Himachal Pradesh High Court
Kiran Bala Sood & Others vs 2. Cwp No. 757 Of 2018 on 30 December, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP Nos. 756, 757 and 212 of 2018.
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Date of decision: 30.12.2019.
1. CWP No. 756 of 2018.
Kiran Bala Sood & others .....Petitioners.
Versus
2. CWP No. 757 of 2018.
Mukesh Kumar and others Union of India and others .....Respondents.
.....Petitioners.
Versus Union of India and others .....Respondents.
For the Petitioner(s) : Mr. Karan Singh Kanwar, Advocate, in both the petitions.
For the Respondents: Mr. Shashi Shirshoo, Central Government Standing Counsel, for respondent No.1.
Mr. K.D.Sood, Senior Advocate with Mr. Sukrit Sood, Advocate, for respondent No.2.
Mr. Dushyant Dadwal,
Advocate, for respondent No.3.
3. CWP No.212 of 2018.
Pritam Chand .....Petitioner.
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2
Versus
Indian Oil Corporation and others .....Respondents.
.
For the Petitioner : Mr. Dushyant Dadwal,
Advocate.
For the Respondents: Mr. K.D.Sood, Senior Advocate
with Mr. Sukrit Sood, Advocate,
for respondents No.1 and 2.
Mr. Mandeep Chandel,
Advocate, for respondent No.3.
Mr. Shashi Shirshoo, Central
Government Standing Counsel,
r for respondent No.4.
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting?1 No Tarlok Singh Chauhan, Judge (Oral).
The genesis of this dispute appears to be a letter dated 12.10.2017 written by one Shri Sanjeev Soni, Mandal Adhyaksh, Palampur to Shri Shanta Kumar, Member of Parliament, making therein a grievance regarding the working of the 'M/S Palam Gas Service' (petitioner in CWP No. 212 of 2018), which reads as under:
"1) That in Palampur town M/S Palam Gas Service (Indane) is working for more than last 30 years. The most of the consumers are not satisfied with the working of 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 3 the above agency due to irregular supplies as well as adamant attitude and rude behaviour of the owner of the agency with the consumer like ladies and senior .
citizens.
2) That in the year 2009 an another Indane LPG agency was commenced at Ghuggar which is run by the HP State Civil Supplies Corp Ltd (A HP Govt. Undertaking) for the benefit of the local public. The services of this LPG agency are very good and there is not any public complaint against the agency.
3) That the most of the LPG consumers wants to transfer their LPG connections to govt. agency at Ghuggar but whenever someone approaches the owner of the Palam Gas Service to transfer their LPG connection to LPG Ghuggar he not only straightway refuses to transfer the LPG Connection but also misbehaves with them. The most of the consumers as well as the surrounding Panchayats have represented the Indian Oil authorities and administrator to transfer their connections from M/S Palam Gas Service time and again but in vain. The copies of the latest resolutions of Ghuggar, Aima and Lohna & Bandla Panchayats along with representations of the general consumers for transfer of their LPG connections which were submitted to the Indian Oil officers are enclosed here with for kind perusal please.
4) That the Govt. of India has started Portability of LPG connections in the towns where multiple LPG Agencies are working to facilitate the consumers to choose the LPG agency of their choice which suits best.
5) That in the month of January 2017 the portability of LPG Connections was started in the Palampur town to facilitate the consumers. More than 50 LPG connections ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 4 were transferred on line from Palam Gas Service, Palampur to M/S HPSCSC LTD. LPG Ghuggar by the consumers itself.
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6) That the owner of the M/S Palam Gas Service complained against the HPSCSC Ltd. Agency Ghuggar on the issue of the portability and influenced the Area Manager IOC (Indane) Shimla, who as a result withdrew the portability facility in the last week of the January 2017 and deprived of the LPG Consumers from their right to choose the agency of their choice.
It seems that the Area Manager Shimla is working under whims and fancies of M/S Palam Gas Service, Palampur who's this act of withdrawing the facility of portability is not only against the rights/interests of the general LPG consumers but also the policies of the Centre Government framed for the benefits of the general public."
