Deficiency in Service a prerequisite for Claim of Compensation

Team SoOLEGAL 18 Jul 2022 4:26pm

Deficiency in Service a prerequisite for Claim of Compensation

New Delhi: The Delhi State Consumer Dispute Resolution Forum has ruled that a lack of service is required to seek compensation in consumer disputes.

In an appeal against a District Forum order, the Bench of Justice Sangita Dhingra Sehgal and Sh. Rajan Sharma, Member found that the complainants failed to establish their case for deficiency in services and the use of unfair trade practices.

While debating whether the present complaint is bad for the parties' non-joinder, the Bench relied on the appellant's statement in which he categorically deposed in the present complaint that the gas stove was in perfect condition even after the incident. As a result, the District Forum's decision not to make them a party was upheld.

Noting that the appellants had also asserted that the damaged cylinder was still lying with them and that another empty cylinder was exchanged for the new cylinder, the record shows that the respondent had refilled the appellant's gas cylinder at his residence, in exchange for an empty cylinder after the date of the fire incident, proving respondent's accusation that the appellants had illegally purchased another gas cylinder to be accurate.

After reviewing the chronology of events and the evidence presented, the Bench concluded that the fire occurred as a result of the bursting of another cylinder obtained illegally by the appellants.

The Bench dismissed the appeal, noting that there is no cause or reason to reverse the District Forum's findings.

Tagged: Deficiency in Service   Compensation  
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