Author: yazdi

Biotechnology Regulatory Authority of India (BRAI) bill stalled again!

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We stopped the Biotechnology Regulatory Authority of India (BRAI) bill again!

Two months ago thousands of emails from us asked Minister of Science and Technology, Jaipal Reddy to stop the bill. Before that we registered our opposition to genetically modified (GM) food by saying ‘No’ to it in an online poll. Now the bill is being reviewed by the Parliamentary Standing Committee on Science and Technology, Environment and Forests. [1]

The BRAI bill is a ploy to silence the opposition to GM crops and food in our country. [2] If cleared, the bill will create an autocratic body that will allow GM crops in our country without checking for safety. It will decide the future of our food and agriculture without even consulting us.

So far we’ve not allowed the BRAI bill to succeed.[3] There is however a strong group of multinational seed corporations, like Monsanto, and politicians who will benefit from this bill and want it to get through. They will use their influence to get this bill cleared in the next Parliament session.

We’ve defeated them for three years and we’ll keep doing that till our food is safe from genetic modification. The fight is still on. Let’s do what we’ve done in the past and save our food from harmful GM technology.

Thanks!

Neha Saigal

Greenpeace India

Public sector insurer settles claim of Rs 80 lakh

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CERS compels public sector insurer to settle claim of Rs 80 lakh previously rejected on invalid grounds

Ahmedabad, June 06 th , 2013

A tactical move by a government-owned general insurer to reject a valid claim of an amount as high as Rs. 80 lakh by making convenient interpretation of the terms & conditions of the insurance policy was blocked by intervention of nationally renowned consumer organization Consumer Education & Research Society (CERS), which filed a case on behalf of a city-based firm in Consumer Disputes Redressal Commission, Gujarat  and got an order in favor of the complainant for the settlement of the claim. The State Commission ordered New India Assurance to pay Rs.80 lakh within 30 days with interest at the rate of 9% and also asked to pay additional amount of Rs. 50,000/- towards the litigation cost and Rs. 1,00,000/- as compensation for the mental agony faced by the complainant.

As per the case details, Doshion Ltd. providing solutions for water management, received a contract for installation of a desalination plant on turn-key basis from Kerala Minerals Metal Ltd in 2005. As prescribed in the bid document, the company got a standard fire & special perils policy covering risk of Rs. 29.25 crore including cover of Rs. 5 crore for construction materials and other stocks before commencing the work in 2006 from New India Assurance Company Ltd by paying a premium of Rs. 8.08 lakh.

Thereafter, during the progress of the work, the construction site was flooded by the sea water due to breach in a nearby earthen embankment and whole machineries and material mobilized for the work were destroyed. The development was immediately reported to the insurance company. As per the evaluation, the damage was to the tune of about Rs. 80 lakh and Doshion Ltd put up a claim of Rs. 86.93 lakh before the insurer. However, the claim was rejected saying that the site, where the damage was done, was different one from the place cited in the insurance policy.

As the move was illegal, Doshion Ltd approached CERS to intervene. After verifying all the details, CERS filed a complaint in the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad. On behalf  on CERS, Mr. Apurva Dave appeared in the Commission. After hearing both parties through their counsels, the Commission rejected the argument made by New India Assurance company and passed an order in favor of the complainant asking the insurer to suitably compensate.

For further details please contact: Mr Apurva Dave, +91 98255 55854  

Mumbai Roadlogger

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Mumbai is the financial capital of India and one of the the worlds largest and fastest growing cities. Yet its roads are in no better condition than the surface of the moon. This application aims to enable Mumbaikars to mail bad road conditions to the relevant authorities and make them aware of the issue. Municipal ward mail ids have been provided as ‘To'(primary) recipient while state & central representative mail IDs have been provided as ‘CC’ (secondary) recipients in case an escalation is required. There is also a facility to post the road conditions to Facebook so you can update friends and family.

