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[Non-text portions of this message have been removed]

Dear CVI Moderator,


There is a spam message being distributed in CVI (vide URL
http://finance.groups.yahoo.com/group/Consumer_Voice_India/message/3153)
yesterday. Can  you ensure the same is cleaned up and moderation is beefed up?




Thanks and Regards,

Deepak Vasudevan
http://www.linkedin.com/in/vdeepakkumar



[Non-text portions of this message have been removed]

Hi,

I have been a loyal customer of a cellular company�in Kerala for the last 10
years.�For the last six to sever months, I have been facing severe network
degradation and cross connection issues very frequently at my location.(almost
on a daily basis). It seems that the network capacity at my location is mostly
running on peak loads and some how or the other I am becoming a victim to this
and it is causing frequent call disconnections & cross connections. This is
leading to increased cost to me.

Do we have any rules or regulations, which guides the telecom companies on
maintaining adequate network capacity to handle the network loads?. If so, could
anyone share it to me.

PS: I just don't want to lose my number, which I have been using for the last 10
yrs. Else I would have switched to other service provider long time back. I am
eagerly awaiting the Number portability to be introduced by the govt.

Thanks & Regards,
Cijo K Paul



[Non-text portions of this message have been removed]

Dear Indians,
Its high time of corruption and we should join together to remove it from our
system. There is no leader for this cause and this is not single persons job. So
please try to remove the corruption by starting good work.
Please go through following forwarded mail and be serious.
Thanks Best Regards  Vijay Sagar  

CHIEF 'INJUSTICES EXCERPTS FROM A MILESTONE AFFIDAVIT..........TEHELKA

















http://www.tehelka.com/story_main47.asp?filename=Ne021010Chief_Injustices.asp








From Tehelka Magazine, Vol 7, Issue 39, Dated October 02, 2010





CURRENT AFFAIRS
 

CORRUPTION




Chief Injustices. : Excerpts from a milestone affidavit
















RUDIMENTARY LOGIC demands that the highest chairs must have the soundest legs.
By that measure, judges ought to have impeccable moral character. But in India,
judges are protected less by their sterling reputations than by an arcane law:
the “contempt of court” act, which prohibits raising any questions about
judges or their actions. This has reduced talk of judicial corruption to a
sullen whisper rather than a democratic debate.




Supreme Court lawyer Prashant Bhushan has fought this unhealthy immunity for 20
years. In September 2009, partly as a result of his relentless campaigns, the
judiciary finally agreed to declare their financial assets. It was a big first
step. Much remained to be done. Soon after, in an interview with TEHELKA,
Bhushan outlined other mechanisms needed to make judges more accountable and
spoke of various forms of judicial corruption. Among other things, he asserted
that “half of the last 16 Chief Justices have been corrupt.”




Based on this interview, lawyer Harish Salve slapped a contempt of court case
against Bhushan and TEHELKA editor Tarun J Tejpal. At first Bhushan argued his
right as a citizen to voice his perceptions. But the court insisted on pursuing
the matter further, saying the ramifications of the case for the credibility of
the Supreme Court were far greater than those that had been under consideration
in either “Duda’s case or Bal Thackeray’s case”. (The former had called
the Supreme Court a haven of FERA violators, bride-burners and racketeers; the
latter had said, “I piss on the Supreme Court.”)




Pushed to demonstrate that his views were not just reckless assertions, Bhushan
has now filed a supplementary affidavit with evidence backing his statement
about corrupt judges. In the affidavit, Bhushan reiterates the difficulty in
getting documentary evidence of corruption in the higher judiciary because no
investigation is allowed against judges, there is no disciplinary authority one
can turn to, and even FIRs require prior permission from the Chief Justice of
India.




Despite this, his affidavit casts chilling light on the apparent misconduct of
many judges. A week earlier, in a historic move, constitutionalist and former
law minister Shanti Bhushan also filed an affidavit, seeking to implead himself
in the case. Like his son, he asserted eight out of the last 16 Chief Justices
have been corrupt and submitted their names in a sealed envelope to the bench.
He would consider it a “great honour”, he said, “to spend time in jail for
making an effort to get for the people of India an honest and clean
judiciary.”