2. Taking cognizance of the letter, the Member of the Parliament forwarded the aforesaid letter along with his own letter dated 26.12.2017 which reads as under:
"Briefly stated that IOC Gas agency was initially sanctioned in the name of M/S Palam Gas Agency, Palampur but with the expansion of area as well as population consumers started facing inconvenience in getting refill/new connection. Later on with my all out efforts a new Gas Agency of IOC was got sanctioned to HP State Civil Supply Corporation at Ghuggar in 2009. On this problem for new connection was sorted out but the problem for refills remains for old connection which was earlier issued by M/S Palam Gas Agency, Palampur.::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 5
With the inception of portability of LPG connection scheme in the towns where multiple agencies are .
working a very few connection were transferred online by the Palam Gas Agency to Ghuggar. But, all of a sudden this facility has been withdrawn by the IOC Shimla without any reason.
The consumers are facing great inconvenience in getting their re-fills etc. Therefore, I am requesting you to kindly look into this genuine grievance of public and take immediate necessary action. Both these agencies are existing in my home Town at Palampur."
3. The respondent-Indian Oil Corporation responded to the letter of the Member of Parliament wherein they refuted and controverted all the allegations as set out in the letter written by Shri Sanjeev Soni (supra), as would be evident from the contents of the letter which are reproduced hereinbelow in extenso and read as under:
"Kindly refer to the subject VVIP reference dated 26.12.2017 received from Hon'ble M.P., Lok Sabha, Sh. Shanta Kumar, enclosing therewith a complaint from Sh. Sanjeev Soni, Palampur. The point wise reply is as under:
1. M/s Palam Gas, Palampur was commissioned in the year May 1986 and have been serving Indane customers for last more than 30 years. There has not been any complaint of refill backlog with the distributors and regular supplies are being sent to the distributors.
Distributor also regularly places the indent with the ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 6 Plant for supplies. Further, the complainant has not given any specific instance of adamant attitude or rude behaviour by the distributor or his staff.
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2. There has not been any specific complaint regarding customer service either from Palam Gas Service or M/s HPSCSC, Ghuggar (Himachal Pradesh Civil Supplies distributorship).
3. There is no specific request from customers for transfer of gas connections from M/s Palam Gas to M/s HPSCSC, Ghuggar. No representations for transfer of gas connections have been received by Field Officer or Area Office. As stated in the complaint, copies of the latest resolutions of Ghuggar (Aima, Lohna & Bandla Panchayats) and the representations of the general consumers for transfer of their LPG connections, have neither been attached with the complaint nor ever received in the Area Office.
4. In the month of January 2017, a few requests were received for transfer of connections from M/s Palam Gas to M/s HPSCSC, Ghuggar. The portability was activated in the system by grouping both the distributors and all the requests received were cleared by M/s Palam Gas Service. However, in the process some unscrupulous elements displayed the banners and pasted notice on shop regarding transfer of connections under portability scheme and were charging the customers for providing portability service. To arrest this mal-practice, the portability was disabled. However, the request for transfer of customers from Palam Gas to M/s HPSCSC, Ghuggar was never refused either at distributor level or field/Area office level.
::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 75. Under the portability service in the month of January, 2017, 50 requests were received and the same were cleared by M/s Palam Gas Service for transfer to .
M/s HPSCSC, Ghuggar. No request from any customer of M/s Palam Gas Service, has been received after January, 2017, for transfer of gas connection to M/s HPSCSC, Ghuggar.
6. As regards point No. 6, the same is not correct. All the steps are being taken by us to safeguard the interest of the customer at Field & Area office level. The average sale of M/s HPSCSC,Ghuggar, is 2650 cylinders. As stated in the complaint the customers under Gram Panchayat Aima, Lohna and Bandla will be identified and will be transferred to M/s HPSCSC, Ghuggar, within next 10/15 days i.e. by 25/01/2018 to bring the distributor to viability level."
4. However, despite having controverted and refuted all the allegations that had been levelled by Shri Sanjeev Soni in his letter dated 12.10.2017 and having found no irregularity and illegality in the working of the 'M/S Palam Gas Service', the Indian Oil Corporation in less than four days of its letter to the Member of Parliament started withdrawing connections from 'M/S Palam Gas Service' and within a short span withdrew more than 3000 connections. Why such an exercise was undertaken is not at all forthcoming.
