National Consumer Disputes Redressal
Bharat Petroleum Corporation Ltd. vs Ashok Kumar & Anr. on 17 May, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 383 OF 2009 (Against the Order dated 05/12/2008 in Appeal No. 816/2008 of the State Commission Delhi) 1. M/S. ENGINEERING ENTERPRISES Throug Its Prop. Mrs. Veena Chaudhry WZ-80, Pankha Road , Nangal Raya New Delhi Delhi ...........Petitioner(s) Versus 1. ASHOK KUMAR & ANR. R/o. Rz-21 A, Sagarpur Gali No.0, Main Sagarpur Bazar, Palam Road New Delhi ...........Respondent(s) REVISION PETITION NO. 384 OF 2009 (Against the Order dated 05/12/2008 in Appeal No. 816/2008 of the State Commission Delhi) 1. BHARAT PETROLEUM CORPORATION LTD. Through its Prop. Mrs.Veena Chaudhry Wz-80Pankha Road , Nangal Raya New Delhi - 110048 Delhi ...........Petitioner(s) Versus 1. ASHOK KUMAR & ANR. S/o. Shri Ghansi Ram ,
R/o. Rz-21, A, Sagarpur Gali No.0, Main Sagarpur Bazar, Palam Road, New Delhi - 46 Delhi 2. MAMTA W/o. Shri Ashok Kumar R/o. Rz-21, A,Sagarpur Gali No.8, Main Sagar[ir Bazar , Palam Road, Delhi-46 Delhi ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT HON'BLE MRS. M. SHREESHA, MEMBER For the Petitioner : For the Respondent : MR. BHOLA SINGH Dated : 17 May 2016 ORDER RP/384/2009 The costs of ₹2,500/- has been paid.
Learned counsel appearing for the Petitioner, namely, Bharat Petroleum Corporation Ltd., states that having regard to the facts of the case, he has instructions not to press the Revision Petition.
In view of the statement, the Revision Petition is dismissed as withdrawn.
Needless to clarify that the dismissal of this Revision Petition shall not be treated as a precedent in other cases.
RP/383/2009 Having regard to the fact that RP/384/2009, filed by the manufacturer, viz., Bharat Petroleum Corporation Ltd., against the order dated 5.12.2008, impugned in this Revision Petition by the authorized distributor of the LPG gas cylinders, has been graciously withdrawn, bearing in mind the facts that : (i) in the accident, alleging manufacturing defect in the gas cylinder, a valuable human life, viz., the son of the Complainant was burnt to death; (ii) only a paltry compensation of ₹1,91,000/- plus ₹2,00,000/- on account of loss etc. has been awarded by the District Forum and affirmed by the State Commission and (iii) though the accident took place as far back as in the year 2002, no interest has been awarded by either of the Fora, we do not find it to be a fit case for exercise of our limited Revisional Jurisdiction.
Consequently, this Revision Petition is also dismissed, with no order as to costs.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER