DOMESTIC CONSUMER AGREEMENT FOR PNG CONNECTION BY TNGCL

TERMS AND CONDITIONS FOR PIPED NATURAL GAS (PNG) SUPPLY TO THE DOMESTIC CONSUMERS

The following terms and conditions will apply and govern the provision of PNG connection and the supply of Piped Natural Gas (PNG) to the Domestic consumers by Tripura Natural Gas Company Limited.

1.0 DEFINITIONS:

“Application” means duly filled in form submitted to TNGCL by the Consumer / Customer along with Application charges for Piped Natural Gas (PNG) connection.

“Applicant” means a person or individual including Juristic or Legal person, who submits duly signed and filled in Application for PNG connection.

“Consumer” means an applicant who has submitted an application completed in all respects (including Application charges) for supply of PNG for domestic/ house hold use or an existing PNG user, who is using PNG for domestic/household purpose.

“Gas” or “PNG” means natural gas transported through pipelines in a CGD Network for consumption by any consumer in domestic, commercial or industrial segments.

“TNGCL” or “SELLER” means Tripura Natural Gas Company Limited.

“Premises” means the premises/tenement /house/flat/ owned or occupied by the Consumer wherein the PNG is supplied by the SELLER.

“Application Charges” means non refundable amount collected from the Consumer / Customer along with the Application for PNG connection towards marketing activities prior to providing PNG supply.

“Security Deposit” shall mean interest free refundable amount collected from the Consumer / Customer at the time of providing PNG connection towards the safe keeping of the equipments installed at the premises of the Consumer/ Customer.

“Consumption Deposit” shall mean interest free refundable deposit collected from the Consumer / Customer towards securing prompt and regular payment of Gas consumption charges from time to time.

Words importing the masculine gender shall, where the context so admits, include the feminine gender and masculine gender.

Words importing the singular number shall where the context so admits, include the plural number.

2.0 PNG CONNECTION AND SUPPLY:

2.1 The Gas will be made available to the Consumer’s premises by TNGCL subject to technical and safety feasibility. TNGCL reserves the right to withdraw or disconnect the supply of Gas at any time in the event of any emergency without notice.

2.2 The submission of the Application along with requisite Application charges to the SELLER shall be construed as full understanding of the terms and conditions and its implications by the Consumer and it shall be treated as a binding contract between the SELLER and the Consumer.

2.3 Application charges shall be collected at the time of submission of Application form by the Consumer and shall be non refundable save and except in the event of non provision of PNG connection by TNGCL on account of technical non feasibility or non provision of PNG connection for any reason directly attributable to TNGCL.

2.4 Consumption Deposit shall be collected from the Consumer at the time of providing PNG connection or subsequently along with the monthly gas consumption bills as single payment / in installments as may be decided by TNGCL.

3.0 USE OF GAS:

3.1 The Consumer shall:

(i) Use the Gas specifically for permitted domestic or household purpose only at the Premises and not for any other purposes.

(ii) Make necessary application along with requisite charges and obtain specific prior written permission of the SELLER for change in use of the Gas at the Premises by installing equipments such as geysers.

(iii) Not re-supply the Gas to any other Premises or permit any other Consumer to use the Gas without prior written consent of the SELLER.

4.0 PROCEDURES FOR GAS CONNECTION:

4.1 On receipt of Application, the SELLER will carry out a technical and safety survey of the Premises.

4.2 On completion of technical and safety survey at the Premises, the SELLER shall determine the location and manner of laying the pipeline and installation of the meter and other equipments for receiving the Gas.

4.3 On receipt of Security Deposit from the Consumer, SELLER shall install the meter and other equipments at the Consumers Premises for supplying Gas to the Consumer.

4.4 The installation activity as above may be carried out by the SELLER himself or through its authorized representative as per the technical specifications and safety standards in the relevant regulations for technical specifications and safety standards.

4.5 The SELLER shall carry out necessary tests as may be required prior to commencement of Gas supply.

4.6 The SELLER reserves its right to supply Gas to other Consumers through the same pipelines, at any time, up to the meter outlet/isolation valve without affecting the Consumer’s Gas supply.

5.0 CHARGES:

5.1 Consumer hereby confirms of having been fully explained by TNGCL regarding the tariff/ charges payable by him to TNGCL for consumption of Gas, cost of material and labour charges for pipe and tubing, required to be paid by him in the event of excess utilization of the same over and above standard connection. Consumer further undertakes to pay necessary charges as stated above or any other charges and cost, if applicable. Consumer also agrees to pay separately for any after sales service availed by him as per the prevailing rate.

