Builders can't sell parking space

Today I am writing about this topic as even after this historic verdict from Mumbai High Court in April 2008,not many people are aware about it and they still pay money for parking to builder while buying the property.

In a major relief to thousands of flat owners, the Bombay High Court has ruled that builders or developers cannot sell open space in housing societies for parking. Disposing a petition filed by a housing society in Borivali against its developer, the HC has categorically made it clear that once the occupation certificate is issued by the relevant authorities and the society is registered, “the building as well as the stilt parking spaces, open spaces and all common amenities become the property of the society”. The builder/developer ceases to have any title on the same, the court stated. Justice BH Marlapalle, in a decision delivered on April 25, 2008 has even rejected the builder’s claim that flat owners in this case had given an undertaking giving up their claim on the open space. The HC order is significant given the number of similar complaints various consumer bodies and courts receive regularly. “It has become a practice now where builders charge flat owners for space which otherwise should have come to them as their right,” observed Mumbai Flat-Owners Association president Mahabaleshwar Morje, that has been fighting for flat-owners’ right.

In this case, the said builder at Borivali had locked open space within the stilt with collapsible gates and wanted to sell it to flat-owners in the building for parking. He had kept this open space under lock and key and prevented residents from using it. “This was totally illegal,” the HC stated. Since the space was covered from three sides, the builder had argued that these are garages and as such he can sell them as separate premises. He had also argued that these ‘garages’ do not form a part of the society’s ‘open space’ which should be made available to the society members.

The HC quoting Development Control Rules dismissed this claim and made it clear that the stilt area, even if it is enclosed, continues to be an open space and since the builder is not paying any separate property tax over it, his claim of it being a garage are not acceptable. “It is not an additional premises / area that he is authorised to sell either to any flat purchaser or to any outsider. It is a part and parcel of the society building and it cannot be a separate premises available for sale,” the court noted. The HC also rejected the builder’s claim that society members have given an undertaking giving up all rights on any open space while purchasing flats.

In a clear term, the Court noted that, “It cannot be presumed that every flat purchaser was in the know of the clauses of the model agreement and its binding nature. The builders tend to encash on this ignorance and seek all sorts of undertakings which are contrary to the provisions DC rules”. The HC in a definitive term has clarified that “any undertaking furnished by the flat purchasers cannot have a binding effect as it would be contrary to the guarantees available to the flat purchasers under the Act”. The HC rightfully noted that “(such undertakings) is an act which is forced upon by the developer and it is commonly known that if the flat purchaser refuses to furnish such an undertaking, he would be informed that the flat is not available for sale”.

The real problem of Mumbai

Yes.I know..half the guys who will read this note are all gung ho about the new Bandra Worli Sea Link in Mumbai.But I beg to differ guys..

I absolutely agree that the sea link is indeed an engineering marvel for the city. but how useful it is for our city? Let’s find out...

Cut to 1994..First time Shiv Sena and BJP alliance came to the power in Maharashtra.They started this frenzy of flyovers all over Mumbai.Result?The travel time between Dahisar to Bandra was cut to mere 20 minutes which was earlier at least (..and even now) one and half hours.

So there were these bright chaps like you and me…. earning decent (?? ) salary...decided to move up within the social status ladder and purchased cars. And not only we were smart but every Jayesh,Hitesh and Ramesh (Names are for representational purpose only) who could afford to own a car purchased a car.Then what?Hmm we started taking cars to office..and by default all our offices were in South Mumbai....So because it was easier to commute,we left train travel and switched to cars and now as because the vehicles on road continued to increase in numbers,state government started adding flyovers...the vicious circle..

There is another big sin committed by Sena-BJP govt then ..the announcement of free homes to people living in illegal slums.That made a huge impact on Mumbai as people from underdeveloped areas in country started coming more and more to this tinsel town..result..more illegal slums..and Mumbai became more and more bad place to live....

