"Application" means duly filled Application Form Cum Receipt submitted by Consumer along with the applicable charges for taking PNG connection. "Consumer" means the person/ entity who is taking PNG connection in his name. "HPO" means HOGPL. "HPO Assets" means pipelines, meter, regulator, installations and other equipment's installed for supply of PNG. "Premises" means the house / flat owned / occupied by Consumer where PNG is supplied / is sought. "PNG Rate Card" means schedule of charges for different items/ services payable by Consumer as mentioned on the HPO Website: www.hpoilgas.in "Security Deposit" shall mean interest free refundable amount collected from Consumer along with the Application Form Cum Receipt.
PNG CONNECTION AND SUPPLY:
PNG will be made available in the Premises, in accordance with the technical and safety standards as specified by HPO, and subject to the availability of all requisite permissions.
HPO shall endeavour to provide PNG connection at the earliest date from the receipt of Application. However, HPO shall not be responsible for any delay in providing PNG connection for the reasons and circumstances beyond HPO's control.
HPO reserves the right to stop or disconnect the supply of PNG at any time in the event of any emergency or/ technical snag without any notice.
3.0 USE OF PNG:
3.1 Consumer shall:
(I) use PNG specifically for permitted domestic (cooking) purpose, only at the Premises and not for any other purposes.
obtain specific prior written permission of HPO for any change in use of PNG at the Premises.
install any equipment's like geysers etc. only through HPO authorized representative.
CHARGES:
HPO at its discretion may revise/ modify the applicable charges as mentioned in PNG Rate Card available at the Website (www.mahanagargas.com) which shall be binding on the Consumer.
BILLING AND PAYMENT:
Every bill shall be paid by Consumer in full on or before its due date mentioned on the bill. In the event of delay in making payment of any amount due to HPO, the Delay Payment Charges (DPCs) along with interest shall be levied in the bill.
If the Consumer is making the payment of bill via cheque or DD, Consumer shall make the payment atleast three days before the due date to avoid levy of any delayed payment charges.
In case of non-availability of actual meter reading, HPO will raise bills on past average consumption. The amount paid by the Consumer against such bills shall be adjusted in the bills raised on actual meter readings as and when such readings are taken.
If meter is inaccessible on three consecutive billing cycles a seven days' notice shall be served on Consumer to keep the Premises available for meter reading on the date and time indicated in the notice. In case Consumer fails to comply with the notice, HPO reserves the right to disconnect the PNG supply of the Consumer.
In case of any dispute or any discrepancy with respect to consumption /amount of bill, Consumer is required to lodge his complaint within 14 days of making the payment and on receipt of such complaint, HPO will look into the issue and if found correct, will make necessary adjustments in the subsequent bills.
Consumer shall ensure to make the payment of bill in the mode and manner as mentioned in the bill,-HPO shall not be responsible for any payment made by the Consumer in any other mode or manner other than what is mentioned in the bill.
If gas consumption goes over and above the security deposit (gas consumption) then the same shall be revised periodically and will be mentioned in subsequent bills.
HPO shall not be responsible for any payments made by the Consumer to any other agency/ person other than the one authorised by HPO.
OBLIGATIONS OF CONSUMER:
Consumer shall permit HPO/ its authorized representative access to the Premises for providing PNG connection, meter reading, inspection, maintenance checkups, alteration or replacement of any HPO Assets (if deemed necessary or expedient by HPO) and disconnection.
Consumer shall take all adequate precautions and adopt all safety measures to safeguard HPO Assets installed by HPO at Consumer's Premises for supply of PNG. Consumer shall not adjust, clean, repair, replace or otherwise handle any of the HPO Assets. If any damage / breakage I nonfunctioning of the HPOAssets is noticed, Consumer shall immediately intimate to HPO and HPO shall replace or rectify the same at the earliest on chargeable basis, if damage is due to Consumer's negligence.
In case, Consumer carries out any unauthorized repair/ alteration or tamper/permits tempering, directly or indirectly, [Jointly or severally referred to as Illegal Acts] of any HPO Assets for PNG supply, the same shall be deemed to be breach of the contractual terms contained herein and, in such cases, HPO reserves the right to terminate the Agreement and remove its Assets from the Premises & forfeit the security deposit. Further, in case of any accidenU incident, due to Illegal Acts in relation to HPO Assets, Consumer shall be solely responsible for any loss or damages or to the property or human life arising out of such accident. HPO shall not be responsible for any direct or indirect loss caused on account of any such illegal Act by Consumer
Consumer shall notify HPO in case of non-receipt of
(1) first PNG bill within a period of two months from the date of commencement of PNG supply;
(ii) periodic PNG bills within 1O days from the expiry of two months period of receipt of the previous bill. In case of non-receipt of PNG bill, Consumer shall obtain duplicate copy of PNG bill and make the payment of the same within the due date.
Consumer shall inform in writing to HPO before any change of ownership of the Premises and clear all pending arrears/ dues before submitting written request to HPO for refund of security deposit
In case if there is any change in the registered mobile number of Consumer, Consumer shall update the same to HPO on immediate basis.
PROPERTY/OWNERSHIP:
HPO Assets up to and including Suraksha hose pipe connecting the burner shall be and remain the property of HPO and Consumer shall not have or claim, any right, title, interest therein.
TERMINATION
Without prejudice to above & other rights of HPO in law or otherwise, HPO may at any time and with prior notice terminate the PNG supply of Consumer if:
(I) Consumer fails to pay HPO any sum due to HPO under these Terms and Conditions; or
Consumer fails to comply with any of its obligations and/ or commits any breach of the conditions on his part to be observed, performed, or fulfilled; or
The particulars as furnished by Consumer in the Application are found to be false or incorrect.
