Kerala High Court Dismisses Pleas Against Unilateral Change In Distributorship Of LPG Cylinders By Oil Marketing Corporations
Case: Kasim P.H. v. Union of India & Ors., and other connected matters
Coram: Chief Justice S. Manikumar and Justice Shaji P. Chaly
Case No.: WP(C) NO. 26014 OF 2019
Court Observation: “…the guidelines and the agreement executed by and between the Oil Marketing Corporations and the distributors would show that the consumers are under the direct supervision and control of the Oil Marketing Corporations and the consumer cannot turn around and say that they are entitled to continue with the existing distributors”.
“…such a course of action adopted by the Government and the Oil Marketing Corporations would only enure to the benefit of the consumers, and by no stretch of imagination, it can be visualised and presumed that the shifting of consumer from one distributor to another, would, in any manner, prejudice the consumer”.
“When the distribution of the LPG cylinders is regulated and controlled under the Essential Commodity Act, 1955, and the Oil Marketing Corporations are controlling the appointment of the distributors and the supply of LPG Gas cylinders; it is for the Oil Marketing Corporations to take into account the necessary and required viable aspects for effectively and safely supplying gas cylinders and rendering services to the consumers”
“…merely because such a provision is made in the Inter-company Portability Guidelines, that cannot be, in any manner, interpreted as a right conferred on the consumer to object to the porting done by the Oil Marketing Companies, when new distributors are appointed”.
Distributorship Of LPG