NCDRC asks IOCL, dealer to pay Rs 12 lakh to kin of woman killed in cylinder explosion

Apex consumer commission NCDRC has directed IOCL and its dealer to pay over Rs 12 lakh compensation to the next of kin of a woman who died in a cylinder explosion, saying the accident occurred due to manufacturing defect.

The National Consumer Disputes Redressal Commission (NCDRC) held IOCL and Alok Gas Agency liable for the gas cylinder explosion which claimed the life of Neena Jhamb, a housewife, and seriously injured her mother-in-law.

The commission said the onus was on Indian Oil Corporation Ltd (IOCL) to conduct inquiry into the defect as there was no evidence of negligence by the consumer.

"There is no documentary evidence brought on record that there was any remote contributory negligence on behalf of the consumer.

"Being the manufacturer the onus shifts to IOCL to conduct an enquiry and report on the defect, if any or cause of the blast, which has not been done and, therefore, the submission of IOCL that there was no report of manufacturing defect, cannot be accepted," the commission said in a recent order.

"For all the afore-noted reasons we hold both the IOCL and the dealer liable. We hold that as the material on record evidences that the blast was caused by a manufacturing defect in the cylinder, IOCL is principally liable," NCDRC President R K Agrawal and member M Shreesha said.

The order came on an appeal filed by IOCL, the gas agency and an insurance company against the Delhi state consumer forum's order directing them to pay the victim's kin Rs 12,21,734 along with interest.

The commission, while dismissing the appeal, also imposed a cost of Rs 25,000 on IOCL.

The complaint against the PSU and its dealer was filed by the deceased's husband and children who had said that on April 3, 2003, Neena was cooking in the kitchen along with her mother-in-law Kanta when the cylinder exploded.

According to the complaint, as soon as they replaced an exhausted cylinder with a new one, there was leakage of gas leading to an explosion in which Kanta suffered 65 percent burns whereas her daughter-in-law was admitted to a hospital with 90 per cent burns. Neena died after 24 days.

IOCL resisted the complaint saying that the complainant was not a 'consumer' as the supply of gas was done by the dealer and IOCL had rendered no service. It also said that the fire was caused by the negligent act of the complainants.

The dealer contended that no FIR was lodged with the police neither any forensic examination of the site was done, without which it cannot be said that the cause of accident was only due to defective cylinder.

The apex consumer commission rejected the contentions of IOCL and its dealer while dismissing their appeal.