Now hold on..do not think I am a supporter of Congress or NCP as I have bashed Shiv Sena and BJP in above paragraphs...Congress and NCP further did the "punya karma " (good work) of continuing legacy of Sena-BJP govt in ensuring that Mumbai further deteriorates....they made illegal slums legal..first up to 1995 and now up to 2000..who knows...tomorrow they will issue a blanket approval for the slums "TO BE CONSTRUCTED" by 2015!!!.

Now coming back to our first point..Bandra Worli sea link...was it really necessary to construct a road bridge over the sea so that the rich fellows from Bandra and Juhu should reach office at Nariman Point in time?At the cost of INR 1600 Crores!!...A simple metro link from Bandra to Nariman Point would have cost the same as there was no land acquisition involved in the project...so rather than giving relief to the rich. they could have made life simpler of thousands of common men in this city with the rail/metro link.Then some of the normal Western Railway trains which now terminate at Bandra/Andheri could have been extended up to Virar so the poor people like me who stay beyond city limits could have also got more services for our sector....

Also if we see the 1994 period I was talking about above, it was much easier for then Maharashtra Government to build the additional metro/railway corridors than the flyovers. But we missed the chance and entered into a dangerous phase where every inch added in the road infrastructure promptly gets occupied by at least 10 new cars!

Hence there is a need for visionary city planners who will understand the real problem of this city and do the good work of strengthening the public transport in Mumbai than adding such huge financial white elephants like sea road links....

That's why I said. the problem is ..we do not know the real problem of Mumbai....

Patient as a consumer and his rights..

FOLLOWING ARE THE RIGHTS OF CONSUMER:
*Right to be protected from hazardous goods and services
*Right to be informed about the quality and performance of goods and services
*Rights to free choice of goods and services
*Right to be heard in decision making process concerning consumer interests
*Right to redressal if consumer rights are infringed
*Right to consumer education

THE PATIENT AS A CONSUMER

Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial . In addition, Unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986.It set aside a writ Petition challenging the same by the Indian medical Association.

WHAT IS MEDICAL NEGLIGENCE?
Medical negligence is defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards as that particular point of time. An aggrieved patient who believes that he is a victim of medical negligence can now approach the Consumer Courts for fair compensation, and expect results in a relatively shorter period of two to three years. The procedure is comparatively simple and inexpensive.

THE PATIENT'S RIGHTS
In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:
1. You have a right to be told all the facts about your illness; to have your medical records explained to you; and to be made aware of risks and side effects, if any, of the treatment prescribed for you do not hesitate to question your doctor about any of these aspects.

2. When you are being given a physical examination, you have a right to be handled with consideration and due regard for your modesty.

3. You have a right to know your doctor's qualifications. If you cannot evaluate them yourself, do not hesitate to ask someone who can.

4. You have a right to complete confidentiality regarding your illness.

5. If you are doubtful about the treatment prescribed and especially an operation suggested, you have a right to get a second opinion from any specialist.

6. You have a right to be told in advance what an operation is for and the possible risks invoved. If this is not possible because of your being unconscious or for some other reasons, your nearest relatives must be told before they consent to the operation.

7. If you are to be discharged or moved to another hospital, you have a right to be informed in advance and to make your own choice of hospital of nursing home, in consultation with the doctor.

8. You have a right to get your case papers upon request.

A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT
1. Make sure you have told all relevant facts to the doctor before deciding any treatment.

2. Unless it is a life threatening emergency, the final decision about the treatment should be taken after proper deliberation and/or second opinion.

3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.

4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.

5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.

6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.

7. After treatment clarify all doubts regarding bills/payments etc before discharge.

8. Involve your family physician in the discussion with the specialist doctor.

9. In case of a deth during the treatment, if you are not satisfied with the cause of death, demand a post mortem examination and get copies of the entire Indoor Case Record. This is the right of every patient/legal heir.

10. It is necessary and correct to discuss with the concerned doctor all the doubts before resorting to any legal action. Many of the complications/delays/mishaps in any medical treatment can be genuine.

