shanmugam
12 January 2013 at 20:52
From
C. Shanmugam
Plot No.113, Kasi Amman Koil St,
Annai Meenachi Nagar, Perumattunallur,
Guduvanchery 603 202.
E Mail: shanmugam628@yahoo.co.in
Mobile No. 9841888978 / 9840403338.
Letter No. P113/SIC/2013-2 dated 11-01-2013.
Dear Sir,
Sub:- Clarifications on
RTI Act /
applications
Reg.
*****
I am to state that I have called for 16 information's from the Public Information Officer, Office of the Tamil Nadu State Information Commission, Chennai 600 018 under RTI Act on 08-08-2012.
2) As I have not received any information or communication from the Public Information Officer, I have applied for First Appeal under Section 19(1) RTI Act 2005 to the Appellate Authority on 10-10-2012 and no response from him till 09-11-12.
3) Again there was no response either from the Public Information Officer or from Appellate Authority, I have preferred Second Appeal under Section 19 (3) of RTI Act 2005 to the “ Tamil Nadu Information Commission, Chennai 600 018 on 09-11-2011 and got their Office Seal in token for receipt of my Second Appeal petition.
4) I have sent a separate letter to the State Chief Information Commissioner, Tamil Nadu Information Commission, Chennai 600 018 on 15-11-2012 requesting to instruct concerned Officers to take-up the issue properly as per act in force and dispose of my RTI Application.
5) Further, I am to state that I have also requested him to send reply to me within 21 days otherwise it will be refereed to Consumer Forum / Court to get remedy in addition to claim of compensation for their deficiencies in services.
6) My application darted 15-11-2012 has been received by the Tamil Nadu Information Commission, Chennai 600 018. on 16-11-2012.
7) Apart from this, I have also preferred my grievances through ON LINE Complaint by sending all the above copies of letters on 15-11-2012 and got registration number as GOVT / E / 2012 02873.
8) Then I have contacted the Office of the Chief Minister Complaint Cell on 13-12-2012 to know the status of my complaint and I was informed that the on line application is being traced out by them . So, I have sent a e mail reminder to him on 13-12-2012.
9) Unfortunately there was no response from any one of the following Officers till sending this request to you.
i) Public Information Officer,
Office of the Tamil Nadu State Information Commission, Chennai -18.
ii) Appellate Authority,
Office of the Tamil Nadu State Information Commission, Chennai -18.
iii) Tamil Nadu Information Commission, Chennai 600 018.
iv) The State Chief Information Commissioner,
Tamil Nadu State Information Commission, Chennai -18.
v) The Special Officer,
Chief Ministers Special Cell, Government of Tamil Nadu, Chennai -9.
10. I am attaching all the copies of my applications for your kind perusal and give suitable advice / suggestion to file a case in Consumer Forum for their deficiencies in services against the above 5 Officers or
to file Writ Petition seeking directions on the following points.
a) Directing the Tamil Nadu Information Commission to dispose of my RTI Application with in 30 days.
b) Call for explanation from the State Chief Information Commission for not taken action against my application dated 15-11-2012.
c) Send a Notice to Government of Tamil Nadu . Central Government to fix time limit for disposal of second appeal petition within 60 days by amending RTI Act.
d) Dispose the Grievances applications within 30 days instead of two months.
11. I am expecting your valuable suggestions / advice on this issue to proceed further.
Thanking you,
Yours faithfully,
C. SHANMUGAM
jastej singh
12 January 2013 at 19:13
"A" gives power of attorney/Vakaltnama in favour of an advocate. After the case starts, A becomes unsound by mind. Will the Vakalatnama given by him as above-mentioned come to an end automatically?
MAYANK BHATNAGAR
12 January 2013 at 13:19
In the case of my wife, I had applied for a passport 4 yrs back from Jaipur passport office & the same was not issued because of incomplete documents during police verification ( she did not have continuity in resi proof). Now again I have submitted application at Ahmedabad passport office & during police verification it has comeup that the lease agreement signed by supposed owner of flat is void because she is not the actual owner & neither is she ready to provide any docs/NOC to police for issuing the passport. Pls guide me how many number of times a passport can be applied after being declined for incomplete documents of residence proof as per police report. also what should be the time gap between applications ( if any)
rajsh
12 January 2013 at 11:11
I am working in a proprietorship firm for last 2.5 years. The firm is engaged in construction for last 37 years. I am a qualified professional working in that firm. I am getting my salary slip, form 16, salary is getting credited to my bank account directly. Also I am filing my ITR.
I am planning to purchase a property of 60L and require a loan of around 16L.Rest I am going to pay from my savings. However some banks I have rejected my application stating that I am working in a proprietorship firm and firm has no branches elsewhere. Is there any such rule in India? From where can I get the loan.
