RANGE GOWDA Vs. HINDUSTAN PETROLEUM CORPORATION

JUDGEMENT

(1.) The complainants and one late Sri B. K. Raju are the children of late Venkatarangaiah @ Kempaiah and his wife Smt. Nanjamma. One late Smt. Vijayamma is the wife of late Sri B. K. Raju. Late Sri B. K. Raju who is the brother of the complainants along with his wife late Smt. Vijayamma, two minor daughters, namely Netravathi and Mamatha and his mother Smt. Nanjamma were residing in House bearing No.23, 3rd Main Road, 2nd Cross, Kalyan Nagar, Bangalore. The said Sri B. K. Raju obtained a Cooking Gas Connection from opposite party (for short, the "o. P. ") No.2, who is an agent of O. P. No.1, which is the manufacturer of Gas Cylinders for domestic purpose. Due to leakage of the gas from the Cylinder, on 15.3.1999 when Smt. Vijayamma lit the fire-wood stove in the bath room by pouring kerosene, there was an explosion and fire spread to the entire house due to which all the above said persons were injured. In the said fire accident, the entire articles kept in the house, such as refrigerator, television, fans, cots, beds and utensils were burnt. The said accident was reported to the Police. Subsequently, the persons who were injured died on different dates due to the said accident. The case of the complainants is that there is a "deficiency in service" on the part of the O. Ps. in supplying the gas cylinder and its accessories which includes rubber tube and stove, which resulted in leakage of gas and consequently caused damage and injury to the persons and property and, therefore, they are entitled to claim compensation of Rs.19,50,000 from the O. Ps.

(2.) O. P. No.1 has filed its version relying upon the report of the LPG Equipment Research Centre and contended that the cylinders, pressure regulator and the S. C. Valves were in good condition and that the leakage of gas, if any, was due to the failure of the rubber tube and, therefore, O. P. No.1 is not liable to pay any compensation as claimed by the complainants. The further contention raised by O. P. No.1 is that the complaint is not maintainable, as the complainants are not "consumers" within the meaning of the Consumer Protection Act, 1986 (for short, the "act" ).

(3.) O. P. No.2 has filed its objections and admitted that late Sri B. K. Raju was a consumer of L. P. G. under O. P. No.1 but it has denied the leakage of gas from the cylinder. It is stated that late Smt. Vijayamma who is the wife of late Sri B. K. Raju lit the fire-wood stove in the bathroom by pouring kerosene as a result of which the fire was spread and that was the cause for the damage to the persons and the property. O. P. No.2 has further denied that the rubber tube involved in the accident had not been purchased from O. P. No.2 and, therefore, they are not liable for any loss or damage suffered by the complainants.