Truth, in India, has only recently become defence. But if the court pursues
these courageous affidavits and tasks the Bhushans to prove their allegations
with evidence, it could become a unique moment in history. Retired justice VR
Krishna Iyer has already said this is a historic opportunity for public
cleansing. The first step is to share information in public interest. Here,
therefore, are edited excerpts from Prashant Bhushan’s affidavit.




RANGANATH MISHRA




25.09.1990 - 24.11.1991












CHIEF JUSTICE Ranganath Mishra as a judge of the Supreme Court presided over a
Commission of Inquiry on the genocide of Sikhs in 1984. He conducted the inquiry
proceedings in a highly biased manner and went on to give a clean chit to the
Congress party, despite there being considerable evidence implicating senior
leaders of the party.













After conducting inquiries into the 1984 riots, he became a Congress Rajya Sabha
MPThe evidence against the Congress leaders and party has come out in subsequent
official inquiry reports as well as in the subsequent CBI investigations.




He went on, after his retirement, to agree to become a Rajya Sabha MP of the
Congress. Such actions, to my mind, clearly smack of corruption. Corruption, as
I have mentioned earlier, is not used in a narrow sense of taking bribe alone,
but in a wider sense of being morally culpable or blameworthy




KN SINGH











25.11.1991 - 12.12.1991

CHIEF JUSTICE KN Singh who followed Justice Rangnath Mishra, passed a series of
unusually benevolent orders in favour of Jain Exports and its sister concern
Jain Shudh Vanaspati. Several of these were passed during his 18-day tenure as
Chief Justice, and many of these cases were ordered to be listed before him by
oral mentioning.




This became such a talked about scandal in the corridors of the Court that
eventually in a hearing on 9 December 1991, the counsel for the Union of India
was forced to object to the manner in which the cases came to be listed before
Justice KN Singh’s bench. He was forced to give a laboured explanation about
how and why he ordered the matter to be listed before him when it was before
another bench.




All these judgments came to be reviewed and reversed later by a series of
subsequent benches, in some of which, the review petitions were heard in open
court, in a departure from the normal procedure.













Passed a series of orders in favour of Jain Shudh Vanaspati. These were later
set aside
On 1 April 1991 and 9 September 1991, Justice KN Singh allowed two Civil Appeals
of Jain Exports regarding the import of caustic soda and reduced the import duty
payable by the company from 92 percent to 10 percent. Both these orders were
subsequently reviewed and set aside.




On 28 November 1991, (during his 18 day tenure as CJI) Justice Singh dismissed
the appeal of Union of India against Jain Shudh Vanaspati in a case involving
the import of edible oil in stainless steel containers (the import of which was
banned), which were fraudulently painted over to disguise them as mild steel
containers. This order was reviewed and set aside on 16 July 1993 by a bench of
Justice JS Verma and PB Sawant.




All these orders of Justice KN Singh in the Jain Exports and Jain Shudh
Vanaspati cases were widely understood and regarded as having been passed for
corrupt considerations. They became a much talked about scandal in the Court,
even while he was Chief Justice.



AM AHMADI




25.10.1994 - 24.03.1997










CHIEF JUSTICE AM Ahmadi, who succeeded Justice Venkatachalaiah (who was widely
respected and regarded as a judge of great integrity), went on to quash the
charge of culpable homicide in the criminal case arising out of the Bhopal Gas
leak. Seven benches were changed during the hearing of this case, the only
common judge in all these benches was Justice Ahmadi who was Chief Justice and
constituting the benches.





This judgment of quashing the charge of culpable homicide before the trial not
only delayed the trial but led to such miscarriage of justice, that the Supreme
Court has thought it fit to issue notice on a curative petition filed by the CBI
even 14 years after that judgment.



Justice Ahmadi then went on to deal with and pass several orders in the Union
Carbide case involving the setting up of a hospital from the sale proceeds of
Union Carbide India Limited’s shares held by Union Carbide Corporation, USA.




In fact, he passed the orders releasing the amount of Rs. 187 crore for the
construction of the hospital from the attached funds of Union Carbide. Quite
remarkably, after having dealt with these cases of Union Carbide, Justice Ahmadi
(soon after his retirement) went on to become the lifetime Chairman of the same
hospital trust whose case he had extensively dealt with as Chief Justice.