Pls guide me.
revant
11 January 2013 at 20:14
Decision is pending on borrowers appeal before DRT regarding possession & proclamation of sale as well as under valuation of property by the Bank-- (of agri as well Industrial N.A. land)- can the Bank later declare auction of only N.A land pending decision of the DRT on the borrowers appeal, without releasing agri land to borrower or fresh notice to the borrowers.
KETAN DESAI
11 January 2013 at 15:41
Dear Sir.
I need URGENT help & advice.
I bought a Flat in an apartment. Flat was in the name of Mr X ,Mrs Y (Wife) and Ms.Z (MARRIED Daughter).
Mr.X died and his legal heirs Mrs.Y (Wife), Ms.Z (daughter) and Mr.AB (His Son who entered into the shoes of deceased to share the property) sold this Flat to me during last year in June.
We got the Registry done and on the registry papers it was clearly mentioned that " the Vendors (Sellers) has all the rights to use all the facilities and amenities provided in the said flat (building complex) and no one else has any right , title and interest in the same except Vendors which is free from all sorts of encumbrances, charges, demands, liens, litigation, mortgages, attachment, prior agreement to sell, acquisition or requisition etc.The Vendors have also not been restrained from selling, transferring or mortgaging the same by way of any injunction of any court or authority and the vendors have got absolute right, title and interest to sell, transfer and mortgages the same in any manner whatsoever as the same is also not attached under any decree of the court or by any authority for recovery of any taxes or dues whatsoever."
In the Registry Papers it is also mention " That the Vendors (Seller) do hereby make convenient and declare that they have not done any such thing whereby the flat hereby sold and transferred be lost from the hands of the vendees (Purchaser) , if the vendees suffer any loss due to any act or omission committed by the vendors or on account of anything found contrary to the covenants and declaration made in this deed the vendees shall be entitled to realize all the cost, losses, investment alogwith interest from the person and property of the vendors"
Just for info, Mr.X was running his factory and it was Pvt.Ltd and his daughter (Ms.X) was one of the DIRECTOR in the company. After the death of Mr.X , his family winded up his business and sold out all assets including the Flat I purchased.
Now after one Year of my purchase of this flat, two guys from local Tehsil came and showed me the papers that my flat has been attach for auction to recover old dues of their pending Sales Tax (Year 2008 -2009). The Recovery letter was in Mr.X Company NAME. I said you should go to factory, and they said we are from TEHSIL and we have the recovery notice from DM (District Magistrate)to attach this flat. They told me that the Notice was sent to factory but as it was closed and nobody was there to receive or answer, so they now come to the residence of the factory owner with a attachment order.
I told them that I purchased this flat and has been registered in my name and in the registration papers above points has been clearly mentioned than how come they can attch my property. They said that, they can do this under section 34 (I have no idea about this) they have the right to attach and auction the property.
I spoke to the Old Landlords (Daughter of Mr.X - they now live in other state) and they said they will take care of this issue through their lawyer but now I am quite worried about the Flat (Property) I purchased.
Could you please advice me on if there any chances that.
1) DM can attach my property on such grounds and auction this for the recovery of Mr.X Company dues against Sales Tax for the year 2008-09 ??
2) Is there any law which can help me to get out of this situation ??
I would be highly obliged if you can give me some advice on this matter.
KETAN DESAI
11 January 2013 at 15:30
Dear Sir.
COULD YOU PLEASE HELP ME & ADVICE.
I bought a Flat in an apartment. Flat was in the name of Mr X , Mrs Y and Ms.Z (MARRIED Daughter).
Mr.X died and his legal heirs Mrs.Y (Wife), Ms.Z (daughter) and Mr.AB (His Son entered into the shoes of deceased) sold this Flat to me during last year in June.
We got the Registry done and on the registry papers it was clearly mentioned that " the Vendors has all the rights to use all the facilities and amenities provided in the said flat (building complex) and no one else has any right , title and interest in the same except Vendors which is free from all sorts of encumbrances, charges, demands, liens, litigation, mortages, attachment, prior agreement to sell, acquisition or requisition etc.The Vendors have also not been restrained from selling, transferring or mortgaging the same by way of any injunction of any court or authority and the vendors have got absolute right, title and interest to sell, transfer and mortgages the same in any manner whatsoever as the same is also not attached under any decree of the court or by any authority for recovery of any taxes or dues whatsoever."
In the Registry Papers it is also mention " That the Vendors do hereby make convenient and declare that they have not done any such thing whereby the flat hereby sold and transferred be lost from the hands of the vendees , if the vendees suffer any loss due to any act or omission committed by the vendors or on account of anything found contrary to the covenants and declaration made in this deed the vendees shall be entitled to realize all the cost, losses, investment alogwith interest from the person and property of the vendors"
Just for info, Mr.X was running his factory and it was Pvt.Ltd and his daughter (Ms.X) was partner in his company. Afer the death of Mr.X , his family winded up his business and sold out all assets including the Flat I purchased.
