BHARTI JAT Vs. DEVI GAS SERVICE

JUDGEMENT

(1.) THESE two complaints Nos. 55/2002 and 56/2002 between the same parties and based on same cause of action, have been heard as connected matters and are being disposed of by this common order.

(2.) THE incident giving rise to these complaints took place on 19th March, 2002 around 7.00 a.m. at the house of the complainant bearing municipal No. 501, Kanjad Mohalla, Jabalpur when it is said that fire broke out in the house due to leakage of LP gas from the cooking gas cylinder causing extensive burn injuries 36% to complainant -Smt. Bharati Jat and 100% to her son Sandeep Kumar who later on 24.3.2002 succumbed to his injuries. Damage was also caused to the house and household goods. Complainant has filed complaint No. 55/2002 claiming compensation Rs. 14,44,150/ - for the damage caused to her person and property and complaint No. 56/2002 claiming compensation of Rs. 19,08,795/ - for the death of her son.

(3.) BRIEFLY stated the case of the complainant is that she is LP cooking gas customer of respondent Nos. 2 and 3 -The Indian Oil Corporation Ltd. having obtained a regular DB connection No. 13878 on 9.2.1993 from respondent No. 1 - Devi Gas Service Jabalpur, the authorized dealer of respondent No. 2 on payment of Rs. 950/ - (Rs. 900/ - for two cylinders and Rs. 50/ - for regulator) vide subscriber voucher -Annexure A -3. On 10.3.2002 when one such cylinder was still in use the complainant through her nephew -Sagar Jat got replaced the other empty cylinder by a filled one from respondent No. 1 - dealer on payment of requisite charges Rs. 260/ - (Receipt not filed). This new cylinder was kept in the kitchen. On 19.3.2001 the complainant in order to connect it with the gas oven opened its seal. However, on opening the seal, the gas of the cylinder suddenly started coming out with force and soon the entire house was filled with gas which also caught fire causing burn injuries to the complainant and her son and extensive damage to household goods including currency notes worth Rs. 52,000/ - and jewellery costing Rs. 40,000/ -. Complainant attributes deficiency on the part of respondent Nos. 1 and 2 in supplying defective LPG cylinder to her. It is contended that in normal course gas would not come out of such a scaled cylinder unless regulator is fixed with it and nob of the oven is put on.