5.2 TNGCL will fix the price of GAS as per directives of Ministry of Petroleum & Natural Gas, Govt. of India from time to time and consumer agrees to pay the amount as fixed by TNGCL per directives of Ministry of Petroleum & Natural Gas, Govt. of India from time to time.

5.3 Consumer shall be required to quote the Consumer Registration Number as provided by TNGCL in all the correspondence with the SELLER.

5.4 The SELLER shall endeavour to provide Gas connection at the earliest convenience date from the receipt of Application; however, Seller shall not be responsible for any delay in providing Gas connection for the reason and circumstances beyond their control or for the reasons not directly attributable to the SELLER.

5.5 All cesses, taxes, duties, assessments and any other levies imposed or to be imposed in future by any Government, Statutory and/or local bodies in relation to the supply of Gas shall be passed on to and paid by the Consumer.

6.0 BILLING AND PAYMENT:

6.1 All Charges payable under these Terms and Condition shall be paid to TNGCL by way of Account Payee Cheque/DD/PO/ Challan Issued by TNGCL drawn in favour of “Tripura Natural Gas Company Limited” only. No cash payment shall be accepted unless specified by SELLER. TNGCL shall not be responsible for any payment made otherwise than by way of above mentioned negotiable instruments drawn in its favour and such payment shall not give a valid discharge to the Consumer. The Consumer shall ensure that payment is made to the authorized representative of TNGCL/ Approved Banks. However, TNGCL shall not be responsible for any payment made to any unauthorized person.

6.2 The quantity of Gas supplied to the Consumer shall be measured through a meter installed and maintained by TNGCL. In the event of failure of the meter to record correct consumption, the quantity shall be determined on the average consumption and in the light of the burner installed by the Consumer. The decision of the TNGCL for the quantity of Gas supplied at the premises shall be final and binding upon the Consumer.

6.3 TNGCL reserves the right to levy a minimum charge per month or part thereof towards, inter-alia, recovery of administrative costs (that is to say, the Consumer will be required to pay a minimum charge per month or the charges for the Gas actually consumed, whichever is higher). The minimum charges payable are subject to revision by TNGCL from time to time.

6.4 Presently, TNGCL raises the bills on actual meter reading basis as well as assessed basis, once in every month. Thus meter reading is attempted once in every month and accordingly bills are raised. The period of the first bill may vary depending upon the date of the Gas supply and the classification of the Consumer in a particular cycle. Assessments of the bills are carried out based on the average consumption of the Consumer where history exists or based on the average consumption determined by the SELLER. The Consumer shall make regular payment of all the Gas bills including Assessed bills on or before the due dates prescribed in the bill.

6.5 The SELLER reserves its right to vary the period/frequency and manner of billing from time to time without any prior notice to the Consumer. Every bill shall be paid in full on or before its due date as mentioned on the bill by the Consumer failing which TNGCL shall have the right to disconnect the Gas supply of such Consumer.

6.6 Without prejudice to other rights of the SELLER, the Consumer shall also be liable to pay the delayed payment charges.

6.7 In case of dishonour of any cheques for any charges payable to TNGCL, the Consumer shall, without prejudice to the other rights of TNGCL here under or in law, are liable to pay to TNGCL such charges or as may be specified by TNGCL from time to time.

6.8 In the event of disconnection or stoppage of Gas supply by the SELLER to the Consumer on account of default in payment or for any other breach of terms and conditions, re-connection of Gas supply shall be provided, only on submitting fresh application to TNGCL in accordance with Clause 12.0.

6.9 In the event of non availability of meter reading of the Consumer during the meter reader’s visit due to locked doors of Consumers premises or for any other reason, TNGCL may issue an assessed bill as stated above. In such cases, the Consumer shall be liable to make the payment of assessed bills within the due dates and any adjustments thereto with regard to actual meter reading will be carried out in the subsequent bills.

6.10 Consumer is bound to make payment of Gas bill in full on or before the due date even in the cases where the Consumer has lodged any complaint or raised any dispute with respect to Gas supply or otherwise. In case of any dispute or any discrepancy with respect to consumption /amount of bill, the Consumer is required to lodge his complaint within 14 days of making the payment and on receipt of complaint, TNGCL will look into the issue and if found correct, will make necessary adjustments in the subsequent bills.

In no event, Consumer shall withhold bills raised on him/her. TNGCL will have the right of disconnection of Gas supply for failure to comply with provisions of this clause by the Consumer.