Now after one Year of my purchase of this flat, two guys from local Tehsil came and showed me the papers that my flat has been attach for auction to recover old dues of their pending Sales Tax (Year 2008 -2009). The Recovery letter was in Mr.X Company NAME. I said you should go to factory, and they said we are not from TEHSIL and we have the recovery ntice from DM to attach this flat.
I told them that I purchased this flat and has been registered in my name and in the registration papers above points has been clearly mentioned than how come they can attach my property. They said under 'section 34" (I have no idea about this) they have the right to attach and auction the property.
I spoke to the Old landlords (they now live in other state) and they said they will take care of this issue through their lawyer but now I am quite worried about my Property I purchased.
Could you please advice me on if there any chances that
1) Is DM can attach my property on such grounds and auction it for the recovery of Mr.X Company dues against Sales Tax (2008-2009)??
2) Is there any law which can help me to get out of this situation ??
I would be highly obliged if you can give me some advice on this matter.
B. Madhuranthakan
11 January 2013 at 10:41
How is the validity of the EPCG authorisation calculated - Is it based on the date of shipment of the capital goods( Bill of Lading date) or the date of Bill of Enrty (Date of receipt).
In other words (To be specific...)
The EPCG athorisation issue date is March 2010, valid till March 2013. I want to know whether the machinery should be imported (Bill of Entry filed) before 31.03.2013 or is it enough that the machinery be shipped before 31.03.2013 (Bill of lading date before 31.03.2013
Riten
10 January 2013 at 23:31
Hello,
I am from Mumbai. I would like to know railway laws.
An incident happened with me a few weeks ago. I was walking on Churchgate station platform no. 1-2 with the cup of coffee in my hand. I was walking carefully to ensure that I did not bang into anybody. But unfortunately I banged with a man. Some coffee got spilt on his shirt and some my clothes & shoes. There was a slight argument between us. Unfortunately that man happened to be a Ticket Collector. When I was arguing with him I was not aware
that he was the TC. He started yelling and shouting on me & said that he is on duty.
I got scared, I tried to politely explain to him that I was not completely my fault and that he was also not looking ahead while walking. But he would have none of it. He started threating me that he would charge me with "loitering". I asked him how can he charge me with "loitering" since I was having a valid pass with me. At one point he also caught me by my hand and was trying to take me to the Tc office. I again asked him how can he charge me with
"loitering". He said that walking on the platform with the cup of coffee amounts to loitering. Of course all this while
he continued to yell and shout at me, while all the time I was politely talking to him. I realised that there is no point in talking any further and just went in the waiting train on plaform no. 1
But he was not on duty at that time. He followed me and entered in the same compartment which I had gotten into.
In the train he was continuously threatening me. He was telling me that he will teach me a lesson. He will teach me a lesson for arguing with him. He was bullying me. He even said that he has taken my photograph. In the train he was not checking anybody's ticket (inspite of being in the first class compartment). Hence I feel he was not on duty at that time.
But he was continuously staring at me with
threatening looks. All the while in that train I did not bother to argue or even talk to him. But he did not stop staring
at me. He kept on bullying me. This went on till Vile Parle. I got down at Vile Parle. But nothing happened at Vile Parle. He did not take me to the TC office nor did he catch me. Infact I do not know whether he got down at Vile Parle or not because I did not bother to look back after I got down.
But I would like to know a few things:
1) As per railway rules and regulations, is one allowed to take coffee on the platform or not? I tried to search on the
internet but could not find any such rule.
2) As per railway laws, please explain "loitering". When and how can any railway authority charge anybody with
"loitering"?
3) Under such circumstances what should one do?
Though I also did argue with him, but that was in response to his yelling and shouting, which I felt greatly offended by. He was bullying me & I was helpless. From Churchgate to Vile Parle I was being bullied by this TC.
4) Also as a citizen am I within my rights to argue with a TC when i feel that it is not completely my fault?
Please let me know what legal recourse can one take in such situations.
Thank You,
Regards,
RM.
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Litigation asainst bsnl
Dear Members
Mr.Justice Regupathi(retired) of Tamlnadu State Consumer Redressal Forum passing Judgment in F.A.NOs.623/2010 ordered reverting back the case to District Forum Chennai South ,that dismissed a petition on deficiency of part of BSNL ,asking it to review its order. The district forum’s dependency on order of the Hon’ble Supreme Court, in General Manager, Telecom Vs, M. Krishnan & Another, reported in CTJ (2009) 1062 was found by the Justic not applicable to present case. All the district forums in State are asked to entertain complaints against BSNL.
Any member is of an appeal made against this order in SC?