Maharashtra

StateCommission

A/10/487

BHARAT PETROLEUM CORPORATION LTD - Complainant(s)

Versus

SHRI KRISHANA VITHOBA DESAI - Opp.Party(s)

S V SONAWANE

16 Jun 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/10/487
(Arisen out of Order Dated 03/03/2010 in Case No. 104/2005 of District Additional DCF, Mumbai(Suburban))
 
1. BHARAT PETROLEUM CORPORATION LTD
4 AND 5 CURRIMBHOY ROAD BALLARD ESTATE MUMBAI 400 001
MUMBAI
Maharastra
...........Appellant(s)
Versus
1. SHRI KRISHANA VITHOBA DESAI
CHAWL NO 21 ROOM NO 150 KAMGAR NAGAR ROAD TRANSIT CAMP KURLA (E) MUMBAI
MUMBAI
Maharastra
2. M/s. Anand Gas Service
Distributor, Old Add. 2, Thakurdas Co. Op. Hsg. Society, 602, Agra Road, Dist. Kurla, Mumbai 400 070 NEW ADDRESS - 15, Shatrujay Apartment, Tanaji Chowk, Near Mill Road, Kurla (W), Mumbai 400 020
Mumbai.
Maharashtra
3. National Insurance Corporation
D.O. 11, Sterling Theatre Bldg., 65, Mazgaon Road, 3rd Floor, Fort, Mumbai 400 001
Mumbai
Maharashtra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 
PRESENT:
Appellant in person.
......for the Appellant
 
Mr. S.b. prabhawalkar, Advocate for Opponent No.2.
......for the Respondent
ORDER

Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member:

          This appeal is directed against the order dated 3.3.2010 passed in CC/104/2005 by District Forum, Mumbai Suburban District, Bandra.  This appeal is filed by the original Opponent No.1. Bharat Petroleum Corporation which manufactures and supplies liquid petroleum gas.  As per the impugned order, alongwith dealer the petroleum  company  held responsible and liability is fastened on them to pay the compensation for the alleged deficiency in service in respect  gas cylinder supplied.  Petroleum company preferred this appeal. The dealer-original Opponent has also preferred appeal No. 410/2010 and original Opponent N0.3 National Insurance Company which covers the dealer to indemnify him the losses also preferred an appeal bearing No. 666/2010.

          The appellant denied their responsibility and liability as per the impugned order, pointing out that supply of liquid petroleum gas cylinders  to the dealer by them is on principle to principle basis.   However, it appears that the dealer i.e. Anand Gas has already settled the dispute with the original Complainant.  Accordingly, settlement proceeding was filed in appeal 410/2010.  In this background, since the dispute was already settled, there is no reason to look for joint and several liability fastened on other original Opponents including this appellant. Original Complainant Shri Krishna Desai and his lawyer who are present, submitted that their grievances were already redressed by settling the dispute by the dealer.  In the circumstances, we pass the following order :

 

                                      O R D E R

          Appeal is allowed.  Impugned order dated 3.3.2011 as against the Petroleum Company is set aside.  parties to bear their own costs. 

 

Pronounced dated 16th June 2011.

 

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member

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