IOCL, distributor told to pay Rs. 5-lakh relief
Bangalore   03-Aug-2010

Seventeen years after the death of a woman and injury to her daughter caused by a fire from a defective cooking gas cylinder, the National Consumer Disputes Redressal Commission has awarded compensation of Rs. 5 lakh and directed IndianOil (IOCL) and its distributor in Chamarajpet to jointly pay the sum in a month's time.

In its judgment of July 13, the National Commission held IOCL and its distributor guilty of supplying a defective cooking gas cylinder and regulator to a consumer resulting in the fire in which Indumati, a resident of Ashwatnagar in RMV 2nd Stage, died while her daughter, Sangeeta, suffered burns. Indumati's husband D. Shankar and Sangeeta filed two complaints before the Karnataka State Consumer Disputes Redressal Commission demanding compensation for the fire that occurred in the house on June 21, 1993. Sangeeta had to undergo prolonged treatment. They accused Gopi Agencies at Royan Circle of supplying a defective gas cylinder and regulator.

The proprietor of Gopi Agencies and IOCL contended that Mr. Shankar was the consumer of Indane cooking gas connection since 1976 and his connection was attached to the agency since February 1992. However, they said Mr. Shankar had not drawn any cylinder since February 1992. After an in-house investigation, IOCL said the gas leakage had occurred because Mr. Shankar had used an old tube that had developed a cut/crack. The State Commission dismissed Mr. Shankar's and Ms. Sangeeta's complaints. They then filed an appeal before the National Commission. The National Commission observed that though it had been contended that Mr. Shankar had not taken any cylinder since February 1992, the gas distributor and IOCL have admitted in their written communications that Mr. Shankar was a bona fide consumer.

While IOCL on the one hand had asked the petitioners to approach the insurance company through the distributor for compensation, it had issued an LPG certificate giving details of fire, including the consumer number, which was identical to that stated by Mr. Shankar.

"Not having arranged an inspection of the cylinder and regulator involved in the accident in the presence of the complainant and the police despite a letter and later giving a new LPG connection with new equipment, IOCL could not claim that the accident was due to some defect in the rubber tubing used by the complainant," the National Commission observed.