Anonymous
14 January 2010 at 12:41
My wife Meeta Singh had purchased one samsung star mobile set (Model S5233)from UniverCell shop at Koppikar Road Hubli vide Invoice No. UKA400796 dated 06/09/2009 by paying Rs. 8900/- in cash. But since day one the set get hang while dialling/ receiving call. This is happening atleast 8-10 times in a day since begining. I have reported this defect to the hubli shop, but they had told me that they are responsile for sale only. They are no where concerned with the service. Quote of the manager Mr. Sudhir:-"I have sold the item and my responsibily is over. If you have any problem with the set, please contact samsung service centre". I am stayibg at Dharwad which is 20-25 km away from the said shop as well as samsung service centre. However in the month of October'09 I had reported with my said mobile set to the samsung service centre. They had updated software of the set and handed over to me. But since defect was still unresolved, I had requested to the mentioned shop to please get it rectified. After several request, at last they had agreed to take my phone for service. In the month of Nov.'09 after holding my phone for 10-11 days, they have handed over the set to me with the remarks that "if it continues we will arrange to replace the same". In the mean time I had left for my native place for some personal work for around 25 days. but the problems were continued with the set. Any way in the month of December'09, I had further reported to the shop about the defect. At this time they had taken my phone for 5 days and given back after geting serviced by samsung service centre.
But unfortunately that defects continues. On reporting to the shop as well as to samsung and univercell customer care I was told to submit the phone to the shop.
I had deposited the set to the shop on 30th Dec'09. But since then I am daily trying to contact shop manager but he is not picking up my phone. One customer care executive Miss Lata had suggested me to call UniverCell state head Mr. Balaji as she is also not able to contact Mr. Shop Manager However at last Mr. shop manager has picked up my phone and told that there is no any problems with the phone.
At this stage I am not able to understand what to do?
Please suggest me what to do?
Regards
Anonymous
14 January 2010 at 11:39
I am resident of a registered society in Mumbai and seek advise. Some of the members of the society has purchased the Servant's Toilet built by the Builder, as shown in the Plan passed by the BMC. Can a builder sell the place which was built as servant's toilet to any such member?
Secondly the builder had built up the said Servant's Toilet as room and now members who have purchased are used the same as either store room or office with computer and other accessories. Under the situation can the Society charge them and if yes under which Bye-Laws/ Societies Act? Kindly advice. Thanks Jitendra
suresh kumar
13 January 2010 at 23:29
My fried is a constable in CISF. he passed the LDCE Exam and became eligible for being promoted to Sub Inspector directly. But he was not sent for training of SI.EXE for the reason that a case registered under Section 498A IPC on a false complaint by his wife was pending. I had earlier come across a decision in SCC that pendency of criminal case is not a bar to promotion, which I am now not able to recollect or search it out. The CISF people have taken a stand that he can be promoted only after producing an acquittal order in the criminal case. Though he was sent for basic training and has completed Police Attachment and is now in Pre-Commando training, he is still retained as a Constable and is paid only the salary of a Constable. All others who attended training were given salary of Sub Inspector from the day of starting of Basic Training amd were awarded the Rank of Sub Inspector, immediatly on completion of training, except my friend .There is no rule in CISF Act or Rules prohibiting promotion for the reason of pendency of a ctiminal case.
Kindly advice me what is to be done and if possible kindly send me the Judgement of the case regardig the finding that pendency of a criminal case is not a bar to promotion reported in Supreme Court Cases.
Manmohan Singh Bagga
13 January 2010 at 22:36
The employees of Insurance Co. have destroyed original policy form submitted by policy holder & made forged signatures of policy holder on fresh policy form & submitted. After the bond was received, The policy holder saw it on the photocopy of the form attached with bond. After complaining, the Insurance Co. by saving their employees denied the tampering but the forged signatures made are clearly manifest on the form. What are the strict laws especially in Insurance laws available to be slapped against Insurance Co. for committing fraud ?
Anonymous
13 January 2010 at 19:39
Is there any provision of compulsory lock in shares acquired under open offer- take over code?
AJITKUMAR N PARMAR
13 January 2010 at 13:27
Sir,
The following few lines are brought to your kind information.
(1) I am working in the organization of Development Commissioner for Handlooms (Enforcement Wing), Govt. of India, Ministry of Textiles, New Delhi. The main worked of this organization of implementation of Handlooms (Reservation of Articles for Production) Act’1985 / inspection of power loom and mill sector (weaving department).
(2) I have joined in this organization on 04.11.1996 as ‘LDC’ and posted at Regional O/o. Development Commissioner for Handlooms (Enforcement Wing), Ahmedabad. My educational qualification is SSC, HSC, B. Com and LL.B. In this organization the post of LDC is isolated. (Enclosed copy of sanction of the post of whole the organization for your ready reference).