PNG is not consumed by the Consumer for a continuous period of 26 weeks or more and no minimum charges is also being paid by the Consumer.
Consumer fails to surrender subsidized Liquified Petroleum Gas (LPG) connection obtained from Government Oil Company within sixty days of obtaining PNG connection from the HPO.
In case of termination under clause 8.1 HPOIL shall have the right to remove its HPOIL Assets from the premises of the Consumer and the Consumer here by undertakes not create any obstruction during such removal of assets by HPOIL.
Temporary Disconnection:
In case of any planned non usage of PNG for a continuous period of 26 weeks or more, Consumer shall intimate HPOIL about such non usage. In such cases, HPOIL shall temporarily disconnection of PNG supply. To resume the gas supply, Consumer shall approach HPOIL and upon payment of reconnection charges, the PNG supply shall be resumed.
Permanent Disconnection :
Consumer may, by written notice seek permanent disconnection of his PNG connection and in such case, Consumer shall be liable to pay all dues till the date of permanent disconnection.
RECONNECTION:
In the event of stoppage of PNG supply or temporary disconnection, reconnection shall be done only upon payment of reconnection charges applicable as per PNG Rate Card.
In the event of permanent disconnection {wherein all the HPOIL Assets are removed by HPOIL from the Premises) on account of default on part of Consumer or at the written request of Consumer-, PNG connection shall be provided upon filing of fresh Application.
SHIFTING OF RESIDENCE:
If a Consumer desires to shift from the present place of residence having a PNG connection to a new place of residence, the existing PNG connection will not be transferred to the new place of residence. However, Consumer can apply for fresh connection for the new place of residence.
TRANSFER OF CONNECTION:
HPOIL may permit transfer of PNG connection in the event of sale/purchase of the Property, demise of Consumer etc. subject to submission of necessary documents as required by HPOIL and on payment name transfer charges. The transfer will be effective from the date of written confirmation by HPOIL. In case of transfer of PNG connection to the legal heir of Consumer upon the demise of Consumer, no transfer charges are payable.
Purchaser of a flaU house with pre-existing HPOIL's PNG connection, shall be liable for the payment of past dues if not settled by the seller. HPOIL shall not supply PNG in such cases without settlement of past dues.
LIABILITY/ INDEMNITY:
Consumer shall not use PNG for any illegal or unlawful activity or purpose. In case of any offence I violation of any law, statute or regulation by Consumer, Consumer alone shall be responsible and liable for such offence or violation and Consumer agrees to indemnify and keep indemnified HPOIL from and against any loss, claim, action or proceedings that may be suffered or incurred by the HPOIL as a result of such offence or violation.
Consumer shall ensure that PNG provided by HPOIL is exclusively used for domestic (cooking) purpose. If at any time after the commissioning, it is found that PNG is being used for other than domestic purposes, Consumer shall be liable to pay all the bills with an additional penal rate as specified by HPOIL, with retrospective effect from date of connection.
Consumer shall be liable for payment of any loss or damage caused to the HPOIL Assets whether caused on account of negligence by Consumer or its employees or agents, theft, sabotage or otherwise, howsoever.
Consumer shall indemnify and keep HPOIL indemnified from and against any action, claim, proceeding, loss or damage that may be suffered or incurred by HPOIL on account of any dispute with the Landlord/Society or consumer failing to obtain the permission of the Landlord/Society for providing the PNG supply and in case of any event as aforesaid, Consumer shall pay to HPOIL all costs for removal of the pipelines, equipment and other installation for PNG supply.
Consumer shall deem to be in exclusive possession and control of PNG once PNG passes the meter outlet, and thereupon Consumer shall be liable for any leakage or for any damage caused to any person or property as a result thereof. Accordingly, Consumer shall protect and indemnify and keep save harmless and defended the HPOILagainst all claims, demands actions, suits, proceedings, judgments and all liabilities, costs, expenses, damages or losses which may arise out of or result from or which the HPOIL may incur or suffer as incidental to or in connection with the supply of PNG after PNG passes the meter outlet or during temporary disconnection, if any.
The indemnity provisions will be enforceable notwithstanding termination of PNG supply.
HPOIL shall not be liable for consequential loss {being loss of business, goodwill, opportunity or profit)
FORCE MAJEURE:
HPOIL shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to acts of god, war, revolt, riot, fire, tempest, flood, earthquake, lightning, pandemic, direct or indirect consequences of
{declared/undeclared) sabotage, hostilities, national emergencies, civil disturbances, commotion, embargo or any other change in applicable laws, breakage bursting or freezing of pipeline or occurrence of any event beyond the control of HPOIL.
AMENDMENT:
HPOIL reserves its right to amend, add or delete all or any of these terms and conditions at any time and as and when such amendment is affected, the same shall be uploaded on the web site of HPOIL which shall be binding on the Consumer from the date of its uploading on the website including amendments due to change in law.
NOTICE
All notices, demands or other communications issued by HPOIL shall be sent to Consumer as per the address provided by Consumer on the Application.
JURISDICTION:
All disputes arising out of these Terms and Conditions, shall be subject to exclusive jurisdiction of Competent Courts at Mumbai
CONFIDENTIALITY
Information provided to HPOIL by Consumer shall be used for the purposes enumerated in this terms & conditions and shall be kept confidential unless the same is required to be disclosed {i) for billing or market operation purposes, or {ii) for law enforcement purposes, or {iii) dues if any of Consumer is transferred to debt collection agency; and in such cases the confidentiality obligations shall cease to the extent required under the foregoing circumstances.
