Need Help: RTI application for Branded Petrol / Diesel

[karira]

Over the last few months, the number of petrol pumps (both company owned and dealer owned), selling ordinary Petrol and Diesel is becoming less and less.

Branded Petrol and Diesel are the only products being offered at pumps. I want to file a RTI application with BPCL/HPCL/IOC to find out why this is happening and what is really the difference between the ordinary product and the branded product.

I have drafted a RTI application for this purpose. Can members please go through the attached draft and suggest any changes / modifcations and also if I have missed out any points.

[ganpat1956]

Good work, Karira!

[The Great]

Kariraji, I shall try it in my location also, offcourse with limited question. Thank you.

[karira]

As reported by B. Krishna Prasad in The Deccan Chronicle, Hyderabad Edition, in the edition dated 4 July 2008:
Deccan Chronicle ePaper - Article

[karira]

In view of the above mentioned article that appeared in todays newspaper, I will redraft the RTI application and repost here for members suggestions.

[karira]

Update:

Sent the RTI applications to IOC, HPCL and BPCL.

Only HPCL replied within the 30 day period.

The answers given clearly show that:

1. No test results for difference between ordinary product and branded product available.
2. The main difference is a "additive".
3. The price difference between ordinary and branded was only Rs. 1.28 for Petrol and Re. 0.36 for Diesel on 1 January 2005 but has now increased (as on 19 July 2008) to Rs. 4.00 for petrol and Rs. 2.55 for Diesel. There is no change in the composition of the branded product during this time.
4. Dealers are paid higher margin on branded product as compared to ordinary product - Rs. 1.052 v/s Rs 1.240 for Petrol and Rs 0.631 v/s Rs 0.721 for Diesel.
5. Sales progress clearly shows that either the consumers have taken whole heartedly to branded fuel or the company/dealers are consciously pushing the product:

PETROL
Jan 2005 365 v/s 1929 (normal) abt 16%
Jan 2006 539 v/s 2078 abt 20%
Jan 2007 396 v/s 1638 abt 20%
Jan 2008 1011 v/s 3458 abt 23%
June 2008 1874 v/s 3080 abt 38%

(the figures given do not give the units like - litres, KL, lakhs, million litres etc..)

Slightly lower trend noticed in Diesel.

Now going for First Appeal with HPCL since the reply said that ALL outlets in Hyderabad/Secunderabad stock ordinary as well as the branded product. Unfortunately the HP outlet closest to my home does not have any ordinary diesel or petrol for the last 1 year. In fact, today, they did not even have the branded diesel in stock !

[sandeepbaheti]

Any update on action taken regarding BPCL and IOC?

[karira]

Originally Posted by sandeepbaheti

Any update on action taken regarding BPCL and IOC?

IOC denied most of the information citing various subsections of Sec 8.
They did not even want to give the list of petrol pumps they have in the twin cities.
Now under First Appeal.

The PIO at BPCL gave totally false and misleading information.
Also under First Appeal.

Not even a single company knows what is the difference between the two product types. HPCL gave a detailed explanation but in general terms. BPCL said that "additives" are mixed. IOC said it is a trade and commercial secret.

None of the three have ever got the "premium" products tested by a laboratory.

The share of the premium product in the total sale has gone upto 30% of the total sold.

For about 6 weeks, I found normal petrol and diesel being sold everywhere.

But just this morning, the HPCL company outlet which I normally visit had a big computer printed poster "Only Premium Petrol and Diesel Available". As per the Manager, these are instructions from the Company. Took his signature on the bill and a picture of the poster (with the manager standing next to it holding a copy of todays newspaper), as proof.

Will file another RTI application tomorrow.

[dinu]

dear kariraji
where there is sale of only branded fuel we can always complaint to the ministry of petroleum and natural gas or director of public grivence it fundamental duty of the pump owner to provide both the fuel branded as well as the ordinary.
secondly where both the fuels are sold but mostly the normal fuel is out of stock and branded fuel is purposely sold most of the times.we shold ask the copy of d.s.r(daily stock register) for past 3-6 months but we should ask the d.s.r copys which are maintained at fuel station not form the oil companies because they may manuplate the stock position and provide the copies insted we should ask the supply dept(district supply officer under collectorare) to provide the copys

after receiving the d.s.r copys we can see the daily stock,and can see number of days the normal fuel was out of stock ,
now second time with all the details we can ask the oil companies that for such period why was the station running out of stock for normal fuel.
and if we find the answer non satisfactory we can complaint to minstry of petroleum or the director of public grivences

[sandeepbaheti]

Karira Sir,
At the risk of going beyond the scope of this forum I would like to bring to your kind notice that the above mentioned practice is a 'Restrictive Trade Practice' within the meaning of section 2(nnn) of the Consumer Protection Act, 1986. You can straightaway file a complaint in the district forum of your district u/s 12 of the act and force all the three companies to
1) pay a compensation to you for any loss suffered by you due to non-availability of unbranded oil
2) pay a fine under section 14(hb) of the act
3) Discontinue the restrictive trade practice i.e. make available unbranded oil
4) Issue corrective advertisement specifying that unbranded oil is available; and
5) Reimburse all costs incurred by you in the process

Obviously this is without prejudice to your right to ask for information under the RTI Act.