Click Here to get this Android app

Lady doctor gets reimbursement for eye surgery from Oriental Insurance

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CERS helps a harried lady doctor get reimbursement for eye surgery from Oriental Insurance

Ahmedabad,May 8th , 2013

Consumer Education & Research Society (CERS) once again came to the rescue of a harassed consumer. This time an Ahmedabad-based lady doctor who was denied reimbursement for an eye surgery by her insurance company.

As per the case details, Dr. Diksha Sawant*, a resident of Bopal area of the city, had purchased a health insurance policy from The Oriental Insurance Co. Ltd about 20 years ago and it was renewed every year since then. The policy was valid during the period from 16 March, 2009 to 15 March, 2010. Dr. Sawant* had an eye surgery during this period and when she made a claim for reimbursement of the cost, the insurance company rejected it saying that she had only received injections for macular degeneration, which is not an eye surgery and therefore she was not eligible for reimbursement as per the policy terms.

On refusal from the insurance company, Dr Sawant* approached CERS and after verifying the details, CERS filed a complaint before the Consumer Dispute Redressal Forum, Ahmedabad (Additional). CERS also submitted that the administration of injection to Dr. Sawant* is done under local anaesthesia and is a surgical procedure related to Retina and Vitreous surgery. The procedure has to be carried out in an Operation theater. So, it is definitely a type of ‘EYE SURGERY’. And for ‘Eye Surgery’, hospitalisation of 24 hours or more is not necessary for reimbursement of claim as per the terms and conditions of the insurance policy. After hearing both the parties, the forum did not find any merit in the arguments made by the insurance company and accepting the certificate issued by the doctor, who performed the surgery, it ruled the order in favor of the complainant.

The forum has not only ordered the insurance company to reimburse the cost of eye surgery i.e. Rs. 72,029 but also to pay interest @8% on this amount from 22/1/2010 for denying the reimbursement. It has also ordered the insurer to pay Rs. 5,000 towards compensation for mental agony faced by the doctor and Rs. 3,000 towards the litigation cost.

However, the total claim amount was Rs. 1,44,058/- (cost of 2 injections of Rs. 72,029/- each). But through oversight, the Forum granted claim for only one injection. So, the complainant will have to file an Appeal before the State Commission to claim the full amount i.e. Rs. 1,44,058/-.

*Name changed on request

For further information please contact

Ms Pritee Shah (O) 079-27489945/46

Deemed Conveyance and Other Resources

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MAHARASHTRA CHS RTI UNION
We encourage housing societies to approach authorities directly to apply for Deemed Conveyance without engaging any professionals at exorbitant fees.

J.B.Patel (Jeby)
Housing Societies’ Activist!
Mobile:9820538570

12._Contact_Numbers_of_District_Deputy_Registrar_and_Competent_Authority_Deemed_Conveyance.PDF

11._Deemed_Conveyance_-_Form_of_Application__Form_No.7_

10._Deemed_Conveyance_-_Form_of_Application_for_Registration_of_Society__Form_No.6_

9._Deemed_Conveyance_-_GR_-_07.12.2012_-_15.12.2012_to_30.06.2013

8._Deemed_Conveyance_-_GR_on_Documents_Required_-_26.11.2012

7._Deemed_Conveyance_-_No_Notice_to_Owners_in__cases_on_Non-Govt_Lands_Maha_GR_-_23.11.2012 6._Notice_Letter_to_Builder_and_Land_Owner_for_Conveyance_Deed__Deemed_Conveyance_Deed_Execution 5._Essential_Documents_Required_for_Deemed_Conveyance_G.R._Dated_25.02.2011

4._Deemed_Conveyance_Requirements_-_Hemant_Agarwal

1._Solutions_to_Conveyance_Problems.doc

 

MAHARASHTRA CHS RTI Union
For FREE membership, write to < gladiator4mc@gmail.com > , < jebypatel@rediffmail.com >

