LEAKAGE IN GAS  CYLINDER –WHO IS RESPONSIBLE FOR THE CAUSE

It’s a common complaint of the public at large-gas cylinder empties just in five days of use.It is warned not to accept it without weighing it.This formula also now does not work because cylinders are now found filled with water. The problem is more complicated now as to how to prove it .

Just in the early  morning ,you find number of cycles carrying gas cylinders and supplying to the customers. Costomers are more than happy to get cylinder before time .Be noted office of the dealer is yet not opened .The dealer’s employees have already got your voucher  issued in the last evening so that when cylinders re-filled from the manufacturer land up in the godown of the dealer in the morning,they promptly give you services.Now if you happen to visit these godowns,you will find cylinders getting tempered there,empty cylinders in the possession of these employees are getting filled from the new arrived cylinders by siphoning method and then adjusting the weight with water .Tempered cylinders are then again sealed and before the dealer opens its office ,cylinder reaches to you.

Yet another issue-you find leakage of gas and have informed the agency about smell.The dealer will send a person who will sell a pipe to you removing just a new undamaged pipe and you have no option .But smell still continues ultimately landing into damage to the customer due to ignition on account of  leakge.

One very important point-the life of cylinders is of five years and their expiry date is marked under the ring on the top of the cylinder on side strips. It is the dealer’s property which needs to be thrown out after expiry but employees of the dealer use these cylinders for black marketing re-filling  and tempering etc.

All the above issues had been discussed in the various judgements 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 judgement, relationship between the dealer and manufacturer is of principal to principal basis and not of principal-agent,hence every one 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 severly responsible

Let us look at the procedure as a whole followed in distribution of the LPG gas cylinders from the manufacturing point to the customers.

  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 godown 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. .

Negligence, if any, for allowing the customer to carry the cylinder on his own whereas the guidelines mandated the dealer to deliver at the premises of the customer, will be on the dealer and the manufacturer cannot be made liable for the negligent act of the deal In this regard, we may rely upon the case of Flame Gas Service, Bikaner & Ors. Vs. Aklesh Kumar Bansal & Ors [I (1995) CPJ 78

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  of the challan

5.       Do not install on your own and  do not fetch cylinder ot 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

MEMBER,CONSUMER FORUM

 

 

 

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