Date of filing: 12-4-2016 Date of order : 21-7-2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
Friday, 21st day of July 2017
CONSUMER COMPLAINT No. 35 / 2016
1. A. Sridevi, W/o Late Narayana Swamy,
aged about 46 years, Hindu, Teacher.
2. A. Asaarth, S/o A. Narayana Swamy, Hindu,
un-employee, aged about 23 years.
3. A. Sreedhar, S/o A. Narayana Swamy,
aged about 20 years, Hindu, Student,
All are residents of D.No. 26/922-5, Mittamidi Street,
Opp. Varalakshmi Apartments, Proddatur – 516 360,
Kadapa District. ….. Complainants.
Vs.
1. The Chairman, Hindustan Petroleum Corporation Limited,
Petroleum House 17, Jamshed Ji Tata Road, Mumbai – 20.
2. The Zonal Manager, Hindustan Petroleum Corporation Limited (HPCL),
Parishram Bhawan, 7th floor, Opp. Babukhan Estate Building,
Fateh Maidan Road, Basheer bagh, Hyderabad – 500 004, A.P.
3. The Regional Manager, Hindustan Petroleum Corporation Limited,
LPG Regional Office, Industrial Development Area, Kondapalli,
Krishna – 521 228, Andhra Pradesh.
4. The Regional Manager, Hindustan Petroleum Corporation Limited,
Anantapur LPF RO, Admini Building LIG Bottling Point,
NH-44, Taticherla Village, Anantapur – 515 731, Andhra Pradesh.
5. The Dealer, Anil Gas, Hindustan Petroleum Corporation Limited,
H.P.L.P.G., Andhra Kesari Road, 7/286, Sriivasa Nagar,
Proddatur – 516 360, Kadapa District.
6. The Divisional Manager, United India Insurance Co., Ltd.,
Near Murali Theatre, Kadapa. ………Opposite parties.
This complaint coming on this day for final hearing on 7-7-2017 in the presence of Sri J. Ravi, Advocate for Complainant and Sri P. Goutham Kumar, Advocate for O.Ps 1, 2 & 4 and Sri K.S. Sudarsan Reddy, Advocate for O.P.5 and Sri D. Nageswara Raju, Advocate for O.P.6 and O.P.3 claim is dismissed on 14-9-2016 and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under sections 12 and 14 R/w Section 2 (1) (i) (iii) (c) and (g) of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- Complainant No. 1 is the mother of Complainants 2 & 3 all of them are dependents of deceased Narayana Swamy, who died in an accident due to blasting of L.P.G. Cylinder that occurred on 12-4-2014. The O.P.1 is the Chairman and Managing Director of Hindustan Petroleum Corporation Limited located at Mumbai and the respondents company is registered under the companies Registration Act. Hence, O.P.1 can sue and be sued in the name of Chairman and Managing Director. The Opposite parties are responsible to pay compensation for the death caused to the husband of Complainant No. 1 and father of Complainants 2 & 3 in an accident due to LPG gas Cylinder. The Complainants filed the present complaint against the Opposite parties 1 to 5 for settlement of compensation. O.P.6 is the necessary party. The duty of the distributor to pay Insurance Premium to all the customers and to aware the customers regarding the Insurance claim in the case of death of damages caused due to blow of fire by LPG cylinders. O.P.5 not done so and no such measures are being taken by O.P.5, due to defect of O.P.5 the Complainants could not claim the compensation for the death of A. Narayana Swmay, who died in the accident. He was working as Government teacher and earning Rs. 45,000/- per month towards his salary. All the Complainants are depending to him. On 28-7-2012 the application of Narayana Swmay has been registered duly receiving an amount of Rs. 1,250/- from him. On 30-4-2013 with all ISI marked accessories such as Gas Pipes, Regulator, Gas Stove and other accessories. The consumer number of deceased Narayana Swamy is 522538. The O.P.5 supplied Gas cylinder on 25-2-2014 and completed on 12-4-2014. The Complainants connected the cylinder and immediately gas leaked out from cylinder due to the defective Gas watcher. The deceased sustained with burn injuries and the deceased immediately shifted to Government Hospital, Proddatur. Intimation given to I town Police station, Proddatur and registered a case in Cr. No. 84/2014 after that the deceased shifted Yeshaoda Hospital, Secunderabad for better treatment. On 17-4-2014 the Complainants intimated the accident to O.P.5. The deceased Narayana Swamy died due to the defective cylinder. The same was intimated to O.P.5 and asked him to settle the insurance claim of the deceased. The Opposite parties 1 to 5 given notice to the Complainants to produce all necessary documents on 17-2-2016 and they have not taken any action in settling the claim. It is therefore, prayed that the Hon’ble forum may be pleased to pass order in favour of the Complainants to direct the Opposite parties to pay Rs. 18,00,000/- for the death of Complainants husband on 17-4-2014 till realization, (b) the Opposite parties to pay Rs. 1,50,000/- towards mental agony and inconvenience caused to the Complainants and (c) to pay Rs. 5,000/- towards costs of the complaint.