From the kind of knowledge, expertise and experience that is visible in your various posts in the forum, I can infer that you would already be knowing all about Consumer Protection Act and if not, one reading of the Act will be sufficient for you. If however you would like me to offer help regarding the procedure under CPA, I would most humbly be pleased to do so.

Now here I would like to draw the attention of community owners, moderators and members. Although we are here for discussion on RTI Act, better use of RTI Act is not our goal. It is only a means to attain that goal. Our actual goal is to work towards ensuring transparency in government and fight against corruption and unfair practices to ensure that all citizens get what they rightfully deserve.
While RTI is a very powerful tool for working towards our goal, CPA is another equally powerful tool, if not more. Also, CPA seems to well complement RTI. While RTI is an indirect approach to expose unfair practices, CPA is a direct mechanism for fighting against such practices.
I therefore appeal to all persons working for the cause of RTI to also acquaint themselves with the provisions of Consumer Protection Act and use it wherever appropriate.

Regards,
Sandeep

[karira]

Sandeep & Dinu,

Many thanks for your nice suggestions.

So, I have now 3 avenues:

1. Continue pursuing under RTI with the Oil Marketing Companies
2. New RTI to DSO, as suggested by Dinu
3. CPA as suggested by you

1. and 2. I can definitely do immediately.
Will also read the CPA for Nr. 3. but will need your help.
Problem is that I have only one signed bill. All other bills are unsigned (computer printouts from the machine attached to the pump) - but I have all the bills with dates for the last one year or so, since I normally fill up only at that COCO outlet located close to my house. Will that be a barrier to making a claim?
In any case, all documents obtained under RTI Act will also help me in the Consumer Court.

I also followed up on Dinu's suggestion of lodging a complaint on the Public Grievance website. Let us see where that gets me to.

[sandeepbaheti]

Unsigned bills should be acceptable as that is the normal practice followed in petrol pumps. Even if they aren't (worst case scenario) the one signed bill is sufficient to establish that you are a consumer u/s 2(d) of CPA.
Regarding the avenues, both RTI and CPA are independent laws not conflicting with each other so you can even continue with all 3 avenues together. However looking at the facts of this case I personally feel that RTI would be a long battle and even after getting all the information to prove the guilt of oil companies you will have little powers to get anything enforced on them. This is why I suggested the CPA route. As repeated earlier, you need not stop the two RTI applications for filing case under consumer court.

True that documents obtained under RTI Act will help you in consumer court but getting the documents before approaching consumer court is not compulsory. All consumer courts have powers of civil courts and they can order the company to produce all relevant documents.

To proceed with CPA you will first need to send a written complaint to the company and if you are not satisfied with their response then you can proceed to consumer forum. Let me know whenever you want to proceed with this and I will send you the details of the format and procedures etc. However do bear in mind that for filing a case in consumer forum their is a limitation period of 2 years from the date of arising of the cause of action after which complaints will not be entertained.

[Bimal Kumar Khemani]

Originally Posted by ganpat1956

Good work, Karira!

I have given ssome remarks on the original application, kindly go through that.
BIMAL KHEMANI

[karira]

Bimal,

After giving remarks on the word doc document, you need to upload it as a attachment to your post once again.

The attachment to my post (the original application) is still the same as it was originally and stays that way.

Please do the needful.

[Bimal Kumar Khemani]

1. some of the questions are repeated, so It is suggested to make composite questions.
2. Another point be asked about the furnishing the photo copies of the EXPLOSIVE LICENSES of all the retail outlet. There you will find that almost all EXPLOSIVE licenses are issued in the name of the petroleum companies, but the sale memo is given in the name of the franchisse. After obtaining the information the state government be asked , how one can sell petrol without having any storage license in their name.
This is a very big SCAM of all the petroleum companies.
Bimal Khemani

[dinu]

not most but all the petrol pump explosive lic are in name of oil companies,but for sale of product sale tax registration is required and that is in the name of pump not the oil company so according to me that dosen t make any diffrence on who s name the explosive lic is.
for clarificcation you can make r.t.i application to ministry of industries dept(central govt).since they have control over explosive dept