Can a fuel company refuse to deliver heating fuel in the heart of winter?
Question Details:
I live in a small town with only 2 propane companies. We rent a tank from one of the companies which is now refusing to deliver to us based on being too busy and it taking more time to deliver to our house. The other fuel company has a policy that they do not fill other companies fuel tanks. We are caught in a Catch 22 here. How are we to keep our house from freezing and keeping our kids fed? We have mostly propane appliances, cook stove, hot water heater, heating units.
These are private companies? If they are, then you can enforce an existing contract or agreement with one--for example, if the tank rental agreement provides the company "will" or "shall" fill the tank when empty or on a certain date as long as you're current on your obligations. If they won't do this voluntarily, you could sue them if necessary for what's called "injunctive relief"--a court order they do what they have agreed to.
However, all you can do with private companies is enforce any existing obligations or contracts. You can't otherwise force someone to do business with you. For example, you cannot make the 2nd company will the first companies tank.
Other options: rent a tank from #2 to get the propane. If you have an agreement with company # 1 that the company breaches, sue them later for monetary compensation.
Or contact some charitable or government agency that deals with heating emergencies annd see if they can help you.
