R.Baby Nazeema vs The Territory Manager
2021 Latest Caselaw 18073 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                     WP(C) NO. 18275 OF 2014


PETITIONER/S:

            R.BABY NAZEEMA
            W/O.YAFURDEEN, MARIAM FUELS, RETAIL DEALER,
            PUNNAMOODU, VARKALA.

            BY ADVS.
            SRI.TPM.IBRAHIM KHAN (SR.)
            SRI.T.K.ANANDA PADMANABHAN
            SRI.M.BALAGOVINDAN



RESPONDENT/S:

    1       THE TERRITORY MANAGER
            BHARAT PETROLEUM CORPORATION LTD, IRIMPANUM,
            ERNAKULAM.

    2       BHARAT PETROLEUM CORPORATION LTD
            REPRESENTED BY ITS TERRITORY MANAGER, IRIMPANUM,
            ERNAKULAM.

            BY ADVS.
            SRI.P.BENNY THOMAS
            SRI.M.GOPIKRISHNAN NAMBIAR
            SRI.P.GOPINATH
            SRI.K.JOHN MATHAI
            SRI.JOSON MANAVALAN
            SRI.KURYAN THOMAS




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   03.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18275 OF 2014

                                         2




                           P.V.KUNHIKRISHNAN, J
                   -------------------------------
                       W.P.(C)No.18275 of 2014
                  --------------------------------
              Dated this the 3rd day of September 2021

                                       JUDGMENT

The petitioner is running a retail

outlet of Bharat Petroleum at Punnamoodu,

Varkala. Ext.P1 is the letter of intent. The

petitioner uplifted 2900 Kiloliters of petrol

and 2342 Kiloliters of High speed diesel till

05-08-2013. It is the specific case of the

petitioner that, she paid higher rates to the

respondent. According to the petitioner, she

is entitled to refund the higher rate paid by

them. Ext.P2 is the calculation statement

submitted by the petitioner, in which the

petitioner stated that, she is entitled an

amount of Rs.19,73,810/-. Thereafter, the

petitioner sent Ext.P3 lawyer notice. Even

then, there is no response. In such situation, WP(C) NO. 18275 OF 2014

this writ petition is filed with following

prayers:-

"a) Issue a Writ of Mandamus or other appropriate writ direction of order directing the respondent to repay the excess amount collected from the petitioner from 20-09-2010 to 5-8-2013 for supply of petroleum products that comes to Rs.19,73,810/- (Nineteen Lakhs Seventy Three Thousand Eight Hundred and ten only) with interest to the petitioner on the basis of Exhibit-P2 within a time limit fixed by this Hon'ble Court.

b) To pass such other or such further order or orders at this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2) Heard the learned counsel for the

petitioner and the learned Standing Counsel

for the respondent.

                  3)       The         learned        Senior    Counsel

      Adv.T.P.Ibrahim            Khan,       who   appeared    for   the

      petitioner           as    instructed,          reiterated     the

contentions in the writ petition. The learned

Senior Counsel submitted that, the petitioner WP(C) NO. 18275 OF 2014

is waiting from 2014 onwards for getting the

refund. Even now, the amount is not paid. The

learned Standing Counsel submitted that, there

is some dispute about the above mentioned

amount.

4) After hearing both sides, I think,

the respondents are bound to take a decision

about the claim of the petitioner. The

petitioner already submitted, Ext.P2 before

the respondents. Respondents should give an

opportunity of hearing to the petitioner and

also consider the contentions raised by the

petitioner and thereafter, pass appropriate

orders in it.

Therefore, this writ petition is disposed

in the following manner:-

1) The appropriate authority of the

respondents will consider the claim of the

petitioner raised in Ext.P2 and pass WP(C) NO. 18275 OF 2014

appropriate orders in it, as expeditiously as

possible, at any rate, within one month from

the date of receipt of a copy of this

judgment.

2) Before passing final order, the

appropriate authority should give an

opportunity of hearing to the petitioner.

3) The appropriate Authority of the

respondents are free to hear the petitioner

either virtually or physically.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

AJM WP(C) NO. 18275 OF 2014

APPENDIX OF WP(C) 18275/2014

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER OF INTENT ISSUED BY THE RESPONDENT BHARAT PETROLEUM CORPORATION DT. 01.12.09.

EXHIBIT P2 TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(a) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(b) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(c) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(d) -TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(e) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(f) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(g) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(h) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(i) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(j) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(k) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(1) TRUE COPY OF THE DETAILS REGARDING THE EXCESS WP(C) NO. 18275 OF 2014

PAYMENT IN A TABULAR FORM.

EXHIBIT P2(m) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(n) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(o) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(p) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(q) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(r) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(s) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(t) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(u) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P2(v) TRUE COPY OF THE DETAILS REGARDING THE EXCESS PAYMENT IN A TABULAR FORM.

EXHIBIT P3 TRUE COPY OF THE NOTICE DT. 09.6.14

EXHIBIT P3(a) TRUE COPY OF THE POSTAL RECEIPT

EXHIBIT P4 A PHOTOSTAT COPY OF THE LETTER DATED 27.7.2013 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS

EXHIBIT P5 A PHOTOSTAT COPY OF THE LETTERS DATED 28.8.2013 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS

EXHIBIT P6 A PHOTOSTAT COPY OF THE REPORT OF THE SENIOR LEVEL INSPECTION OF RETAIL QUTLET DATED 18.11.2010 WITH REGARD TO M/S MARIAM FUELS. WP(C) NO. 18275 OF 2014

EXHIBIT R1(a) A TRUE COPY OF THE AGREEMENT DATED 29.09.2010 EXECUTED BETWEEN THE PETITIONER AND BPCL.

EXHIBIT R1(b) A TRUE COPY OF THE AMENDMENT TO DPSL 'A' AGREEMENT DATED 01.10.2020.

     AJM                        //TRUE COPY//