11. In case you require expert medical advice regarding the legitimacy of your complaint about medical malpractice or deficiency in service you may approch the Association for Consumer Action on Safety and Health (ACASH) or any similar organisation.

CPA AND MEDICAL NEGLIGENCE
The Consumer protection Act 1986 (CPA) is a unique legislation which provides for speedy and economical redressal in a simple manner. It has been held in a number of cases under CPA that instances of medical negligence are covered by CPA. Given below is a brief of the provisions under CPA. Those unfortunate enough to experience gross malpractice may approach (in writing or in person) the District Consumer Disputes Redressal Forum when the compensation claims amount to less than Rs.5 Lakhs. Claims between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer Dispute Commission. Claims above Rs.20 Lakhs may be placed before the National Consumer Disputes Redressal Commission. The addresses of the above bodies may be obtained from your local consumer organisation. All complaints must be endored by the written opinion of two expert specialists in the medical field.

CHECK IF YOUR COMPLAINT COVERS THE FOLLOWING POINTS
1. Name and Address of the complainant in full.

2. Name and Address of the opposite parties.

3. When and where cause of the complaint arose

4. Particulars of the complaint in detail along with supporting documents as exhibits.

5. Relief prayed. such as replacement/removal of defect or return of price/compensation for expenses incurred & physical/mental torture, if any. While asking for claims the amount should be within reasonable limits and justifiable.

6. The entire set of papers regarding the complaint, along with exhibits, is to be given in 1+3 sets and one set each for every aditional opposite party.

INSTRUCTIONS
1. The relief claimed by you should be in clear word.

2. The complaint can be sent in Marathi,Hindi or English. If the company's office is in another State, it is better to make the complaints in English.

3. The complaint should not be on a post card.

4. Three copies of the complaint, together with all the annexures for the Forum and extra sets for each of the opponents should be filed, together with the above three copies.

5. The complaint can be sent by post.

6. Complaints of a representative nature may be filed by registered Consumer Organisations Like Consumer Guidance Society of India.

Do not pay more than MRP for packaged goods

The purpose of this post is to make you aware about the law relating to maximum retail price (MRP) on packaged goods.I had put in a RTI (Right to Information ) application to Controller of Legal Metrology,Maharashtra State and requested for the information relating to various laws regarding MRP violation cases we face in day to day’s life.

If anyone needs the original application which I made as well as the scanned copy of the reply I have received from Legal Metrology department,please email me on chinmay@gavankars.com.

1.It has been observed by many of us that many small shops in our locality always charge more money for essential things like milk, mineral water than the printed MRP. If you try to argue with them, then they say that extra one rupee or so is for “cooling charges” for milk or water as the case may be.

Friends, this is fraud and a big offence under the weights and measures law. Charging more than MRP on item like packaged drinking water is an offence under rule 23 (2) of the standards of weights and measures (Packaged Commodities )Rules-1977.The maximum punishment for the same is fine which may extend to Rs 2000 per responsible person.

So next time your local kirana shop guy asks you one rupee more for a milk bag than printed MRP,Tell him that in the greed of earning that one rupee extra,he may face punishment of Rs 2000!!!

2.Also one more problem consumers face is in multiplexes,malls and at places like airports.Typically you will find shops in these places selling items like soft drinks,water,biscuits etc at huge premium than printed MRP.Some smart shops paste new MRP sticker on printed price to show that they are selling at MRP only.

This is again an offence.A manufacturer can print different MRP for certain stock to be sold through select channels like airports and if you observe closely,such items are printed with MRP more than normal but with a clear message that “for retail through select channels only”.

To make my point clear,for example:Parle Agro as manufacturer of Bisleri can produce two different batches of mineral water bottles:A and B

• Batch A has say 1000 bottles with printed MRP Rs 15 and are sent to local shops/retail stores
• Batch B has say 1000 bottles with printed MRP of Rs 40 and a message “for retail through select channels only”

Now on airport/multiplex, it is perfectly legal to sell a bottle from above batch B at Rs 40 as the taxes have been paid to government on that Rs 40.However the same shop can not sell a bottle from Batch A at Rs 40 ….He has to sell specific bottles MADE FOR THAT CHANNEL.