A Supreme Court bench headed by Justice Kuldip Singh had, on 10 May 1996, passed
an order staying all construction within 5 km of Badkal and Surajkund lakes in
Faridabad for environmental reasons. This order prevented any construction in
plots in a development called Kant Enclave, which is adjoining Surajkund lake
and on land which had been notified as Forest Land under S4 of the Punjab Land
Preservation Act.




Being forest land, no construction was permissible on this land without the
prior permission of the Union Ministry of Environment and Forests, and also
without the permission of the Supreme Court by virtue of the orders of the Court
in the Godavarman case.





Despite this, however, Justice Ahmadi, who was as this time the Chief Justice of
the Court, went on to purchase plots in this development around this time and
also went on thereafter to construct one of the first houses on this (a palatial
house where he has lived since his retirement) in violation of the orders of the
Court and the Forest Conservation Act.












He bought land, built a house in Kant Enclave in Surajkund. The court had ruled
it illegalSoon after the original order of Justice Kuldip Singh, Justice Ahmadi
as Chief Justice set about reconstituting these benches and urgently listing
review petitions filed by Kant Enclave and others against these orders, where
these orders came to be successively modified.




The order prohibiting construction within 5 km of the lakes was modified to 1 km
by the order dated 11 October 1996. This order was further modified in the
review petitions filed by Kant Enclave and others by order dated 17 March 1997,
to obviate the need to no-objection certificates from the Pollution Control
Boards for construction. This was further modified by even allowing construction
even within 1 km of Surajkund lake by an order dated 13 April 1998 by a bench
headed by the then Chief Justice MM Punchhi.





The fact that the construction of Justice Ahmadi’s house in Kant Enclave is
completely illegal and in violation of the Supreme Court’s judgments, as well
as the Forest Conservation Act, has now been emphatically stated by the Supreme
Court itself in its order dated 14 May 2008 on the clarification application on
behalf of Kant Enclave.



The Centrally Empowered Committee of the Court has found the violations of those
who constructed their houses in Kant Enclave so egregious, that they have
recommended the demolition of these constructions which includes that of Justice
Ahmadi in their report dated 13 January 2009. I regard Justice Ahmadi’s
actions in all this as morally culpable and indeed corrupt. They had become a
much talked about scandal in the corridors of the court as well as among judges
at that time.




MM PUNCHHI




18.01.1998 - 09.10.1998










JUSTICE PUNCHHI had a short tenure of 10 months. He succeeded Justice Verma, who
is widely regarded as one of the finest and most upright Chief Justices of the
Supreme Court. The Committee on Judicial Accountability had prepared an
impeachment motion against Justice Punchhi, which had been signed by more than
25 members of the Rajya Sabha, but did not get the requisite number of
signatures since he went on to become Chief Justice of India. The six extremely
serious charges in the impeachment motion are detailed below:


1. As a Judge of the Supreme Court, while deciding an appeal of Shri KN Tapuria
against a judgment of the Bombay High Court, dated 10.12.93 by which he was
sentenced to two years rigorous imprisonment, Justice Punchhi allowed the Appeal
and acquitted Shri Tapuria on the basis of a purported compromise entered into
between Shri Tapuria and the alleged representative of M/s Turner Morrison & Co,
and thereby remitted his prison sentence. This was done despite the fact that
the offence of criminal breach of trust for which Shri Tapuria had been
convicted cannot be compounded in law and thus could not have been allowed to be
compromised by the complainant. The order passed by Justice Punchhi was on
extraneous considerations.


2. As a Judge of the Punjab & Haryana High Court, Justice Punchhi heard and
dismissed a Writ Petition of the Vice Chancellor of the Rohtak University, Dr
Ram Gopal, containing serious allegations of malafides against the then Chief
Minister of Haryana Bhajan Lal. That while he decided this case dismissing
allegations against Bhajan Lal, two of his unmarried daughters residing with
him, Madhu and Priya, applied for and got allotment of two valuable house plots
in Gurgaon from the discretionary quota of the Chief Minister. The plots were
allotted on 1.5.86, the same day Justice Punchhi dismissed Ram Gopal's Writ
Petition against Bhajan Lal. The judgment of Justice Punchhi dismissing the Writ
Petition was obviously given on extraneous considerations.