3. Counter filed by O.P.4 and the same was adopted by O.P.1 & 2 with a memo. The complaint filed by the Complainants is neither just nor maintainable either in law or on facts of the case. The Complainants are put to strict proof of all allegations made in the complaint which are not expressly and specifically admitted herein by this Opposite party.
4. M/s Hindustan Petroleum Corporation Ltd., is a Government of India Enterprise and it comes under direct administrative control of the Ministry of petroleum and Natural Gas, Government of India and it is having its registered office at Mumbai. O.P.2 is the Regional Office and O.P.3 and 4 are the regional offices. The Complainants issued legal notice on 17-2-2016 to this office and this O.P. issued suitable reply on 23-2-2016. The cylinder was issued on 28-7-2012 but not 30-4-2013. O.P.5 is the dealer of O.P.4 at Proddatur. There was no cylinder blast in the alleged accident which is said to have happened at D.No. 26/922-5, Mittamadi Street, Opp. Varalakshi Apartment, Proddatur town, Kadapa district on 12-4-2014 nor aware of any details and death of the consumer in the said alleged accident. The refill was delivered to the consumer on 6-3-2014 in a perfect condition and no complaint was received on the refill delivered as such there was no defect in the cylinder supplied by O.P.4 through O.P.5. The alleged accident took place on 12-4-2014 and the cylinder was supplied to the consumer on 6-3-2014 i.e. more than 30 days before the alleged accident. There was no damage in the effect in the refill cylinder. The alleged cylinder was free of defect. If there is any negligence or deficiency of service in supplying the LPG cylinder to the Complainants, the liability has to be fastened on O.P.5. Thus view from any angle there is no element of deficiency in service on the part of the Opposite parties 1 to 4. In terms of the said insurance policy taken by this Opposite party herein with M/s United India Insurance Company Ltd., bearing policy No. 021700/46/13/37/00000030 for the period covering from 2-5-2013 to 1-5-2014. The claim of the Complainants was processed to O.P.6 on 29-2-2016 and in fact the Complainants did not adhere to the mandatory conditions of the subscriptions voucher with regard to intimation of the alleged accident to the O.P.4 Hence, there is no negligence on the part of O.P.4 so that the O.P.4 cannot be sued. The complaint is barred by limitation so the complaint is liable to be dismissed in limini. The documents filed by the Complainants are not authenticated documents to support the case of the Complainants. It is therefore, prayed that the there is no negligence or deficiency on the part of the Opposite party No. 4 and the complaint is liable to be dismissed with costs in the interest of justice
5. The case against O.P.3 is dismissed on 14-9-2016.
6. Counter filed by O.P.5. The complaint filed by the Complainants is neither just nor maintainable either in law or on facts of the case. The Complainants are put to strict proof of all allegations made in the complaint which are not expressly and specifically admitted herein. There are two connections in the name of deceased wife B. Sree Devi and A. Narayana Swmay, consumer No. 522538 and his wife consumer No. 514857. The same consumer number was in the name of Shamshad Begum. The Complainant’s never approached this Opposite party either the damaged cylinder or gas pipe or regulator, leave alone the intimation of the alleged accident either on 12-4-2014 subsequent to the date of issuance of the notice dt. 17-2-2016. The Opposite party denied all the allegations in para – 7 of the complaint. The accident occurred due to leakage of gas in cylinder connected by the Complainants. This Opposite party submits that there is no negligence or deficiency of service on his part as alleged by the Complainants as alleged by the Complaint in para Nos. 5 to 8. Both gas cylinders were delivered on 6-3-2014 and 4-3-2014 but the alleged accident occurred on 12-4-2014. The Complainants suppressing the real facts and attributing the negligence on the part of the Opposite parties. There is no negligence and deficiency of service on the part of the Opposite parties and the complaint is liable to be dismissed with exemplary costs.