So friends,please be alert consumer and do not pay more than MRP.In case you find anyone charging more that MRP,please call immediately office of the controller of legal metrology in Maharashtra on 022-22886666.Your complaint will be taken down and you will receive a complaint number for further reference.It works and I have been doing that till date.I always get a complete follow up from that office and actions have been taken on shop owners.

Common Man's agenda

It happened in 1993, 2006 and now also in 2008...Mumbai was targeted by terrorists .The entire nation is angry and fuming. There are candle light vigils and the rallies everywhere. The country needs answers from the politicians.

There are talks in media and intellectual circles across the country about how as common man we can bring some change in the Indian administration and the government (popularly referred as “the system”).But no one is suggesting what we can do from the comforts of our homes and offices..we need some active agenda for each one of us as all of us may not have time and resources to devote to full time politics or social work.

While lot has been talked about the “anger of the citizens” and “enough is enough”, generally “aam aadmi” (the common man) is confused on what he can do to start this change. He does not have weapons, does not have access to intelligence reports and also he is a peace loving civilian who neither has the ability nor has the willingness to fight active war.

Then what can he do? We will find the answer of this precise question shortly!
I feel that rather than blaming the politicians and making the “shows” of “how we feel”, citizens should create the pressure groups on the systems like administration and politicians. We should create the sense of accountability within the system and show them that we are the bosses and not they. Right to Information (RTI) is such a weapon in hands of common man, which if used effectively, can do wonders. The simple way to ensure the accountability is the extensive use of Right to Information (RTI) Act.

While many people will ask the question as how RTI will help to fight the terrorism, I must request them to go to the root cause of the apathy of the system to fight the terrorism .The root cause is “kya farak padta hai “ and “chalta hai “ attitude of the system .

There are reports that the police reforms were never carried out hence police did not have enough weapons and resources to fight the terror. Have we ever asked government why the budget was not spent on these resources when it was sanctioned long ago? The budget comes from the tax we pay as citizens and I have a right to ask how you are spending “my money”.
Another example of how your simple use of RTI can stop terrorists is to ensure that the terrorists should not get the valid Indian ID cards and government papers. There are reports in media that all terrorists were carrying multiple valid identity cards which they used to procure local sim cards and credit cards.Have we ever asked government how these documents were granted to them? Every small kid in India knows that if he wants a PAN card/Ration Card or driving license, all he needs to do is to grease some palms in government offices. Can we use RTI to find such frauds in these citizen facing departments at least? Can we ask for a copy of register which maintains the records of driving licenses given to persons in your area?Can we demand a list of illegal immigrants living in India and ask what actions were taken on them?..the answer is “YES”..but we have to do it…

Secondly, the local citizens should form a council within themselves at every village/panchayat/colony level and every member should have a focus area of study on which he/she will follow every government activity and keep a check. This will ensure the greater participation from “educated class” who can never win elections as they are not able to spend that kind of money on elections. This local group should act like “Shadow cabinet” and question the administration again by using RTI act for welfare of the people.

Thirdly there should be a “secret security cover” across India .The greater sense of security does not necessarily come from “visible security majors” like metal detectors at every nook and corner.Taj Hotel had metal detectors and baggage checking but they could not stop the suicide attacks made by mad gunmen showering bullets everywhere. So no use of just making all the entrances to railway stations armed with commandos and metal detectors. Instead be sure that no RDX or weapons can ever be smuggled in our country. Make our borders safe than trying to spot and find people carrying weapons and bombs in the heart of the city. In other nations like US/UK or even Singapore, there is no “visible” security everywhere. One can enter any shopping mall or any subway station without even someone stopping him, but no attacks have been reported in US after 9/11.

