The Delhi state consumer commission has asked the Indian Oil Corporation Ltd and one of its distributors to pay over Rs 10 lakh to a man for selling a gas cylinder which caused an explosion at his house leading to his wife's death.
Besides this, the commission also directed IOCL and its distributor Alok Gas Agency to pay Rs 1,75,000 to the man's mother who suffered severe burn injuries in the incident.
The Delhi State Consumer Disputes Redressal
Commission (SCDRC) has asked IOCL and the distributor to pay Rs 10,46,734 to Sanjeev Kumar Jhamb for the death of his wife.
"Since the manufacturer is vicariously liable and the opposite parties have failed to discharge the burden of any negligence on part of the complainants (Sanjeev and his family members), I am of the considered opinion that IOCL and Alok Gas Agency are guilty of 'deficiency in service'," the commission's member N P Kaushik said.
The state commission asked the gas manufacturer and its distributor to pay the amount jointly and severally within
30 days.
According to the complaint, Sanjeev's wife Neena and his mother Kanta were cooking in the kitchen when they felt the gas cylinder had been finished. Another gas cylinder which was filled up and kept at some other place in the house was brought to the kitchen to connect it to the gas stove.
When Kanta removed the cap of the cylinder, there was a leakage of gas in the form of shower of liquid gas.
Both the women attempted to leave the kitchen, but the cylinder blasted when they started moving out.
It was claimed in the complaint that the kitchen's window panes were broken and the whole place was set on fire.
They both received severe burn injuries. While Kanta received 65 per cent burns, Neena received 90 per cent burns.
Neena succumbed to her injuries in the hospital and Kanta recovered after eight days.
The IOCL contended that it was a case of manhandling of the cylinder by the customer.
The state commission noted that in normal course after lifting of the plastic cover, the valve closes the aperture, avoiding any type of leakage and it is only when some pressure is put by the regulator on the valve that a way for the gas to come out is made.
"Complainants have been able to discharge their initial burden that the valve and the lid upon it were not properly placed. Now the burden is shifted on the IOCL and its distributor to prove that opening of the lid in a particular manner not prescribed could cause the accident. A vague allegation that it was a case of manhandling is of no avail to them," the commission added.
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