6.11 If the due date for making payment of any charges or bill is falling either on Sunday or any holiday, then the same shall be considered to be due on the next day of the holiday.

6.12 Consumer agrees to collect the bills from TNGCL’s Office in person by showing previous record of payment, in case the current bill is not received in time. No payment should be put on hold due to non receipt of bills. It remains a duty of the consumer to collect their bills in case bill(s) are not received in time.

7.0 ACKNOWLEDGEMENT / RECEIPT:

Due acknowledgement / receipt of all payments made by the Consumer-are provided by TNGCL or its authorized representatives. The Consumers are required to ensure to obtain necessary acknowledgement / receipt in respect of each payment made in favour of TNGCL.

8.0 OBLIGATIONS OF THE CUSTOMER:

8.1 The Customer shall, prior to the commencement of Gas supply, at his own cost, be responsible for obtaining all necessary consents, approvals and permits other than statutory authorities, as may be required, to obtain Gas connection. The Customer shall at his own cost, also be responsible for obtaining all easements or rights of way through any private property of any other person for laying of pipeline for supply of Gas.

8.2 The Customer shall permit the SELLER/ its authorized representative access to the Premises for the purpose of laying pipelines and making installation and also to alter or replace any pipeline, installation or equipment if the SELLER in its discretion determines the same to be necessary or expedient.

8.3 The Customer shall obtain no-objection certificate from the housing society and/or the landlord (in case of leased premises) and provide to TNGCL for Gas supply at the Premises. If any dispute arises between the Consumer and the landlord/society, the SELLER reserves its right to discontinue the Gas supply forthwith.

8.4 The Consumer shall take all adequate precautions and adopt all safety measures to safeguard pipeline, meter and other equipments installed by TNGCL at the Consumer's Premises for supply of Gas. Incase, Consumer carries any unauthorized repair, alteration, modification directly or indirectly in the pipeline, meter, equipments installed for the purpose of Gas supply, the same shall be deemed to be breach of the contractual terms contained herein and in such cases TNGCL shall have full right to forfeit the Security Deposit and disconnect the Gas supply to the Consumer. Further, incase of any accident/ incident, on account of unauthorized repair, modification, alteration directly or indirectly to the pipeline, Meter equipments, the Consumer shall be solely responsible for any loss or damage that may be caused to the property or human life. TNGCL shall not be responsible for any direct or indirect loss caused on account of any such illegal act by the Consumer.

8.5 Consumer shall notify TNGCL incase of non receipt of
(i) First Gas bill within the period of two months from the date of Gas supply;
(ii) Periodic Gas bills within 10 days from the expiry of two months period of receipt of the previous bill.
In case of non receipt of the Gas bill, the Consumer shall obtain duplicate copy of the Gas bill and make the payment of the same within the due date.

8.6 On noticing any burn or damage to the meter or malfunctioning of the meter or damage to any of the equipment in the premises, the Consumer shall intimate the same to the SELLER and SELLER shall replace or rectify the same at the earliest available opportunity.

8.7 Consumer shall be responsible for any civil work required for the safety of pipelines, piping or other facilities and equipments installed by TNGCL within customer’s premises.

9.0 PROPERTY/OWNERSHIP:

9.1 The pipes, equipment and other installations provided for the purpose of supplying Gas up to and including Suraksha hose pipe connecting the burner shall be and remain the property of the SELLER and the Consumer shall not have or claim any right, title or interest therein.

9.2 The Consumer shall permit the authorized representative of TNGCL to enter upon the Premises for the purpose of meter reading, inspection and maintenance checkups. The Consumer shall verify the identification of such authorized representatives prior to permitting such persons access upon the Premises. The SELLER shall not be liable /responsible for the entry by any unidentified person or any imposter or person claiming to represent or act on behalf of TNGCL.

9.3 The Consumer shall not tamper or interfere nor permit any tampering or interference with the pipes, equipment and other installations provided for the purpose of supplying Gas. TNGCL shall, without prejudice to its other rights, be entitled to disconnect the PNG connection without giving any prior notice and shall be entitled to recover suitable compensation for any damage caused to the equipments by the Consumer apart from forfeiting the Security Deposit.

9.4 The Consumer shall not adjust, clean, repair, replace or otherwise handle any of the pipes, installations and other equipments. The Consumer shall immediately intimate to the SELLER, if any damage or breakage of the pipes, installation, and equipments is noticed at the Consumer’s Premises.