I firmly believe that we should start small and even if every citizen files one RTI application (which costs just Rs 10 + postage) on the issues concerning the citizens,we can see a lot more accountability in government and which will also ensure that our security and intelligence agencies will be properly modernized and empowered with all the help from our politicians and beaurocrats.

I have been effectively using RTI personally since last two years for various citizen centric initiatives related to various government departments like Income Tax,Roads,legal metrology and railways. Our friends from Vasai have also formed a youth group named “Jagruk Nagrik Sangh “ (Alert Citizen Initiative) (http://www.jnsvasai.ning.com) through which we meet every alternate Sunday and discuss on the matters which affect citizens. We are also actively using RTI for our efforts of making this country as a better place to live.

This path is long and results will show up a little later, but from my personal experience I must say, it definitely works!!! So let’s stop just talking about how we are angry on “System”, let’s submit our first RTI application today to government asking for answers for the questions we have never asked before...

Counter View:Death of Marathi Manus:(From my friend Sandeep Dumbre)

Read and if you agree kindly Forward to Not Only Marathi People, But also to Non-Maharashtrians. Let them also be aware of the Situation that may happen to their Jobs as well.

A time will come in Maharashtra when, just like the Farmers in Maharashtra, the Graduate Youth of this State will Commit Suicide !!!! This situation will arise because, All the Jobs in Maharashatra then, will be Occupied by Non- Maharashtrians.

Non Maharashtrians here means not people from North India, South India, etc., But those People who are Not Domiciled In Maharashtra. Similar situation may happen to people of other states too.

Railway Recruitment Board aspirants are Brutally Beaten Up !!!

There is large scale Rioting in Bandra, Kalyan, etc !!!!

STOP. THINK. Why this Situation has come up ???

The Actual Truth is this :-

Since Independence India's States were formed on the Basis of the Local Languages. Logical. Since 1976, The employment criteria of the Central Recruitment Board was divided into zones as per the General People of India. This division was based on the Local Language of the States.

Zone-A Bihar, Haryana, HP, MP, Rajasthan, UP, Andaman, Delhi formed the Hindi Speaking Zone.

Zone-B Maharashtra, Gujarat, Punjab & Chandigad, the Non Hindi Speaking Zone. Zone-C Southern India States like Kerala, Karnataka, etc. & North Eastern States like Assam, Mizoram, Bengal etc.

The Central Employment Rule said that 'All Exams for Employments in the respective Zones shall be Held in the Respective States Only.' So that the Local People may get the Jobs in their Home Town. Very Logical. For 30 Years everything was going Fine.

But since 1987, there was a Minor Change in the Rule 9 Part 9.2.2, for Zone -B Jobs. And this was made a Rule since 1988. This change was that 'As an optional Language of employement, People of Zone-A can Apply for Jobs in Zone-B.' This opened up doors of Employement for All Zone-A aspirants in Zone-B areas. But with this Clause there was a Sub-Clause, stating ' The Notice of Jobs in Zone-B areas for Zone-A aspirants, May be given in Zone-A Areas only.' Because of this, Recruitment Notices for Jobs in Maharashtra, etc. are Displayed Only in states like UP, Bihar, Rajasthan, etc. But these Notices are Seldom displayed in Newspapers of Maharashtra, etc.

So this time, for the 3000 Railway Posts in Maharashtra, 12000 Aspirants came from Zone-A areas. The Result of this is that, the Un-employed of Maharashtra is Remaining Un-employed. This will surely lead to Suicides in Due Course. Many Parties over these years Requested the Central Recruitment Board to Cancel this Clause. But this was Not done. The Result of this is, the Large Scale Beating Up and Rioting Today. This violent means is Not Correct. But has there been any choice Left today ??? This mail is Not to Justify Violence, but to show to you how some Politicians, by Modifying some Rules, have Subtly ensured that their Constituency people get Better Employements.