7. Counter filed by Opposite party No. 6. The complaint filed by the Complainants is neither just nor maintainable either in law or on facts of the case. The Complainants are put to strict proof of all allegations made in the complaint which are not expressly and specifically admitted herein by this Opposite party. As the HPCL has not taken policy from this O.P division this Opposite party not liable for any compensation. The FIR states the incident on 17-4-2014 where as Complainants issued notice to HPCL on 17-2-2016. The case is barred by limitation. The HPCL has taken insurance policy under public limited liability at united India Insurance Co. Ltd., at Mumbai division this O.P. is totally un aware of the terms and conditions of the policy. In fact the claimant instead of adding the United India Insurance Co. Mumbai division is necessary party added this O.P. It is necessary to add the Divisional Manager, United India Insurance Company Ltd., as the necessary party. This O.P. is no liable for any compensation claimed by the Complainants and complaint may be dismissed against this O.P. in the interest of justice.
8. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainants are eligible for compensation as prayed by them or not?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
- To what relief?
9. On behalf of complainant Exs. A1 to A12 were marked and on behalf of opposite parties Exs. B1 to B10 were marked.
10. Point Nos. I & II. Ex. A1 and A2 clearly shows that the deceased of the Complainants are the consumers of H.P.C.L., as per FIR the incident has taken place on 12-4-2014. As per Ex. B7 the date and time broken fire is 10-4-2014. As per Ex. B5 and B6 there are two connections in the name of deceased and his wife. As there is no clarity from the Complainants, the complaint filed by them and the documents filed by them to prove their case. The date of death is not correct as per their documents and there is no clarity about the date of death. When filing the complaint by the wife and children of the deceased they should be some clarity of the date of death, but it is not clear in the complaint. The Complainants are confused about the death of husband and father of the Complainants 2 & 3. It clearly proves that the complaint is lodged to gain unlawful gain against the Opposite parties, as per liability of them. The Opposite parties 1, 2 & 4 has deposited their liability amount to the Complainants i.e enough for the case and there is no negligence on the part of the other Opposite parties and there is no deficiency of service on the part of the Opposite parties, as alleged by the Complainants. The O.P.1, 2 and 4 deposited an amount of Rs. 4,90,000/- by way of D.D bearing No. 650205, dt. 6-12-2016 drawn on State Bank of India, Parisrama Bhavan, Hyderabad towards Personal Accident Coverage to third party and damage at authorized customer registered premised as per section 2 (a) of Terms and conditions of the policy under legal liability. In the above complaint that amount is more than enough to the Complainants for their case. The Complainants are entitled to withdraw the same which is deposited in the District Consumer Forum, Kadapa, with accrued interest as on date if any.
11. Point No. III. In the result, the complaint is dismissed without costs, with the above observations.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 21st day of July 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex: A1 P/c of Subscription Voucher Dt. 28-7-2012.
Ex: A2 P/c of delivery receipt, dt. 25-2-2014.
Ex: A3 P/c of First Information Report, Dt. 17-4-2014.
Ex: A4 P/c of Inquest Report, Dt. 17-4-2014.
Ex: A5 P/c of Accident Register, Dt. 12-4-2014.
Ex: A6 P/c of final report dt. 7-7-2014.
Ex: A7 P/c of death summary.
Ex: A8 P/c of inpatient bill, Dt. 19-4-2014.
Ex: A9 Office copy of legal notice, Dt. 17-2-2016.
Ex: A10 Reply notice dated 23-2-2016.
Ex: A11 Served postal acknowledge to the 5th respondent.
Ex: A12 A/c of Salary Certificate issued by M.E.O. Mydukur, Kadapa Dist.
Exhibits marked on behalf of the Opposite parties: -
Ex:B1 P/c of Dealers Agreement entered with 5th opposite party.
Ex:B2 Cash memo of H.P. Gas issued by Anil Gas.
Ex:B3 P/c of Subscription Voucher issued by Garisa Gas Serive, Kadapa.
Ex:B4 P/c of Details of Consumer No.514857 of B.Sreedevi & A.Naarayana Swamy
Ex:B5 P/c Refill order details of A. Narayana Swamy.
Ex:B6 P/c Refill order details of B. Sreedevi.
Ex:B7 P/c Fire Attendance Certificate issued by Station Office, A.P. Fire Station,
Proddatur.
Ex:B8 P/c of Legal notice issued by Sri D. Nageswara Raju, Advocate, Kadapa to the Divisional Manager, United India Insurance Co. Mumabi. Dt. 8-7-2016.
Ex:B9 P/c of two reminders issued by the United India Insurance Company Ltd.,
Kadapa. Dt. 25-7-2016.
Ex: B10 P/c of policy issued by United India Insurance Co. Ltd.,
MEMBER PRESIDENT
Copy to :-
- Sri J. Ravi, Advocate for Complainant.
- Sri P. Goutham Kumar, Advocate for O.P 1,2 & 4.
- Sri K. S. Sudarsan Reddy, Advocate for O.P.5.
- Sri D. Nageswara Rao, Advocate for O.P.6.
B.V.P