9.5 Missing/ Pilferage/ Theft of installations including Gas Meter, PRV, Valves, Pipes etc.

The consumer undertakes to pay the entire amount of the instrument/ apparatus in case of missing/ pilferage/ theft of any installation material inside his/her premises. Re-Installation of instruments / apparatus will only take place once consumers clears the payment of stolen material(s).

10.0 WARRANTY OF SELLER:

10.1 The SELLER shall endeavour and take all reasonable steps to provide the Consumer with consistent and regular supply of Gas.

11.0 TERMINATION

11.1 Without prejudice to other rights of the SELLER in law or otherwise, the SELLER may at any time and with prior notice terminate/ the Gas supply of the Consumer if:

(i) Consumer fails to pay the SELLER any sum due to the SELLER under these Terms and Conditions and/or otherwise within 30 days from the due date for payment thereof; or

(ii) The consumer fails to comply with any of its obligations and/or commits any breach of the covenants or conditions on his part to be observed, performed or fulfilled; or

(iii) The Consumer dies and the successors and assigns do not submit to the SELLER the necessary documents within such reasonable time as required by the SELLER from the happening of such an event or becomes insane or insolvent; or

(iv) The particulars as furnished by the Consumer in the Application are found to be false or incorrect; or

(v) The Gas is not consumed by the Consumer, without permission of TNGCL, for a continuous period of 26 weeks.

11.2 The Consumer shall in case of any intended non-usage of Gas for a continuous period of 26 weeks intimate TNGCL and TNGCL may, if the reasons are bonafide, permit, at its discretion, such non-usage. In such case, the Consumer shall continue to be liable to pay the minimum charges and as stated in Clause 6.3 above. The Consumer may, by written notice of 3 months to the SELLER, request termination of the Gas supply. In such case, no charges paid by the Consumer to the SELLER shall be refunded.

11.3 In the event of termination of the Gas supply, without prejudice to the other rights of the SELLER, the Consumer shall be liable to pay all amounts due and payable by the Consumer to the SELLER up to the date of termination of Gas supply and costs due.

12.0 RECONNECTION:

12.1 After termination/stoppage of the Gas supply, if the Consumer applies for reconnection of the Gas supply, all reconnection/re-commissioning contribution (as determined by the SELLER) shall be borne and paid by the Consumer.

12.2 Reconnection of Gas supply will be at sole discretion of the SELLER and if the SELLER refuses to provide reconnection to the Consumer, the same shall be conveyed to the Consumer with reasons for refusal of reconnection.

13.0 SHIFTING OF RESIDENCE:

13.1 If a registered Consumer desires to shift from the present place of residence having a PNG connection to a new place of residence, he will be entitled to apply for a new PNG connection at the new place of residence. TNGCL will, subject to the acceptance of the terms and conditions by the consumer, provide PNG connection on the terms as may be applicable for the consumer provided the said new place of residence falls in an area or building where PNG is already available, subject to condition that the Customer shall not remove, shift, dismantle, modify, alter the meter and/or any other pipeline installations including copper piping etc, without prior written approval of TNGCL, at the old place of residence.

14.0 TRANSFER OF THE CONNECTION:

14.1 TNGCL may permit transfer of the PNG connection from one name to another name in the event of sale /purchase of the Property, demise of the registered Consumer, etc. The transfer is permitted subject to the payment by the Consumer to TNGCL of administrative charges, as may be applicable, from time to time. In case of transfer of PNG connection to the legal heir of the Consumer upon the demise of the Consumer, no administrative charges are applicable as at present. The transfer of PNG connection from one name to another name is subject to the submission of necessary documents, as may be required by TNGCL and will be effective only upon full satisfaction of TNGCL.

15.0 LIABILITY/INDEMNITY:

15.1 The Consumer shall not use the Gas for any illegal or unlawful activity or purpose. In case of any offence under or violation of any law, statute or regulation by the Consumer, the Consumer alone shall be responsible and liable for the said offence or violation and the Consumer agrees to indemnify and keep indemnified the SELLER from and against any loss, claim, action or proceeding that may be suffered or incurred by the SELLER as a result of any such offence or violation by the Consumer.

15.2 The Consumer shall ensure that the Gas provided by TNGCL is exclusively used for domestic purpose. If at any time after the connection, it is found that Gas is being used for purposes other than domestic purposes (to the satisfaction of the SELLER), the Consumer shall be liable to pay all the bills with an additional penal rate as specified by TNGCL, with retrospective effect from date of connection and the Gas supply to such Consumer shall be disconnected with immediate effect.