Why should all these Politicians hold rallies in Maharashtra ??? How will anything be done, as all these Years people like Nitish Kumar, Ram Vilas Paswan and Lalu Prasad Yadav are the Railway Ministers. Today many TCs, Booking Clerks, GRP, in the Mumbai Railways are from Zone-A areas. Today Many New Trains have been started to these States. Holiday Specials & Garib Raths are also run specially for these States. This is a Fact.

What Should Be Done :- College Admissions and Employments should be Given on the Basis of Domicile Certificates. I remember in 1991, when I was applying for College Admissions I was asked to produce a Domicile Cert. But after my Batch this Rule was Relaxed. 17 years down the line we are Witnessing the Result of All this. Agreed, 10% Out of Maharashtra People may be Allowed. But First Think of the Sons of Soil. This should be applicable Not Only in Maharashtra, but also in other States.

Read and if you agree kindly Forward to Not Only Marathi People, But also to Non-Maharashtrians. Let them also be aware of the Situation that may happen to their Jobs as well.

Sandeep Dumbre (Please send the comments to my email ID at chinmay@gavankars.com they will be forwarded to Sandeep)

Mumbai Police and Car Music Systems

The great (!) Mumbai Police have done it again…..in order to get some cheap publicity and to cover their inabilities in other areas,they have started a new drive through their traffic department.

Today I was reading Hindustan Times and surprised to read the news that Mumbai Traffic Police will now punish the car drivers for listening to the music on their car music systems!Are the Police mad?If listening to music is illegal then how come the sale of car stereos is allowed legally in this country?How come all those automotive manufacturers give open advertisements for factory fitted music systems as added attractions to their top end models?

Police claim that listening to the music distracts the driver and may cause accidents. Then are Police thinking of banning even co-passengers from sitting into the cars? Because they also can do the “crime” of talking to the driver and may “distract” him!

Let us see what causes distraction and what does not. I fully agree that speaking on mobile phones..even through hands free causes distraction. The reason is,the caller ,at the other side may not be aware of the road and traffic condition in which the recipient of the call is driving.He can not stop talking when there is a critical traffic condition /difficult patch to drive and allow the driver to get his car out of the mess first and then continue talking. Also the discussion may be of some important topic where the driver may have to concentrate fully (client call/business discussion/telephonic interview,etc etc)..and this may cause distraction while driving.

Now lets compare the case of a person ..say drivers family member like his wife sitting at the co driver seat.She may know that there is lot of traffic and hence she should keep quiet for some time to allow her husband steer clear through it.There is other form of communication which is non verbal and she may want to “communicate” non verbally…Or to make the point clear,in case she wants to convey that she is not very happy with him..she don’t have to say “I am unhappy and upset”. She can just keep a straight face and look out of the window without uttering a single word….the emotions are made clear to the driver..However if the same driver has to quarrel with his wife over a cell phone,then they have to waste their “creative” energies to find enough “vocabulary” to get the message across.. “Look,I am angry on you..”

Now what is the conclusion? The conclusion is, if the “sources” of the so called “noise” are internal to the vehicle like a co passenger or even a music system,it can be controlled and they can be “turned off” ..(.please do not take this literally in case of the above example….I do not mean to suggest “turning off “your wife….)

The music system/radio are for the relaxation of the driver and it may not be a factor which is out of control of the driver..so much that it will distract him…..

I guess Mumbai Police should concentrate on other ways to stop accidents…good roads and good traffic management are the two key factors to avoid road mishaps.

To close this..the funniest thing told by the DCP of Mumbai traffic police to HT in his interview is,rather than claiming that radio in car helps them to get traffic update,they should chek the update via SMS!Now if I am driving alone and need traffic updates,Mr.DCP expect me to get my cellphone out and send SMS to traffic police server and wait for update..which is more distractive?Passive listening to radio updates or active SMS sending?

P.S:Shortly Mumbai Police are banning the walkie-talkies from all their police jeaps…and also in the process of getting an order out than only one constable will be allowed to drive per jeep as if the other policement travel and speak,the driver may get distracted ..he he he