SENIOR AREA MANAGER, INDANE AREA OFFICE Vs. S SUBBARAYUDU
LAWS(APCDRC)-2004-3-1
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 22,2004

SENIOR AREA MANAGER, INDANE AREA OFFICE Appellant
VERSUS
S Subbarayudu Respondents

JUDGEMENT

- (1.) OPPOSITE parties 2 and 3 are the appellants in FA No. 471/2000 and opposite party No. 4 is the appellant in FA No. 472/2000. Aggrieved by the order of the District Forum, Kurnool in O.P. No. 183/1997 dated 5.8.1999, the present appeals have been filed.
(2.) THE factual matrix leading to the filing of these appeals are set out hereunder:
(3.) THE complainant is a consumer of opposite parties 1 to 3 and opposite party No. 4 is the insurer of opposite party No. 1. On 2.4.1996 at about 5.00 a.m. the gas cylinder supplied by opposite party No. 1 suddenly exploded getting ablaze entire house, destroying several articles like Mixie, T.V., new clothes resulting in heavy damage to the property and causing injury to the family members of the complainant. As the claim of the complainant was not settled by the opposite parties, the complainant has filed the complaint. Opposite party No. 4, filed its written version which was adopted by opposite parties 1 to 3 by means of a memo. It is primarily stated that the complainant is not an insurer covered by the policy while the first opposite party is only insured with opposite party No. 4. It is further stated that there is no direct connection or privity of contract between the complainant and opposite party No. 4. As per the policy the insured and its customer should follow all the standard procedure prescribed for safety measures in the supply and usage of LPG cylinders. It is further stated that the opposite parties 1 to 3 will supply or instal the cylinder and regulator and if any accident arises due to these installations i.e., the cylinder and regulator, the policy cover the liability of opposite party No. 1. As per the report of the Surveyor of Oriental Insurance Company, who inspected the scene of accident along with the officials of Indian Oil Corporation, it has been found that the accident took place due to leakage of gas from rubber tube and because of spark from the refrigerator which was kept in the kitchen. In short each of the opposite parties blame the other one and finally opposite party No. 4 repudiated the claim.;


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