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code88

Indian oil corporation rti

Question

code88

I asked the following

 

Q (1) Provide the certified copy of the dealership agreement executed between xxxxx gas agency and Indian oil corporation for distribution of Indane LPG cylinders, including terms and conditions as well as facilities and services required to be provided by the dealer to the consumers in his area of operation.

Reply : Copy of agreement with the above distributer cannot be provided since the agreement includes provisions pertaining to commercial confidence, discloser of which would harm the competitive position of a third party under section 8 (1) (d) . The citizen charter giving details of services and facilities to customer is available in www.indane.co.in

 

Q (2) Delivery slips

Reply: Document given but not at all clear and barely readable.

 

Q (3) Certified copy of  document/list showing the area of operations of the xxxx dealer as of now.

Reply: Area of operation is mentioned in the distributor agreement which cannot be provided since the reason stated in reply 1.

 

Reply to Question 4 is unanswered and not even mentioned.

 

What's all your suggestions?

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Prasad GLN

First Appeal dt.9th Jun, 2020 under RTI Act

Before : First Appellate Authority, Indian Oil Corporation, ....

Against: CPIO, Indian Oil Corporation.

Appellant:  .........................

Grounds for appeal:  CPIO has not applied his mind properly and evaded information.

1.The agreement with such dealer is uniform and not exclusive between that dealer and IOC alone.  When it is uniform format, providing such format in no way harms such competitive position.  The agreement between a Central GOvt PSU and a public utility dealer is never a document of commercial confidence as there is no economical or intellectual property secrets or rights.   This is uniform format and many oil companies since enactment provided such format .  CPIO rejecting without justification is not proper and legal.

2.The delivery slips are enclosed for information of FAA.   There is no clarity and CPIO may be advised to provide such slips that are clear and legible.

3.Area of operation is not linked to agreement.  Every Central Govt. PSU must release advertisement and specify in notification about the jurisdiction of the appointed dealer and this jurisdiction is in no way connected to agreement at any stretch of imagination.   It appears that CPIO is bent upon denying information and invented such absurd excuse to deny information.  There should be clear demarkation of jurisdiction and public must know the jurisdiction of any dealer.

4.There is no response to Q4..CPIO must either provide the information or deny information stating such exemption in Sec. 8 (1) with justification.  CPIO has neither provided information nor denied information and remained silent and this is treated as deliberate, malafide and deemed denial.

Prayer: Appellant prays for directions to CPIO for providing the information as expeditiously as possible free of cost.

 

Appellant.

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