- (1.) The present Appeal has been directed against the judgement and order dt. 18.8.09 passed by the District Consumer Disputes Redressal Forum, South 24 Parganas, in C.C. Case No. 96 of 2008 wherein the Ld. District Forum allowed the complaint case with cost thereby directing the OP No. 2 to obtain a duly filled up claim form from the complainants/Appellants along with original supportive documents and to send the same to the Insurance Co. and to pursue the claim of the complainants with due intimation to the complainants, together with a verdict to the effect that the Insurance Co. will settle the claim within 45 days from the date of receipt of the claim, together with litigation cost of Rs. 2,000/- in favour of the complainant along with an order of dismissal of the case against the OP No. 1 on contest without cost.
(2.) The complainants/Appellants case before the Ld. District Forum, in brief, was that the Complainant No. 1 was a bonafide consumer in respect of the LPG connection under OP No. 2, the distributor under Hindustan Petroleum Ltd. (OP No. 1). According to the complainants case, on 16.7.04 on being asked by the complainants the OP No. 2 deputed a workman to check the complainants gas cylinder and during such checking there was an accidental fire causing severe injuries to the complainants and the workman of OP No. 2. Subsequently the complainants lodged a complaint before the Ops for compensation to the tune of Rs. 2,38,335/- but the complainants being not accommodated by the Ops they were compelled to lodge a consumer complaint before the Ld. District Forum.
(3.) The OP No. 1 contested the case by filing written version thereby denying all the mater averments of the petition of complaint contending inter alia that the OP No. 1 is not a necessary party inasmuch as there was no privity of contract between the OP No. 1 and the complainants for compensation etc. and that the OP No. 2 being a distributor under the OP No. 1 there was no point in impleading the OP No. 1 as a party to the proceeding and prayed for dismissal of the petition of complaint.;