::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 85. No doubt, learned counsel for the respondent-Indian Oil Corporation has invited my attention to Point No.6 of its reply .
sent to the Member of Parliament wherein it is stated that the complaint of the customers under Gram Panchayats Aima, Lohna & Bandla will be identified and will be transferred to M/s HPSCSC, Ghuggar, within 10-15 days so as to bring the viability level. But, the fact remains that the complaint made by Shri Sanjeev Soni and also by the Member of Parliament was regarding the inconvenience being faced by the consumers and not regarding the viability of Gas Agency that had been allotted in favour of the HPSCSC.
6. Even otherwise, it is a consumer driven market and, therefore, it is for the consumers and not for respondent No.1- Indian Oil Corporation to decide as to from where and from whom they would like the LPG to be delivered to them.
7. On 29.01.2018, this Court had passed the following order:
"CMP No.1040 of 2018.
Infructuous. The application stands disposed of.
CWP No. 212 of 2018.
Issue notice. Mr.Navlesh Verma, Advocate, appears and waives service of notice on behalf of respondent No.3 and Mr.Rajinder Thakur, learned Central ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 9 Government counsel, appears and waives the same on behalf of respondent No.4. Notices be issued to respondents No.1 and 2, returnable on 26th March, .
2018. Steps for service be taken within 2 days.
CMP No.1041 of 2018.
Notice in the aforesaid terms. In the interim, it is directed that the consumers as were/are registered with the petitioner and respondent No.3 shall be free to opt for the services being provided either by the petitioner and respondent No.3 and the pendency of this petition shall not come in their way. This order shall equally apply to even those consumers whose names have already been struck off from the rolls of the petitioner.
CMP No.1042 of 2018.
Typed copies/legible copies of Annexures P-2 & P-8 be filed before the next date of hearing. Application stands disposed of.
Copy 'dasti'."
8. It is not in dispute that the aforesaid order is working perfectly for the advantage of the consumers. However, it appears that even though many of the consumers are attached with the petitioner, but their subsidies are not being credited to their accounts, which has resulted in filing of the writ petitions being CWP Nos. 756 and 757 of 2018 wherein the petitioners have prayed for grant of the following relief:
"A writ of Mandamus or direction in the nature of writ of Mandamus may kindly be issued directing the ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 10 respondents to release the Gas subsidy as per the entitlement to the petitioners."
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9. In this background, the only possible solution is that those of the consumers, who are taking their supply from the petitioner and want to continue, but are registered with the HPSCSC, Ghuggar and in case they want their LPG to be transferred, then they will visit HPSCSC, Ghuggar and submit their request letter(s) for transfer of their connections with the petitioner-M/S Palam Gas Service, along with copies of their 'Aadhar Cards' and bank details. Thereafter, the consumers will be registered with the petitioner-M/s Palam Gas Service and after entries are made in the system, they shall be entitled to the subsidy on the receipt of the registration with the said distributor.
10. However, it is made clear that it is the consumers, who have an absolute and unfettered right of opting for gas supply either from 'M/S Palam Gas Service' or from the HPSCSC, Ghuggar.
11. At this stage, it is pointed out by Mr. Karan Singh Kanwar, Advocate, that his clients have not been extended the benefit of the subsidy because of the pendency of these writ petitions. The mere fact that the petitioners in CWP Nos. 756 ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP 11 and 757 of 2018 were registered with one Gas Agency and actually the gas was being supplied by the other Gas Agency .
cannot be a ground for denial of the subsidy.
12. Therefore, in the given circumstances, it is made clear that after the registration of the consumers with the Gas Agency that is actually supplying gas and where the consumers want to be registered, the subsidy shall also be transferred to
13. to that account and credited to their accounts.
The aforesaid exercise be carried out by the Indian Oil Corporation as also the petitioner in CWP No.212 of 2018 and HPSCSC within a period of three months i.e. on or before 31.03.2020.
13. Before parting, it needs to be clarified that since it is a consumer driven market, it will be the sweet-will and wish of the consumers to opt for any of the Agencies as per their choice and convenience.
14. The writ petitions stand disposed of in the aforesaid terms, so also the pending applications.
Copy 'dasti'.
(Tarlok Singh Chauhan) 30 th December, 2019. Judge (krt) ::: Downloaded on - 31/12/2019 20:25:14 :::HCHP