BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NUH (MEWAT).
Complaint No. 15 of 2015
Date of Instt:-9.11.2015
Date of Decision:-23.6.2017
Khem Chand son of Dal Chand resident of Ward No. 3 Nuh Tehsil Nuh District Mewat.
.......Complainant
Versus
Hindustan Petroliam through Vijay Gas Services Jogipur Road Nhu Tehsil Nuh District Mewat.
.....Opposite party
Complaint under Section 12 of
Consumer Protection Act, 1986
Before:- Sh. Rajbir Singh Dahiya, President
Smt. Urmil Beniwal, Member
Smt. Keeran Bala, Member
Present:- Sh. Narender Kumar, Adv. for the complainant.
Sh., Nishand Gupta Adv. for the opposite party.
Order:- ( R.S. Dahiya, President)
The brief facts of the complaint are that the complainant is a permanent resident of ward No. 3, Tehsil and District Nuh and living with his father, who is the consumer of the gas agency of the opposite party vide connection No. 603152.
2. On 30.1.2014 at about 10.00 a.m. when the wife of the complainant opened the knob of the gas cylinder for preparation of breakfast, the gas cylinder caught fire from earthen choolah, which was active with the fire near the kitchen of the complainant and the whole house along with valuable domestic items like washing machine, refrigerator, cooler, fan, rajai, mattresses, food grain container with 20 maunds wheat, bed and other small domestic items were burnt in the fire. The house and household goods were burnt due to the gas cylinder which caught fire and the said gas cylinder was already leaking and the complainant had complained about the leakage of the gas cylinder to the delivery man of the gas cylinder at the time of delivery of the said gas cylinder, but the salesman of the opposite party told the complainant that the gas cylinder is not leaking and is okay. Due to the negligence of the opposite party and its employees the fire took place. The complainant is a poor man and he is facing huge economic loss and has also prepared the burnt house and items. In this regard, the complainant lodged a complaint in the police station Nuh vide DD No. 09 dated 30.1.2014. The complainant visited the gas agency of the opposite party many times and requested for compensation of loss, but the opposite party denied their fault and refused to compensate him. Hence, this complaint.
3. On notice, the opposite party put in appearance and filed reply agitating that the complaint is false and frivolous and is not maintainable in the present forum and has been filed only to extract the money from the opposite party. It has been contended by the counsel for the opposite party that the gas cylinder was supplied to the consumer on 10.1.2014 vide cash memo No. 149561, but the incident reported is of 30.1.2014, so the opposite party is not responsible at all. It is further contended that at the time of delivery of gas cylinder to the consumer the seal was intact and cylinder was fit for use. It is alleged that the incident took place after 20 days of supply of gas cylinder, so there is no deficiency in service on the part of the opposite party. Dismissal of complaint is prayed for.
4. In evidence, learned counsel for the complainant has produced the affidavit of Khem Chand-Complainant Ex. PW1/A and affidavit of Gan Shyam Ex. PW2/A and closed the evidence. On the other hand, learned counsel for the opposite party has produced the consumer details Ex. R1, copy of gas connection Mark-R2 and copy of inspection report Mark-R3 and closed the evidence.
5. During the course of arguments, the counsel for the complainant produced a Mukhtyarnama Khas in favour of the complainant given by Sh. Dal Chand consumer and father of the complainant in regard to the verbal objection of the opposite party that the complainant himself is not a consumer of the opposite party. The Mukhtyarnama Khas produced by the complainant has not been objected to by the counsel for the opposite party and the counsel of the opposite party made no objection to the filing of the SPA at a belated stage and he scribed ‘no objection’ and thus, this issue is settled.
6. After going through the evidence, oral as well as documentary placed on the file by both the parties, it is not in dispute that the house and household goods of the complainant claimed by him in his complaint were burnt. The main point of discussion is whether the house of the complainant caught fire due to the leakage in the gas cylinder or the negligence of the complainant himself of earthen choolah burning near the kitchen of the complainant.
7. On the contrary, the opposite party placed on the file Mark-R1 to Mark R3 belie the stand of the opposite party that the LPG cylinder was supplied to the consumer on 10.1.2014. In fact, the cylinder was supplied on 25.1.2014 mentioned in Mark R2 which is their own exhibit. The opposite party also placed on record Mark R3, Inspection Report dated 2.10.2013. Both the above Marked cannot come the rescue of the opposite party in any manner.
The averments of the complaint find support from the report of the fire brigade officer, Nuh who are specialists in finding the relevant cause of fire and in this case four/five people of the fire department were present and responsible for controlling the fire completely. As per their report, the cause of fire was a leakage in the gas cylinder. Mark R3 the inspection report by Hindustan Petroleum dated 2.10.2013 finds everything is in order as required by the gas agency where the cylinder and the hot plate/ burner are kept and used. So, the only conclusion is the leakage of cylinder. Another argument was also raised by the opposite party that cylinder was without any leakage at the time of supply of gas cylinder. The cylinder was used for 4-5 days that is from 25.1.2014, the date of delivery of cylinder to 30.1.2014 that is the date of the fire. Defects can occur in any machinery including the LPG cylinder as well any time. It cannot be presumed and said with certainty that no fault or defect cannot take place after the supply of the LPG cylinder to the consumer. So, we concur with the averments of the complainant, the opposite party has also failed to rebut the contentions of the complainant that the house got burnt along with the mentioned articles due to gas cylinder which got ignited due to fire from the choolah near the kitchen.
8. Resultantly, the complaint is allowed and the opposite party is directed to pay Rs. 40000/- (Forty thousand Rupees only) towards the damages of household articles and Rs. 30000/- (thirty thousand rupees only) towards the damages of the house of the complainant along with interest at the rate of 9% per annum to the complainant within one month from the date of filing of complaint i.e. 9.11.2015 till its reealization. The opposite party is also directed to pay Rs. 5000/- (five thousand rupees only) towards the compensation and litigation charges to the complainant. File be consigned to the record room after due compliance.
Announced on 23.6.2017
President
Member Member District Consumer Disputes
Redressal Forum/Nuh (Mewat)
23.6.2017
