The State Consumer Disputes Redressal Forum here has directed Indian Oil Corporation and a Model Town-based gas agency to jointly compensate a family by paying over ₹11 lakh, following a cylinder blast incident in which a member of a family sustained injuries and another died.
‘Deficiency in services’
Directing the oil company and the gas agency to compensate the family, where two members suffered over 65% and 90% burns, the consumer panel held, “Since the manufacturer is vicariously liable and the opposite parties have failed to discharge the burden of negligence on the part of the complainants, [the forum] is of the considered opinion that they are guilty of deficiency in services.”
In two separate complaints, it was alleged by the family of five that one member had succumbed to injuries due to a cylinder blast in their kitchen while another sustained grave injuries.
It was alleged that the leak was caused due to a “defect in tightening of the cylinder with the cap”.
‘Ball of fire’
“Kanta Jhamb, while cooking in her kitchen along with daughter-in-law Neena Jhamb, felt that the gas cylinder had finished. Kanta removed the cap of the [new] gas cylinder. Suddenly gas started leaking and coming out in the form of shower of liquid gas. As they started moving out, a blast in the form of a ball of fire in [the] air occurred,” read the complaint in the order.
It was also alleged that the cylinder blast that left severe burns on their bodies, also set the kitchen on fire, after which the Fire Department was contacted for help.
However, the Indian Oil Corporation, the manufacturer, contended that distributors were responsible for “safety and security of the cylinder in possession”.
“The distributor should check the cylinder before taking the same out for delivery,” the Bench noted, observing the manufacturer’s contentions.
‘Mishandling’
It was also contended that the leakage happened due to “mishandling” of the cylinder by the complainants.
The gas agency further alleged that “it was a case where an attempt was made to burn the daughter-in-law”.
DFS finding
However, the consumer panel dismissed the contentions and said, “The defence raised is completely void as the Delhi Fire Service (DFS) officials gave the finding that the incident took place due to leakage of the gas cylinder valve.”
Observing that Indian Oil and the gas agency “have tried to shift the blame on each other”, the consumer redressal forum directed them to compensate Neena’s family by paying ₹10,46,734 and to pay Kanta ₹1,75,000 by December 12.