15.3 The Consumer shall be liable for payment of any loss or damage caused to pipes, equipment or installations whether caused on account of negligence by the Consumer or its employees or agents, theft, sabotage or otherwise, howsoever.

15.4 The Consumer shall indemnify and keep TNGCL indemnified from and against any action, claim, proceeding, loss or damage that may be suffered or incurred by TNGCL on account of any dispute with the Landlord/Society or the Consumer failing to obtain the permission of the Landlord/Society or any statutory authority for laying of pipelines, equipment and other installations for the Gas supply and in case of any event as aforesaid, the Consumer shall pay to TNGCL all costs for removal of the pipelines, equipment and other installations for the Gas supply.

15.5 The Consumer shall be deemed to be in exclusive possession and control of the Gas once Gas passes the meter outlet, and there upon the Consumer shall be liable for any leakage or for any damage caused to any person or property as a result thereof. Accordingly, the Consumer shall protect and indemnify and keep save harmless and defended the SELLER against 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 SELLER may incur or suffer as incidental to or in connection with the supply of Gas after the Gas passes the meter outlet.

15.6 The indemnity provisions will be enforceable notwithstanding termination of Gas supply.

16.0 DISCLAIMER:

The SELLER shall not be liable for any loss, damage, costs, charges or expenses whatsoever that may be caused to or occasioned by the Consumer or any other person on account of failure to perform or for delay in performing any provisions of this Agreement if the same is caused or results due to acts of god, war, revolt, riot, fire, tempest, flood, earthquake, lightning, direct or indirect consequences of god (declared/undeclared) sabotage, hostilities, national emergencies, civil disturbances, commotion, embargo or any other law promulgation, regulation or ordinance whether Central or State or Municipal, breakage bursting or freezing of pipeline or occurrence of any event beyond the control of the SELLER and that the SELLER shall not be responsible and/or liable for any losses direct or consequential caused to the Consumer if the same is caused due to the-reasons stated herein above.

17.0 AMENDMENT:

17.1 The SELLER reserves its right to amend, add or delete all or any of these terms and conditions at any time and such amended Terms and Conditions shall be binding on the Consumer with immediate effect.

17.2 TNGCL shall be at liberty to vary, alter, modify and/or revise any charges, from time to time and in such event revised charges shall be applicable and binding upon the consumer irrespective of the registration of the consumer prior to the revised charges and terms and conditions thereof.

18.0 TERMS BINDING ON SUCCESSORS:

These terms and conditions shall be binding on the legal heirs, successors, administrator, Transferees and assigns of the Consumer.

19.0 ILLEGAL TAPPING OF LINE

Upon identification of any illegal tapping OR Tempering of Meter, the line will be instantly disconnected and a penalty of minimum Rs. 10000/- is to be paid for restoration of the Gas Supply. In this regards the decision of TNGCL final and unquestionable. Any representative / team authorised by TNGCL will have the right to access in the premises/household/kitchen to inspect the network without any prior notice/permission of the owner/resident/consumer of premises/household/kitchen.

20.0 Safe Custody of Existing LPG Connection

On having the PNG Connection provided by TNGCL, the LPG connection (if any) has to be surrendered to the concerned agency of IOCL/BPCL/HPCL within 60 days from the date commissioning of PNG connection. Consumers have to sign a declaration form in this regard as per the performa given at Annexure I.

21.0 NOTICE:

Any notice to the Consumer will be sent to the address of the Consumer stated in his Application.

22.0 JURISDICTION:

All disputes arising out of these Terms and Conditions or supply of Gas, shall be subject to exclusive jurisdiction of Competent Courts at Agartala alone.

23.0 UNRESTRICTED ACCESS TO THE PREMISE

Authorised personnel from TNGCL will have unrestricted right to check installed meters at consumer premise. Consumer must cooperate with Authorised personnel of TNGCL to enable him to physically verify the meter installed and in no case may restrict the Authorised personnel of TNGCL from entering the premise where meter is installed. Failure to comply with this will be deemed as breach of agreement and PNG connection will automatically be disconnected without any prior notice for three repeated instances of such act of non cooperation.

24. ILEEGAL TAPPING AND FINE/PENALTY

On account of illegal tapping / withdrawing authorized gas through T-Joint or any other means and taking multiple connections instead of the authorised one will attract a penalty of Rs.10,000/ (Ten Thousand) and TNGCL may disconnect the line permanently. Severity of safety breach may attract legal action amounting to fines / imprisonment as per the law.