(3) I had applied for the post of ‘Legal Assistant’ through proper channel
number of times (1,6,1999, 19.06.2000, 12.10.2000, 29.11.2001, 09.05.2002, 21.04.2006, 07.09.06, 13.11.2006, 14.03.2007, 27.03.2008 and 19.01.2009) but till date department not considered my case for the said post. The HQ replied me that you have not eligible for the post of Legal Assistant as per the RRs. I had submitted application to the HQ regarding which section of the RRs I am not eligible for the post of Legal Assistant, till date the HQ not reply me. The department advised me that you have applied for the post of legal assistant on advertisement to be published but after completed 5 years not received any advertisement/circulars for vacancy. I had applied for the post of legal assistant through proper channel as per vacancy circulars issued in 09.05.2002 but department not considered my case as department candidate / not implementing power for relaxation under section 6 of the Recruitment Rules GSR- 186 dtd. 15.05.2002 and not considered my case in DPC or not referred my case to Department Personal & Training, New Delhi (DOPT) for ad-hoc appointment till appointment of regular Legal Assistant. I am performing normal duty with additional duty of legal assistant / Technical Superintendent from 04.11.1996. I am fulfilled the requisite qualification as per the recruitment schedule of recruitment rules No. GSR 186 dtd. 15.05.2002 (copy enclosed) vide column 8 (i)(ii) and 13 (a) (i) (b), but other provision of schedule 13 a (ii) (iii) are not fulfill like 3 years service in the pay scale of Rs. 5000 –
Cont….. 2.
// 2 //
8000, 8 years services in the pay scale of Rs. 4500 – 7000 because not available of promotion channel / avenue in O/o. the D.C.H. (EW). The Post of Legal Assistant is vacant at Regional O/o. D.C.H. (EW), Ahmedabad since 1995 so the department utilized my (As a posses a legal qualification) additional duties / higher responsibilities duties from 04.11.1996 like….
(a) The duties of legal assistant are assisting authorized officer during inspection of power loom units once violation is notice then preparation of witness, panchamana, seizure memorandum for sample as well as looms at the time of inspection, obtaining proper acknowledgement for the sample seized, sealing of sample, loom, even photographs being taking at the time of inspection. Finally assisting authorized officer for the preparation of FIRs in the police station after completion of all the formalities. In addition to the above, I have prepared a case dairy in a narrative form in chronological order. I have monitoring all court cases at JMFC / High court till the case is settled. After the delivery of the judgment obtaining certified copy from the court. If the department challenges the judgment in upper court, necessary record, witnesses statement, panchanama had to be collected for appeal in the higher court. In the meantime assisting officer in charge for completing necessary formalities for obtaining legal opinion from the Legal Ministry (West Zone, Mumbai). After obtaining legal opinion the relevant papers had to be handed over to Govt. standing counsel for the preparation of draft. Then assisting the authorized officer for filling the appeal in the higher court under jurisdiction of this office (Gujarat, Maharastra & Dadra Nagar Haveli (UT)) I am assisting the officer In Charge for the preparation of papers pertaining to Executive committee meeting, Advisory committee meeting, review meeting and awareness programme conducted by the State Govt. of Gujarat / Maharashtra and Dadra Nagar Haveli (UT) in connection with Implementation of Handloom (Reservation of Articles for Production) Act’1985. After my joining this office won two cases with handsome amount of penalty i.e. Rs. 90,000=00 rupees Ninety thousand only against M/s. Bombay Dyeing Mfg. Co. Ltd, Bombay, Maharastra state and Rs. 1,28,000=00 rupees One lakh Twenty Eight thousand only against M/s. Kush Textiles, Vishnagar, Gujarat state in India in connection with implementation of Handlooms (RAP) Act’1985. Four JMFC judgment challenged to Hon’ble High Court under section 378 Cr PC. Five accused submitted application under section 451 Cr PC in JMFC for de-sealing power loom under pending trail are objected and crashed application of the accused by the JMFC. Only one case is not won in JMFC / Session / Hon’ble High Court due to technical parameters of the seized sample.
Cont…… 3.
// 3 //
(b) The post of Technical Superintendent is vacant in Regional O/o. D.C.H. (EW), Ahmedabad since June’2006. The undersigned also assisting authorized officers during inspection of power loom units by preparing inspection sheet, issuance of section 6 orders and collection of reports submitted by the units, preparation of monthly progress report from the date of joining 04.11.1996. During 1996 the strength of authorized officers was two but Technical Superintendent strength was one. So the undersigned share the higher responsibility of Legal Assistant and Technical Superintendent in additional to my normal LDC duties without disturbing day-to-day works.
(c) I have performed normal duties along with additional duties with others administrative post i.e. assistant, superintendent etc. I have performing all administrative, establishment and account works. (Prepare pay bills, contingent bills, TA & LTC bills, GPF advance & withdrawal bills, GPF account maintenance for Gr ‘D’ staffs. Maintenance of establishment files / account files / court cases files / technical files / administrative files / house keeping files. Filling of income tax / profession tax.) In addition preparation of progress reports, expenditure statements, budgetary, status of cases and reconciliation with PAO, Mumbai.
