Nine Thousand Fifty only ) to the complainant which is the loss assessed by surveyor appointed by opposite party no. 1 itself. The aforesaid amount must be paid to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 1 will have to pay an interest @ 12% on the aforesaid amount till its final payment.
Opposite party no. 1 is further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member President
