BABULAL LODHI Vs. HINDUSTAN PETROLEUM

JUDGEMENT

(1.) ALL the above appeals have been filed against the order dated 28.12.2006 of the District Consumer Disputes Redressal Forum, Bhopal in case No. 08/06.

(2.) IT is not disputed that Babulal Lodhi/complainant was one of the consumers of the LPG and the gas cylinder was being supplied to him by M/s. Phoenix Distributors Pvt. Ltd. - opposite party No. 2. It has also not been disputed before us that when the cylinder was received by the complainant and after fixing the regulator, when the matchstick was lighted, there was sudden explosion. In the accident not only the appellant but his wife, who was pregnant at that time, and child all sustained burn injuries. Complaint was made to the Distributor -opposite party No. 2, who obtained the gas cylinder and replaced it free of charge.

(3.) THE case of the complainant/Babulal Lodhi, in short, is that he being a customer of opposite party No. 2/Distributor did not realise that there was defect in the cylinder, inasmuch as, the rubber washer was missing. The complainant and his family members have sustained burn injuries and damage having been caused to his house, he was required to be compensated by the opposite parties. On evaluation of the evidence adduced, it was directed by the District Forum that the opposite party No. l - Hindustan Petroleum and opposite party No. 2 -Phoenix Distributor, jointly and severally would be liable to pay to the complainant - Babulal Lodhi Rs. l lac, as compensation. In addition to this Rs. 2,000 has been awarded as cost. It was also directed that if the amount was not paid within one month, 6% interest would be payable on the awarded amount.