NIRMAL KUMAR BHANDARI Vs. MEWAR JAWA GAS

JUDGEMENT

(1.) These three appeals involve same facts, giving rise to almost same questions of fact and law for adjudication. These were, therefore, taken up for hearing together.

(2.) Briefly stated the relevant facts are that late Smt. Jhankar Devi was undisputedly the consumer of the services of Mewar Jawa Gas, which is a gas distributor at Udaipur of M/s. Hindustan Petroleum Corporation Ltd. , Mumbai. The case of the complainant was that in the morning of 17.4.1992 when Smt. Renu Bhandari and Jyoti Bhandari tried to use the gas cylinder for preparation of some estables, it was felt by them that there was some gas smell in the kitchen whereupon they opened the windows and doors of the kitchen and after some time when they lighted a match stick the kitchen caught fire. Both the ladies were badly injured and the property was damaged. The burn injuries resulted in the death of the 2 ladies. The husbands of the two deceased ladies filed their separate complaints and both the brothers further filed another complaint praying for payment of compensation for the damage caused to the building from fire. It may be noted that respondent Nos.1 and 2, the distributor and manufacturer of LPG respectively, had obtained Group Insurance Traders Policy from the Insurance Company respondent No.3 against damage caused by fire to the stock of the distributor/manufacturer and death/injuries caused to the consumers of the gas. All the three persons were arrayed as opposite parties to the 3 complaints.

(3.) The three complaints were decided by the D. F. vide their orders of the even date i. e.31.10.1995 whereby it was held that the respondents did not render deficient services to the complainants. All the 3 complaints were dismissed giving rise to these 3 appeals by the complainants.