GAJENDRA NAYAK Vs. SANGRAMI GAS

JUDGEMENT

(1.) IN this complaint filed under Section 17 of the Consumer Protection Act, 1986 , the complainant has claimed compensation of Rs. 9,50,000 from the opposite parties.

(2.) THE sum and substance of the grievance of the complainant is that the opposite parties are jointly and severally liable for the negligence in supplying a defective LPG cylinder to him for which there was outbreak of fire resulting in death of her daughter and sustaining injuries by himself and other family members and loss of household properties. Briefly stated the complainant s case is that he is a consumer of LPG manufactured and supplied by the Indian Oil Corporation Limited (opposite party No. 2) through its dealer M/s. Sangrami Gas - opposite party No. 1. On consideration of his application for supply of LPG gas he was allotted Consumer No. 2610. He duly deposited the costs of the LPG. cylinder at the time of allotment of the consumer number. On 19.4.2001 he booked for supply of LPG cylinder to the opposite party No. 1. On the next day i.e., on 10.4.2001 a filled LPG cylinder was supplied to him on payment of its price. On 25.5.2001 at about 7.15 p.m. there was failure of power supply in his house. Therefore, all the family members were sitting in the dining room by lighting candles. Prasant Kumar Swain, a relative went to the kitchen to connect the regulator to the gas cylinder. While removing the safety cap to connect the regulator, there was leakage of gas from the cylinder. The gas spread into the kitchen room, dining room and bed -room which caught fire by the burning of candles kept in the dining room. As a result the complainant and his daughter - Diptimayee received severe burn injuries. Complainant s son Sanjeeb and his brother -in -law Prasant rushed to the dining room to rescue the victims and in the process they also received burn injuries. The neighbours rushed to the spot and rescued them. All the above four persons were under treatment in the S.C.B. Medical College and Hospital, Cuttack as well as in the Private Hospital. The condition of Diptimayee became serious and she was shifted to Kalinga Hospital, Bhubaneshwar for better treatment. She however could not survive and ultimately succumbed to the burn injuries and died on 2.6.2001. Because of supply of defective LPG cylinder, the fire broke out which has not only resulted in the loss of human life but also destroyed household properties. On the above ground the complainant claims a total sum of Rs. 9,50,000 as compensation from the opposite parties. The break up of the claim is as follows:

(3.) NEITHER of the opposite parties filed its written version. They however have separately filed written note of arguments. In absence of any written version by either of the opposite parties the allegations made by the petitioner in the complaint remain uncontroverted. We have however taken note of the points mentioned in the note of arguments filed by the opposite parties.