3. As Inspecting Judge of the Punjab & Haryana High Court, Justice Punchhi made
an adverse inspection report questioning his integrity, against KS Bhullar,
Sub-Judge-cum- Judicial Magistrate of Punjab, for the reason that Bhullar had
refused to decide a case before him involving Justice Punchhi’s co-brother in
his favour.


4. As a Judge of the Supreme Court, Justice Punchhi attempted to hear and decide
a case involving the validity of section 8 (a) of the Capital of Punjab
(Development and Regulation) Act, 1952 though he was personally interested in
the outcome of the case.











He decided on a case about a law when he was personally interested in the
outcome5. That Justice Punchhi attempted to browbeat officials of the Registry
of the Punjab & Haryana High Court when they came to take inventory of items of
furniture at the residence of the then Chief Justice of the Punjab & Haryana
High Court, Justice V Ramaswami. He ordered them to mention in the inventory
report that all the items had been found in order even when these had not been
verified and this was not true. Thereafter, when this matter became subject of
the impeachment proceedings and was put in issue in Writ Petitions filed in the
Supreme Court, Justice Punchhi attempted to hear and decide that case, though in
view of his role in the matter, he was clearly disentitled from doing so.


6. That as Judge of the Supreme Court, Justice Punchhi, kept pending with him a
matrimonial proceeding involving one Ashok and Rupa Hurra from Gujarat, even
after it had become infructuous. The matter was kept pending in order that a
fresh petition to be filed by the husband also come before him. These
proceedings were finally decided by him for extraneous considerations in a
manner which was contrary to law.




AS ANAND




10.10.1998 - 01.11.2001










JUSTICE ANAND, who succeeded Justice Punchhi, too enjoyed a very controversial
tenure as Chief Justice of India. During his tenure, evidence of several acts of
very serious misconduct came to light and came to the possession of the
Committee on Judicial Accountability. As a result of this, an impeachment motion
was also prepared by the Committee on Judicial Accountability against Justice
Anand, which contained four serious charges which are detailed below:


1. That AS Anand, when he was the Chief Justice of the High Court at J&K, heard
and passed favourable interim orders in the case of one Krishan Kumar Amla, soon
after he had accepted gratification from Amla in the form of a 2 Kanal plot of
land at Ganderbal, Srinagar. That Anand accepted this gratification from Amla
even though he had been as a judge hearing and dealing with the cases of the
companies owned by Krishan Amla and his father Tirath Ram Amla. These acts
constitute gross misconduct and misbehaviour on the part of a Judge.



2. That AS Anand abused his office and influence as a judge and Chief Justice of
the J&K High Court to hold on to the ownership of agricultural land which should
have been vested in the government under the J&K Agrarian Reforms Act of 1976.










He passed an order favouring a person from whom he had received a plot of land
3. That AS Anand while he was a judge of the Supreme Court abetted his wife and
mother-in-law in filing a suit based on false averments in a civil court in
Madhya Pradesh. During the proceedings before the civil court, he abused his
influence and authority to get the revenue authorities to suppress from the
trial court the record of the proceedings before the revenue court. That he
subsequently used his influence to get the State Government of MP to withdraw
the Special Leave Petition filed by the State against his wife.


4. That Anand abused his office and influence as Chief Justice of the J&K High
Court to get from the government of J&K a 2-kanal plot of land at Gandhinagar in
Jammu for a price which was a small fraction of the market price. That in doing
so, he gave a false and misleading affidavit that he owned no land or immovable
property in Jammu.



Despite the fact that there was documentary evidence of serious charges of
corruption against Justice Anand it was not possible to get the impeachment
motion signed by the requisite number of MPs against a sitting Chief Justice of
the Supreme Court. MPs are very reluctant to sign an impeachment motion against
a sitting judge of the Supreme Court or a sitting Chief Justice of a High Court,
even if one has documentary evidence of serious charges of misconduct against
the judge concerned. This is because of a fear of judicial backlash against the
MP or his political party, most of whom have cases pending in the courts.




