Lpg Consumer Welfare Association, v. M/S. Bharat Petroleum Corporation Ltd.,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.25259 of 2018 ORDER:

This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents 1 to 3 in transferring 10,000 LPG connections of the members of the 1st petitioner-association, who are consumers of the 4th respondent to respondents 5 to 7 without following the guidelines stipulated in Circular LPGH/1/CON, dated 10-012018 issued by the 1st respondent, the further action of respondents 1 to 3 in not transferring the LPG connections of the members of the 1st petitioner who sought re-transfer of their LPG connections from respondents 5 to 7 to 4th respondent as being illegal, arbitrary, without jurisdiction and violative of Article 14 of the Constitution; and consequently direct respondents 1 to 3 to forthwith transfer all the LPG connections of the members of the 1st petitioner, who sought for re-transfer of their LPG connections from respondents 5 to 7 to 4th respondent.

Learned counsel for the petitioners stated that as per the Circular dated 10-01-2018, the official respondents are required to inform the consumers of any transfer of their LPG connections from the existing distributor to another distributor/s and, in this case without informing the consumers who are attached with the 4th respondent LPG

distributor, who according to the 1st petitioner, enjoys 5 star rating in customer service, transferred to the respondents 5 to 7 in violation of the Circular dated 10-01- 2018. It is also stated that there are complaints from the consumers as to deficiency of service of respondents 5 to 7. It is further stated that in fact respondents 5 to 7 also expressed their inability to provide service to the consumers who are transferred from the 4th respondent, and in view of the same, transfer of 10,000 LPG connections from 4th respondent to respondents 5 to 7 is illegal and against the spirit of the circular dated 10-01- 2018. Sri P. Venugopal, learned senior counsel appearing for Sri B.

Mayur Reddy, learned Standing Counsel for respondents 1 to 3 submitted that the petitioners have no locus standi to maintain this writ petition as it is for the LPG consumers to make a grievance with regard to the transfer of their LPG connections to a particular distributor and deficiency of service, if any, with the transferee LPG distributor. Learned senior counsel also submitted that the Circular dated 10-012018 provides for re-transfer of LPG connections from one LPG distributor to another LPG distributor, if there is deficiency of service with any particular LPG distributor the consumers can seek re-transfer. It is also stated that the writ petition is filed at the instance of the 4th respondent from whom certain LPG connections were transferred to respondents 5 to 7 by following the guidelines stipulated in the above circular.

Clause 10 of the Circular reads as under:- "10.Territory manager shall ensure triggering SMS/email, as per facility available in the software/system to the consumers intimating of the transfer and new distributor details. Additionally, public notice may also be published in local newspaper. The consumer makes a representation for continuing at old distributor, the same may be considered"

A reading of the above, it is understood that there is a provision for re-transfer of the LPG connections to the previous distributor, in case the consumer makes a application in that behalf. In the case on hand, it is stated that even respondents 5 to 7 seems to have expressed their inability to provide service to the consumers who are transferred from the 4th respondent. In the circumstances, it is open for the consumers who were attached with the 4th respondent earlier, now transferred to respondents 5 to 7, to make applications for retransfer of their LPG connections and on such applications being made by them, the official respondents 1 to 3 to consider the same in the light of the guidelines issued in Circular dated 10-01-2018 and pass appropriate orders thereon, in accordance with law, within a period of four weeks from the date of receipt of the applications from the consumers who were previously attached with the 4th respondent now with respondents 5 to 7 for re-transfer.

With the above directions, the writ petition is disposed of. The miscellaneous petitions if any pending shall also stand disposed of. There shall be no order as to costs. ______________________________ A.RAJASHEKER REDDY, J Dated: 24-07-2018 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP No.25259 of 2018 //WEB// NRG Dated: 24-07-2018