More Points to Note

Consumer Voice - - House On Fire? -

Is­sues sim­i­lar to those in Devi’s case had been dis­cussed in sev­eral judge­ments pro­nounced by var­i­ous courts across In­dia. In 1995, in the mat­ter of of In­dian Oil Cor­po­ra­tion ver­sus Con­sumer Pro­tec­tion Coun­cil, Ker­ala, and oth­ers, the Supreme Court (SC) had clar­i­fied the re­spon­si­bil­i­ties of gas dealer as well as the manufacturer. As per SC, the re­la­tion­ship be­tween the dealer and the manufacturer “is of prin­ci­pal-to-prin­ci­pal ba­sis and not of prin­ci­pala­gent. Hence, ev­ery­one (both of them) are in­di­vid­u­ally re­spon­si­ble for their own acts.” Fur­ther, “We need to check the sub­ject mat­ter on case to case ba­sis and also as per the ‘agree­ment’ be­tween the dealer and the manufacturer. The facts and cir­cum­stances will only es­tab­lish if both are jointly and se­verely re­spon­si­ble.”

Res ipsa lo­quitur – Some Hope for Con­sumers

Let us look at the pro­ce­dure as a whole fol­lowed in dis­tri­bu­tion of LPG gas cylin­ders from the man­u­fac­tur­ing point to the con­sumer, as de­tailed in the 1995 land­mark judeg­ment men­tioned above.

All cylin­ders in the bot­tling plant are sub­jected to ‘leak test­ing’ so as to ver­ify whether there is any

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