AZAD GAS SERVICES Vs. PETER MASIH

JUDGEMENT

(1.) The present Appeals have been filed against the Order dtd. 22/9/2011 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter to be referred to as "State Commission"), whereby the Complaint filed by the Complainant was allowed and all the Opposite Parties were directed to pay jointly and severally the Compensation amount of 10 lakh alongwith interest @7.5% p.a. from the date of the accident till realisation.

(2.) Brief facts of the case that the Mrs. Rooth (now deceased) wife of Mr. Peter Maish (hereinafter referred to as the Complainant No. 1) was having LPG connection with M/s. Azad Gas Service (hereinafter referred to as the OP No.1) who is the dealer/agent of Indian Oil Corporation (hereinafter referred to as the OP No.2), i.e., Manufacturer of the LPG Gas Cylinder. Mrs. Rooth was serving as Nurse at DMC and Hospital, Ludhiana and they have three children, i.e., Afrin (now deceased), Amone (hereinafter referred to as Complainant No.2) and Angel ((hereinafter referred to as Complainant No. 3). It is the case of the Complainants that while on 28/6/2005 at about 7:00PM when Mrs. Rooth was cooking meals in the kitchen using the LPG Gas cylinder supplied by OP No.1 and manufactured by OP No.2, suddenly there was a blast with deafening sound and in the said blast, the entire cylinder, utensils, acquaguard water purifier, slabs fittings and fixtures stood dismantled. The wife of the Complainant No.1 and daughter Afrin also died in the blast. The fact of the blast was reported to the OP No. 2 through OP No. 1, who sent the representative but did not offer condolence and rather threatened the Complainant No.1 not to take any action. Alleging defect in the cylinder and its component, Complaint claiming compensation was filed before the State Commission.

(3.) The Complaint was resisted by the OP Indian Oil Corporation but OP No. 1 Azad Gas Service did not appear before the State Commission. The State Commission proceeded exparte against OP No.1 Azad Gas Service and vide Order dtd. 30/4/2009 allowed the Complaint. In Appeal against the said Order, this Commission vide Order dtd. 12/4/2010 partly allowed the Appeal and remanded the Complaint to State Commission and passed the following Order:-