LPG CYLINDER CAUSING FIRE :–WHO IS RESPONSIBLE FOR THE CAUSE

 

Time and again this issue had come for discussion when there is an incident of fire and damage due to leakage in gas. None takes the responsibility and consumer runs from pillar to post for redessal of his grievance and for compensation for the damage caused to him .A Revision Petition no 364 of 2016 from the order dated 23.11.2015 was preferred against the order from Bihar State Commission, Patna which is now decided by National Commission on 23.2 2016 finding no fault with agency and also not making Insurance liable in view of the facts of the case.  

In the matter of Sushila Devi Versus N.K.Cooking Gas Agency & others, complainant is a LPG Consumer of Hindustan Petroleum Company Ltd.and purchased a refill of the LPG cylinder From M/S N.K. Cooking Gas Agency on 29.3.2000.by making payment of Rs. 158.40.The case of complainant is that when he lighted the gas stove at 10.15 am on the same date, a fire broke out as a result of which her saree caught fire and number of article in her house were damaged. The claim was lodged for the reimbursement of the loss sustained by the complainant who was refused by the dealer and manufacturing company Hindustan Petroleum Company Ltd. and also by the Oriental Insurance Company. The question before the forum, State Commission and National Commission which was discussed in detail was as to whether there was any defect in the cylinder .No evidence could be brought on record to prove the same .Further, this fact also was revealed in due course that complainant took the cylinder from LPG dealer and installed herself, the onus was on her to prove the defect. The rules and regulations specify that liability to the dealer can be fastened only if accident occurs either in transit or while installing the cylinder by the employee of dealer. Insurance is also limited to that particular time and event In fact it is the agency who is insured in case any loss occurs to the consumer at the time of installing cylinder at the place of consumer or any incident occurs during the transit of cylinders by the employees of agency. Agency can get reimbursed from insurance company in such incident when found liable towards consumer.

In the present case even agency could not be found liable because neither consumer could establish that cylinder was not faulty nor installation was done by the employee of agency.

  All the above issues had been discussed in the various judgments pronounced by the courts in detail. As back as in the year 1995, in the matter of of Indian Oil Corporation Vs. Consumer Protection Council, Kerala & Another [(1994) 1 SCC 397]   the Hon’ble Supreme Court had discussed on the issue of responsibility of dealer and manufacturer in such matters .As per this judgment, relationship between the dealer and manufacturer is of principal to principal basis and not of principal-agent, hence everyone is responsible for his own act

Hence we need to check the subject matter on case to case basis and also as per their agreement between the dealer and the manufacturer. The facts and circumstances will only establish if both are jointly and severely responsible

Let us look at the procedure as a whole followed in distribution of the LPG gas cylinders from the manufacturing point to the customer as detailed in landmark judgment Indian Oil Corporation Vs. Consumer Protection Council, Kerala & Another [(1994) 1 SCC 397]   

  All the cylinders in the bottling plant are subjected to leak testing so as to verify as to whether there is any leakage from the cylinder valve or ring inside the cylinder valve.  All cylinders thereafter passed through water test bath to find out any leakage from the neck and body of the cylinder.  This rigorous procedure apart, filled cylinders are dispatched from the bottling plant and received by the LPG dealer at their go down where again they are checked for correctness of weight and safety.  Any cylinder found leaky or defective in any manner has to be segregated and returned to the bottling plant.  Only safe and sound cylinders are to be delivered by the dealer to the consumers. .

But in case no one is clearly found negligent as circumstances could not pin –point from  which point the error has occurred, then the   principles of maxim ‘resipsa loquitur’ shall apply which was discussed in great details in the matter of   Shyam Sunder & Ors. Vs. The State of Rajasthan – (1974) 1 SCC 690

“14. Alternatively, in those instances where the defendant is unable to explain the accident, it is incumbent upon him to advance positive proof that he had taken all reasonable steps to avert foreseeable harm. Res ipsa loquitur is an immensely important vehicle for importing strict liability into negligence cases.. In practice, there are many cases where res ipsa loquitur is properly invoked in which the defendant is unable to show affirmatively either that he took all reasonable precautions to avoid injury or that the particular cause of the injury was not associated with negligence on his part”

The above  principal has been applied in the matter of  Mrs. Madhuri Govilkar V/S M/s. Hindustan Petroleum Corporation , M/s. Pelicon Gas Agency&   National Insurance Co. Ltd, order  Dated the 3rd  October, 2006: BY M.B.Shah, J. President.

 And also in case Pronounced on 1st April, 2010 ,between  National Insurance Company Ltd Vs    Hindustan Petroleum Corporation Ltd., Phoenix Distributors,&H.P. Gas Agency ,In this case this National commission held both responsible for negligence.

Now if we look at the dealings and functioning of a dealer’s employees as aforesaid, it is the public at large who needs to be vigilant and cautious at the time of delivery of cylinders from the dealers.

TIPS FOR THE CUSTOMERS

1.       Before buying the gas cylinder, one must check the authority of the person who delivers the cylinder to you, his ID proof.

2.       The important thing is to be checked is the expiry date of the container which is marked under the ring on the top of the cylinder.Cylinder used after expiry date are pron to leakage. They are the property of the dealer which at the time of re-filling at botteling plant are checked/to be checked .If any cylinder is being used after expiry, either they are tempered, misused for black marketing by either the dealer or his employees un –authorised manner .Customer must make a complain to the manufacturer and also to notify the dealer.

3.       Always accept the cylinder during working hours of the dealers office in order to be sure of no tempering.

4.       Weigh before receipt of cylinder and also make a note of the date on second copy/dealer’s challan

5.       Do not install on your own and do not fetch cylinder at your risk, always get it fixed by the authorized person of the dealer.

6.       Get your tube and other fittings checked from time to time.

7.       Never ignore gas smell and lock it before going to bed or going out.

 

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DR PREM LATA 

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