SHIVAM GAS SERVICE Vs. CHANDRA KALI

JUDGEMENT

(1.) THIS appeal has been filed under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act ) against judgment and order dated 13.1.1998 passed by District Consumer Forum, Bareilly in Complaint Case No. 390 of 1994.

(2.) THE facts of the case are that the husband of the complainant, namely Ram Prasad @ Gaya Prasad had obtained domestic gas connection from the office of the appellant having Consumer No. 602529. The complainant s husband had purchased a gas cylinder from the appellant on 30.3.1994 which was kept in the room and on 30.3.1994 at about 7.30 p.m. when the son of the complainant tried to burn the candle and put the match over it, all of a sudden it caught fire and the roof and the house of the complainant became damaged and the son and husband of the complainant received burn injury in the said incident. Further they were admitted in the hospital and the complaint was filed on the ground of deficiency in service on the part of respondents. Complainant prayed for a compensation of Rs. 4,08,000.

(3.) IN the written statement opposite party No. 1 stated that the District Forum has no jurisdiction to try and entertain the complaint as per the facts stated therein and the complainant is not entitled for any of the reliefs claimed. It was further alleged that the complainant is not the widow of Ram Prasad @ Gaya Prasad as Ram Prasad is distinct person and not the one person and, therefore, the maintainability of the complaint was also challenged. It was also stated that the agency of the opposite party No. 1/appellant is duly insured with the National Insurance Company and, therefore, the liability to pay any compensation is of the insurance company.