Information about BPCL Petro Cards - CIC: U/s 19(8)(a)(iii), BPCL adviced to publish relevant information regarding upgradation of the IT platform from New Loyalty Program to Advanced Loyalty program on their website to ensure wider dissemination of info
19 Jul, 2024
Information sought and background of the case:
The Appellant filed an RTI application dated 15.08.2022 seeking information on seven points, including the following:-
“1. Inform the circumstances under which BPCL officials were forced to take decision to stop the use of BPCL Petro Cards for payments against Petrol refills at BPCL Petrol Pumps.
2. Provide the complete copy (i.e. every page) of the order/ notification/ note sheet / Circular etc. through which the decision of use of stoppage of Petro Cards were taken by BPCL or its officials.
3. Piz, refer to answer a) of your RTI reply letter BPCLD/R/E/22/00596 dtd. 08.08.2022 and provide a certified and attested printed hard copy of the ACTUAL MAILED WEBPAGE and SMS sent to registered Mobile Number clearly bearing mailing date/ SMS date, time, mail Ids/ mbl. No. etc. etc. which were sent to the mail Id/Mbl. No. of my wife Mrs. Mridulata Agrawal as informed in the reply. If BPCL is unable to provide the requested hard copy, it shall be presumed that BPCL provided wrong and misleading information deliberately.
4. Plz, refer to answer d) of your RTI reply letter BPCLD/R/E/22/00596 dtd. 08.08.2022 and provide a certified and attested printed hard copy of the MAILED WEBPAGE and SMS which was sent to the mail Id/ mobile number of my wife Mrs. Mridulata Agrawal as informed in the reply. Pl. note, no such mail and SMS have been received in the Inbox, spam folder/ message box/appln. of the mail Id/mobile number registered with BPCL. If BPCL is unable to provide the requested hard copy, it shall be presumed that BPCL provided wrong and misleading information deliberately.
5. Plz, provide an attested and certified copy of BPCLs entire old and new policy on Petro Card, NLP and ALP software and machines along with the signatures and designations of the authority(ies)/committee(s) etc. etc. as answered in point e) of your RTI reply letter BPCLD/R/E/22/00596 dtd. 08.08.2022. Etc.”
The CPIO vide letter dated 09.09.2022 replied as under:-
“1. BPC has upgraded the IT platform from old NLP to new ALP (Advanced Loyalty Program) all over India. The old Petro cards which were magnetic strip based were not supported by new IT platform (ALP) and thus use of Petro cards was stopped.
2. It is BPC internal policy matter. It is denied as it serves no public purpose.
3. Proof of sms delivery is attached.
4. Reply same as of question no. 3.
5. It is BPC internal policy matter. It is denied as it serves no public purpose. However, the terms and conditions of the Petrobonus program are available at www.petrobonus.com
6. The plastic cards has not yet been dispatched since new IT platform (ALP) faced initial technical issues. The cards will be dispatched soon. You will be informed of the dispatch. For any info you may also contact our sales office Mr. Vaibhav Lakhe at his mobile number (782******2).
7. It is already informed to you by Sales office Mr. Vaibhav Lakhe that you can use your balance through Hello BPCL mobile application by scanning QR code at the Retail Outlet or through OTP method. If you need any further assistance you may please contact our sales officer Mr. Vaibhav Lakhe at his mobile number (782******2).”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.11.2022. The FAA vide order dated 09.12.2022 held as under:
Reply:- In 1st point of your RTI, you sought information of circumstances under which BPCL officials decided to stop use of Petro Cards. CPIO (Retail), Chhattisgarh in his reply informed you that BPC upgraded the IT platform from Old Loyalty Program to New Loyalty Program. The old Petrocards, which were magnetic strip based were not supported by new IT platform and thus use of old Petro Card was stopped.
In 2nd point of your RTI, you requested copy of order/notification/note sheet / circular through which the decision to use stoppage of Petro cards was taken by BPCL. CPIO (Retail), Chhattisgarh noted that the information served no public purpose and denied providing same.
In 3rd and 4th point of RTI, you sought copy of SMS delivery sent to mail ID / mobile number of your wife Ms. Mridulata Agrawal. CPIO (Retail), Chhattisgarh provided proof of SMS delivery. In 5th point of RTI, you sought attested and certified copy of BPCL's old and new Policy on Petro Card. CPIO (Retail), Chhattisgarh noted that the information served no public purpose and denied providing same.
In 6th point of RTI, you sought information of dispatch of new card to your wife Ms. Mridulata Agrawal. CPIO (Retail), Chhattisgarh in his reply noted that plastic cards have not been dispatched due to technical issues and provided you contact number for further assistance.
In 7th point of RTI, you sought attested and certified copy of document defining timeline for priority matters. CPIO (Retail), Chhattisgarh in his reply noted that you can use your Petro Card balance through Hello BPCL mobile application and provided you contact details for further assistance.
I note that CPIO (Retail), Chhattisgarh has provided information sought by you under points 1, 3, 4 and 7 and calls for no intervention. He has denied information for point no. 2 and 5 without citing the reason for denial. By copy of order, I am advising CPIO (Retail), Chhattisgarh to re- examine and give a revised reply as deemed fit. With regard to point no. 6, I am advising CPIO (Retail), Chhattisgarh to provide you with updated status of Petrocard dispatch.”
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 20.03.2024 has been received from CPIO reiterating the aforementioned replies and adding the following facts:
Brief Background
BPCL upgraded the IT platform from NLP (New Loyalty Program) to ALP (Advanced Loyalty program). The old petro cards were magnetic strip based and as such were not supported by the new IT platform (ALP) leading to stoppage of petro cards by BPCL. BPCL launched Hello BPCL mobile app and migrated all petro card accounts to Hello BPCL app in which the loyalty points earned by customers were transferred without causing financial loss to customers. This was communicated to all the customers through SMS on their respective mobile nos. It was communicated to the applicant that the terms and conditions of Petro bonus program are available at www.petrobonus.com. Our local Sales officer had contacted the applicant to provide information and assist in logging in Hello BPCL app to get all the transaction history, balance amount and redemption points' history.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference
Respondent: Shri Anil Agrawal – CPIO/DGM(Retail) was heard through video conference. Both parties are present during the hearing and reiterated their respective contentions as noted hereinabove.
Decision:
Upon perusal of records of the case and hearing averments of the parties present for hearing, it is evident that the information held in official records has been duly disseminated by the Respondent to the Appellant, in terms of the provisions of the RTI Act. However, the written submission dated 20.03.2024 filed by the Respondent before the Commission containing comprehensive and self explanatory information has not been sent to the Appellant. Hence, the Commission hereby directs the PIO to send a copy of the written submission dated 20.03.2024 with all the annexures, to the Appellant, within two weeks of receipt of this order. The Respondent shall also submit a compliance report in this regard before the Commission, within one week thereafter.
In the light of the facts of the case at hand, the Commission invokes provisions of the Section 19(8)(a)(iii) of the RTI Act and advises the Respondent to publish relevant information with respect to upgradation of the BPCL IT platform from NLP (New Loyalty Program) to ALP (Advanced Loyalty program) on their website to ensure wider dissemination of information and enhancing operational transparency.
In the given circumstances, no further intervention is deemed necessary in this case, under the RTI Act. The appeal is disposed off with the above directions.
Heeralal Samariya
Chief Information Commissioner
Citation: Shri Mukesh Kumar Agrawal v. Bharat Petroleum Corporation Limited, CIC/BPCLD/A/2023/612811; Date of Decision : 28.03.2024