UNITED INDIA INSURANCE CO. LTD. Vs. GOWRAMMA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 08.06.2007, passed by the Karnataka State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 1595/2005, "Smt. Gowramma versus M/s. Shiva Gas Service & Ors.", vide which while allowing the appeal, the order dated 24.08.2005, passed by District Consumer Disputes Redressal Forum, Mysore, dismissing the consumer complaint CD 57 05 dated 24.08.2005, dismissing the said complaint, was set aside.

(2.) Brief facts of the case, as stated in the complaint filed by Smt. Gowramma and others are that the father of the complainants, Shri B.K. Thimmegowda had taken a LPG gas connection for his domestic use from OP No. 1 M/s. Shiva Gas Service under customer no. 10663. He used to obtain LPG cylinders regularly and the last cylinder was obtained on 27.11.99 from OP No. 1. However, on 7.12.99 when Sh. Thimmegowda and his wife returned to their home at 4:30 pm, they felt some foul smell and opened doors and windows of the house, but at that very moment, the gas cylinder exploded, causing severe injuries to both husband and wife, i.e., the parents of the complainants and also caused heavy damage to the building and other moveable properties. Both the parents died on 10.12.99 because of injuries sustained by them, due to gas explosion on 07.12.99. As per the complainants, the loss caused to the building was Rs. 5,15,540/- and loss to immoveable property was estimated to be Rs. 2 lakh. The complainants, alleging deficiency in service on the part of the OP, demanded compensation for the death of their parents and also for the loss caused to moveable and immoveable properties. Initially, the complainants filed 3 different complaints before the District Forum, claiming damages of '4.95 lakh in each case. The pecuniary jurisdiction of the District Forum at that time was upto Rs. 5 lakh only. The District Forum, however, returned the complaints to the complainants for presentation before the State Commission. The complainants then filed complaint No.55/2002 before the State Commission which was disposed of by them vide order dated 18.11.2004, wherein it was directed that OP No. 1 should furnish information to the insurance company OP No. 3 within two months of that order and OP No. 3 should consider their claim and if the claim was repudiated, the complainants were permitted to avail any other remedy. A claim amounting to Rs. 17,20,540/- was lodged with the OPs. On their failure to settle the claim, the consumer complaint in question, was filed. The District Forum after hearing the parties dismissed the claim saying that the gas cylinder in question, was installed on 27.11.99 and it was continuously used for a period of 10 days before the explosion occurred. There was, therefore, no possibility of sudden development of defect in the gas cylinder or the regulator. Further, these materials were neither seized by the Police, nor a case was registered against the OPs, under section 338 or 304 (A) of the I.P.C. An appeal was filed against this order before the State Commission and the same was allowed by the State Commission vide impugned order and it was stated as follows:-

(3.) At the time of hearing before this Commission on 3.10.2007, notice was ordered to be issued to respondent no. 6 & 7 only, i.e., Shiva Gas Service and the Chief Manager, Indian Oil Corporation. No notice was ordered to be issued to respondent no. 1 to 5, who are the complainants. On 12.12.2007, this Commission admitted the revision petition filed by the insurance company qua the respondent no. 6 & 7 only and dismissed the revision petition against respondent no. 1 to 5. It is clear, therefore, that so far as payment of compensation to the complainants is concerned, the issue needs to be settled between the Insurance Company, the Gas Agency and the Indian Oil Corporation. On subsequent hearings, the gas agency was ordered to be proceeded against exparte as they did not appear despite service.