YK SABHARWAL




O1.11.2005 - 14.01.2007












ON 3 AUGUST 2007, the Campaign for Judicial Accountability had issued a press
release detailing several serious charges against Chief Justice YK Sabharwal.
The most serious among these charges was that he passed a series of orders for
sealing commercial properties in Delhi, operating in residential areas.




The immediate consequence of his orders was to force shops and offices to shift
to shopping malls and commercial complexes being constructed by builders and
developers, which resulted in increasing their prices enormously almost
overnight. At precisely the time when Justice Sabharwal passed these orders of
sealing, his sons entered into partnerships with some of the largest shopping
mall and commercial complex developers and thus made huge profits. Moreover, the
registered offices of his sons’ companies were at the official residence of
Justice Sabharwal at this time.













While he heard the Amar Singh tapes case, his sons got land allotments in Noida
Apart from this, his sons were allotted huge commercial plots by the Mulayam
Singh government of Uttar Pradesh in Noida at highly concessional rates, at a
time when Justice Sabharwal was dealing with the case of Amar Singh’s tapes,
the publication of which he had stayed.




As a result of these transactions, the sons of Justice Sabharwal, who till he
started dealing with the sealing case, were small traders having a turnover of
less than Rs. 2 crore went on to purchase a property of Rs. 15.43 crore in
Maharani Bagh in March 2007 and more recently a property at 7 Sikandra Road for
Rs. 122 crore (in partnership with their builder friends) in April 2010.



The property at Sikandra Road was purchased by Justice Sabharwal’s sons for
Rs.122 crore with the help of a number of unconscionable judicial orders of
single judges of the Delhi High Court, at a time when the property was worth
well over Rs.150 crore.




Despite complaints to the CBI and the CVC, however, no FIR appears to have been
registered nor any investigation done by the CBI.
PHOTO: SHAILENDRA PANDEY






But why is KG Balakrishnan's name missing? His refusal to honour the RTI Act is
equally corrupt or more precisely anti-national! 



This article seems to have hit the internet before the date of publication!!






--



Have a Good Day!

Be kinder than necessary,
for everyone you meet is fighting some kind of battle.

Please send all forwarded emails BLIND CARBON COPY (bcc)
Clean your forwarded emails by deleting past recipients,
OR copy and paste to a new email.








[Non-text portions of this message have been removed]

Hi,

Today while I received my bank statement from HDFC bank, there is a new line
added to the Important message section, under Transaction related charges.

"The number of transactions in a Savings Account is restricted to 100
transactions per 6 months. 5 cash transactions will be allowed free per month.
Every additional transaction will be charged @ Rs.100 per transaction."

Is it legally possible for a bank to impose such a restriction.?. How can I
control the transactions in my account, if my mutual funds / shares� announces
some dividends and it is directly credited to my account.

Regds,
Cijo



[Non-text portions of this message have been removed]

I don't think there is any RBI stipulation regarding maximum transactions in
a savings bank account. As far as i recall, there is a restriction on a
number of free ATM cash withdrawals from other bank ATMs - which is five in
a month. What if it is all credit transactions - are they going to charge
Rs.100 for credit transactions as well.

rgds. Ram

On 24 November 2010 16:29, Cijo K Paul <cijo_kp@...> wrote:

>
>
> Hi,
>
> Today while I received my bank statement from HDFC bank, there is a new
> line
> added to the Important message section, under Transaction related charges.
>
> "The number of transactions in a Savings Account is restricted to 100
> transactions per 6 months. 5 cash transactions will be allowed free per
> month.
> Every additional transaction will be charged @ Rs.100 per transaction."
>
> Is it legally possible for a bank to impose such a restriction.?. How can I
>
> control the transactions in my account, if my mutual funds / shares
> announces
> some dividends and it is directly credited to my account.
>
> Regds,
> Cijo
>
> [Non-text portions of this message have been removed]
>
>
>



--
Ram
http://v-ram-online.blogspot.com/


[Non-text portions of this message have been removed]

Hi all,
I verified this�with the bank and they confirmed that this restriction is not
applicable for transactions done through ATMs / NetBanking / ECS / RTGS etc. The
restriction imposed is for the number of transactions beind done through the
bank branches.
�
So be alrert, don't do more than 5 cash transactions through the HDFC bank
branch in a month�(Deposits / Withdrawal). They will charge you Rs.100/- per
transaction, from the 6th transaction in the month.
�
Regds,
Cijo
�
Re: Restriction on the number of transcations in Savings Account by
Posted by: "ram v" vraam25@... � vram07
Wed Nov�24,�2010 3:07�am (PST)


