LAW ABOUT  RESPONSIBILITY OF DEALER AND MANUFACTURER

 

{LPG GAS CYLINDERS }

 

National Insurance Company Ltd.V/S  Hindustan Petroleum Corporation Ltd.& Phoenix Distributors, revision petition no. 816-818 of 2009

Pronounced on 1st April, 2010

“In our view, the incident will be covered under this section of the policy as otherwise the very purpose of taking an insurance policy for third party coverage will be defeated.  Section-X, which deals with public liability can be gainfully reproduced, which reads as under :-

“Section X – Public Liability

The Company will indemnify the Insured (or in the event of the death of the insured his legal representative) against all sums which the insured shall become legally liable to pay in the event of :

a)    accidental bodily injury to any person (not being either a member of the insured’s family or a person engaged in and upon the service of the insured at the time of occurrence giving rise to such injury nor a person claiming against the insured under any workmen’s compensation act.

b)    Accidental damage to property (not being property of or belonging to or in the custody or under the control of the Insured or any person in the services of the Insured or upon which the Insured or any such person is or has been working if that damage results directly from such work) happening during the period of insurance specified in the schedule in connection with the Trade/Business as described in the schedule.”

Clearly, this provision covers the incident of the kind under adjudication in this case and the State Commission, therefore, has committed no irregularity or illegality in holding the petitioner/Insurance Company liable.”

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

  Flame Gas Service, Bikaner & Ors. Vs. Aklesh Kumar Bansal & Ors [I (1995) CPJ 78

 

“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 dealer. “

  Shyam Sunder & Ors. Vs. The State of Rajasthan – (1974) 1 SCC 690

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

 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

“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”

 

 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

 

6.      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.

 

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

 

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

 

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 Domestic LPG Consumers

 

 1. 14.2 Kg LPG cylinders are meant only for domestic use.

 

 2. Diversion of domestic LPG cylinder for commercial use including wedding ceremonies and in the vehicle is illegal.

 

 3. If the domestic LPG cylinders are used for commercial purposes, it can attract imprison-ment for 7 year along with penalty

 

 4. Only one LPG connection is allowed to be used in a family. Surrender your multiple domestic LPG connections.

 

 5. Transfer of connection to family member is now permitted provided the transferee in the family is not having LPG connection. The follow-ing documents are required for transfer:

 

·         KYC of the Transferee.

·         Proof of address.

·         Original subscription voucher.

·         . Declaration from the transferee.

·         Aadhaar would be the pre-requisite for getting LPG subsidy. Enroll yourself for Aadhaar Number. Submit a copy of Aadhaar to your LPG Distributor to link it to your LPG Consumer Number and to the bank to link it to your bank account.

                                 

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