(d) After the implementation of Six Pay commission the scale of Rs. 5000 – 150 – 8000, Rs. 5500 – 175 – 9000 and Rs. 6500 – 200 –10500 are merge in new pay scale PB – 2 i.e. Rs. 9300 – 34800 + GP 4200, so as per recruitment rules of O/o. the D.C.H. (EW) vide No. GSR – 186 dtd. 15.05.2002 schedule 13 (a) (ii) (iii) may be revised. In this regard, the undersigned request to HQ to considered my case for appointment of Legal Assistant with implementing power for relaxation under section 6 of the Recruitment Rules GSR- 186 dtd. 15.05.2002 or to considered my case in DPC but till date the department not replied on my letters.
(4) As per the RRs of LDCs in O/o. D.C.H. (EW) may be promoted as Steno Gr. III after passing the steno examination and it may be change his seniority from LDC to steno grade (copy enclosed). This type of condition is not available in RRs of other offices. I had requested to my HQ regarding to create Promotion Avenue in number of times for better future of LDCs and its families. But till date the department not created promotion avenues.
Cont…. 4.
// 4 //
(5) I had applied number of times for deputation to our and other departments through proper channel for higher post and requested to issue a ‘No Objection Certificate’ for change of department for better future of my self and family. (i.e. 24.01.2002, 24.12.2002, 20.04.2006, 31.05.2007 and 07.08.2007) The department not forwarded my application to other department, but other LDCs working at HQ his application forwarded for deputation and issue a NOC for absorption in borrowing department. The department obtained different stand for same organization. There is no promotion avenue in O/o. the DCH (EW) and having a higher qualification so I had applied for issued a NOC for change of department for better future of family and myself, till date no any information of my NOC application. I have also forwarded other application for direct recruitment basis; I applied to HQ for issuance NOC for attaching application. The HQ replied to on my application that to apply for any post on direct recruitment basis through proper channel if required on case by case basis (letter dtd. 10.09.2007) On HQ assurance I have applied to the post of Assistant on direct recruitment basis on 09.12.2009 but the HQ returned my application with remarks shortage of staff in the office, your application can not be forwarded. (At present RODCH (EW), Ahmedabad only one LDC and One Regional Enforcement Officer/OIC, other post is Driver, Peon and Chowkidar) At present my age is 41 years after few years I am go aged bar and not applied for the other post.
(6) As per the recommendation of the 6th pay commission the Gr. ‘D’ post are converted in Gr. ‘C’ in the pay band Rs. 5200 – 20200 + GP 1800/- after training. The education qualification of Gr. ‘D’ is below matriculation. The LDCs scale is Rs. 5200 – 20200 + GP 1900/- the difference is Rs. 100/=. The benefit of higher qualification and performing higher responsibility works are zero.
(7) The general recruitment rule, 33.33 % post is fill up through promotion of the department employee but as per recruitment rules for “Legal Assistant” vide No. GSR – 186 dtd. 15.02.2002 of O/o. D.C.H. (EW) is not implemented because no feeder category available in the department. If Promotion Avenue is available the LDCs may be promotion as per RRs but future of LDCs in O/o. DCH (EW) are blocked.
(8) As I am performing additional / higher responsibilities duties along with my normal duties the department sanction as honorarium for Rs. 2500=00 for the year 2008 – 2009. I have applied to grant me honorarium from 04.11.1996. (i.e. date of appointment) After completion of one year the HQ not sanction honorarium from 04.11.1996 to till date.
Cont… 5.
// 6 //
You are, therefore kindly requested to look in to the above matter personally and necessary suggestion / guide me with relevant rules and copy of office memorandum on following points please.
(1) The department issue me a higher scale on higher responsibilities work.
(2) The department appoint me as a Legal Assistant on ad-hoc basis until regular appointment of Legal Assistant.
(3) The department sanction honorarium to me from 04.11.1996.
(4) The department not forwarded my application to other department is right on account of shortage of staff.
Your early action on the above said matter is highly solicited.
Thanking you,
Yours faithfully
Encl: copy of letters.
(AJIT N. PARMAR)
Anonymous
13 January 2010 at 12:29
Dear Sir/mam,
As I am working as an Hr Excutive in an investment planning company and as I am new for this feild i have a query that how to calculate salry of employees, i need structure in details like by adding which components we can calculate it and total how many components are there and what is the rules for each one.
And please also let me know that as per law for the deduction of pf amount how much minimum basic pay should be there.
Regards,
Darshita Trivedi
Anonymous
13 January 2010 at 12:24
why we write in the agreement as
"include its successors in business administrators and permitted assigns"
what does it mean?
queryking
13 January 2010 at 11:45
why law is called as an ass? who said this first? what is the meaning of this?
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Home Loan!!
Dear Sir / Madam,
Recently i have applied for home loan and got sanction from one of the nationalised bank. I am suppose to pay 70% of the total property cost to builder as the building is under construction. but my question is even though bank is going to give me disbursement of 70% of my sanction amount they are saying that the EMI which i need to pay every month would be same even if they giving 70% of total sanction amount. Is this feasible. It would be great help if you could help me to understand the same.
Regards,
Atanu