Visit:
Guidance to victimized members of a CHS:
http://tinyurl.com/4-pt-attack-on-corrupt-mg-cmte
Andheri Panchvati CHS Ltd.case study of harassment – 23.05.2013:
https://docs.google.com/file/d/0B4wUjYmxbjtzWUtuZkxSX1lISDg/edit?pli=1
http://www.facebook.com/jebypatel
http://soundcloud.com/jebypatel/90-8-radio-broadcast-housing
For Co-op Socy. Problems : http://tinyurl.com/Co-opSocyProblems
http://tinyurl.com/4RTIForms
http://tinyurl.com/LandmarkCourtOrders
http://tinyurl.com/ImpGRsCirculars
http://tinyurl.com/BldgPropDepts
http://tinyurl.com/RTILandmarkOrders
Website of DDR III: ddr3csmumbai.org
Website of MHADA http://www.mhada.org/
Website of Commissioner for Cooperation and Registrar,
Cooperative Societies (CC & RCS), Maharashtra State, Pune:
https://sahakarayukta.maharashtra.gov.in/SITE/Home/Home.aspx
Website of CIC: www.sic.Maharashtra.gov.in
http://rti.india.gov.in/sitemap.php
Website of Maharashtra Govt.: www.Maharashtra.gov.in
Website of Bombay High Court: http://bombayhighcourt.nic.in/
Website of Prime Ministers office http://www.pmindia.gov.in/
Website of Deemed Conveyance related GRs and Circulars:
http://housing.maharashtra.gov.in
Website for Legal Advice: http://thepracticeoflawjalan.blogspot.in/2012/04/legal-options.html

TDS on Purchase of Immovable Property (Section 194 IA)

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1. Section has been inserted w.e.f. 01.06.2013.

2. Deductor & Deductee: Any person (being a transferee) responsible for paying (other than person referred to in section 194LA) to a Resident transferor any sum by way of consideration for transfer of any immovable property (other agricultural land in rural area in India), is liable to deduct the TDS under this section.

3. Time of deduction: At the time of payment or credit to the transferor in the books of transferee, whichever is earlier.

4. Rate of TDS:-

a. In case of PAN of Deductee is available-1%

b. In case of NO PAN of Deductee is available-20%

5. Limit: No TDS is to be deducted when consideration is less than Rs 50, 00,000.

6. Provision of TAN not applicable.

7. Immovable property means any land or building or part of building. Such may be situated in India or may be situated out of India.

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Refusing to file FIR may land Cop in Jail for a Year

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Refusing to register an FIR on jurisdictional ground could now cost a policeman a year in jail. Taking strong view of increasing instances of such acts by police in various states, the Union home ministry has issued strict instructions to all states to not only initiate departmental enquiry against such cops but also prosecute them under Indian Penal Code (IPC).
The home ministry told the states and Union Territories to clearly instruct all police stations that failure to register FIR on receipt of information about any cognisable offence will invite prosecution of the duty police officer under IPC Section 166A (government official disobeying law) which will invite imprisonment up to one year.
In its latest directive, the MHA told the states and UTs that policemen should be sensitized to respond to complaints with alacrity, whether it is from man or woman, and must apprehend the accused immediately after the complaint, as it adversely impacts the victim and there is tendency of persons committing crimes to slip away when there is delay on extraneous grounds like jurisdiction.
Further, if after registration of FIR, upon investigation, it is found that the subject matter relates to jurisdiction of some other police station, the FIR may be appropriately transferred to the police station under which the case falls. 
 
The home ministry said there should be clear instruction by the state governments that the delay over the determination of the jurisdiction leads to avoidable wastage of time which impacts the victim and also leads to offenders getting an opportunity to slip from the clutches of law and that should be stopped.

Prashant Uikey <prashant.vikey@gmail.com>

 

Enclosing the copy of the circular. We at FEAT encourage citizens to take action against Police officers for delay / non-filing of FIR. In case you need any assitance please contact us.
Regards
 Milind Kotak <featindia@gmail.com>