SHARDA BEN Vs. GUJARAT GAS SUPPLIER

JUDGEMENT

(1.) The appellants, who were the complainants before the State Commission, Gujarat are the heirs of Naginbhai Lallubhai who lost his life on account of fire due to alleged leakage of L.P. Gas from the cylinder at his residence on May 1,1988. It was alleged in the complaint that the deceased received burn injuries while he was igniting the gas with a metal stick on that day. There was leakage of gas on account of some fault or deficiency in the cylinder and escaped gas caused fire with a blast. The deceased succumbed to his injuries. Carelessness or negligence and deficiency in the rendering of service was alleged on the part of the distributor and the gas company who had supplied the gas refill.

(2.) The distributor who was arrayed as opposite party No. 1 to the complaint contested the complaint. It is not necessary to reproduce all his averments suffice it to say that they denied the allegation of negligence or that the gas cylinder was of poor quality and because of the leakage of gas the accident took place. It was also pleaded that the deceased was not a 'Consumer' as defined in the Consumer Protection Act, 1986 as the gas connection was in the name of one Gunvantbhai Patel and therefore it was not open to anybody else than his family members to use the said gas connection.

(3.) The gas company as well as the Insurance Company with whom the distributor's trade was insured were also arrayed as opposite parties No. 2 and 3 respectively.