I don't think there is any RBI stipulation regarding maximum transactions in
a savings bank account. As far as i recall, there is a restriction on a
number of free ATM cash withdrawals from other bank ATMs - which is five in
a month. What if it is all credit transactions - are they going to charge
Rs.100 for credit transactions as well.

rgds. Ram

On 24 November 2010 16:29, Cijo K Paul <cijo_kp@yahoo. com> wrote:

>
>
> Hi,
>
> Today while I received my bank statement from HDFC bank, there is a new
> line
> added to the Important message section, under Transaction related charges.
>
> "The number of transactions in a Savings Account is restricted to 100
> transactions per 6 months. 5 cash transactions will be allowed free per
> month.
> Every additional transaction will be charged @ Rs.100 per transaction. "
>
> Is it legally possible for a bank to impose such a restriction. ?. How can I
>
> control the transactions in my account, if my mutual funds / shares
> announces
> some dividends and it is directly credited to my account.
>
> Regds,
> Cijo
>
> [Non-text portions of this message have been removed]
>
>
>

--
Ram
http://v-ram- online.blogspot. com/

[Non-text portions of this message have been removed]


Back to top Reply to sender | Reply to group | Reply via web post




[Non-text portions of this message have been removed]

----- Forwarded Message ----
>
>From: Victor Cooper <victor99cooper@...>
>To: acb <acb_india@yahoogroups.com>
>Sent: Sat, December 4, 2010 3:33:51 PM
>Subject: [ACB_india] Request to for guidance in legal issue
>
>
>I purchased a flat 3 years ago.
>1.  The builder, a private ltd. company, fails-refuses to execute sale deed
>under this or that excuse.
>The representation-sale was done by its Marketing manager, so there is a case
>against him. But do I have a cheating case ... against the Managing Director
>also?
>
>
>2.  The builder was obligated to obtain NOC from navy prior to construction,
but
>failed to do so.  Moreover, the builder made false representation in the
>Agreement to Sell that they had obtained such NOC.
>
>
>What law covers the aviation sector and this NOC?
>
>
>3.  Is is better to first file a complaint with police or directly with the
>court?
>
>
>Thanks,
>Regards,
>Victor
>

[Non-text portions of this message have been removed]

Dear Sir,
 
Please file the police complaint mentionining Maharashtra Flat Ownership Act
provisions for sale deed and under the CPC 420
 
regards
 
Vijay Sagar

--- On Mon, 6/12/10, Rishi <spaceriker@...> wrote:


From: Rishi <spaceriker@...>
Subject: [Consumer Voice India] Fw: [ACB_india] Request to for guidance in legal
issue
To: Consumer_Voice_India@yahoogroups.com
Cc: victor99cooper@...
Received: Monday, 6 December, 2010, 3:37 AM


 



----- Forwarded Message ----
>
>From: Victor Cooper <victor99cooper@...>
>To: acb <acb_india@yahoogroups.com>
>Sent: Sat, December 4, 2010 3:33:51 PM
>Subject: [ACB_india] Request to for guidance in legal issue
>
>
>I purchased a flat 3 years ago.
>1. The builder, a private ltd. company, fails-refuses to execute sale deed
>under this or that excuse.
>The representation-sale was done by its Marketing manager, so there is a case
>against him. But do I have a cheating case ... against the Managing Director
>also?
>
>
>2. The builder was obligated to obtain NOC from navy prior to construction, but
>failed to do so. Moreover, the builder made false representation in the
>Agreement to Sell that they had obtained such NOC.
>
>
>What law covers the aviation sector and this NOC?
>
>
>3. Is is better to first file a complaint with police or directly with the
>court?
>
>
>Thanks,
>Regards,
>Victor
>

[Non-text portions of this message have been removed]











[Non-text portions of this message have been removed]

According to the website of Reliance Communications, they show that the offer
for free talktime has expired on 30-11-2010.
But when you recharge, they send you a SMS asking you to recharge with larger
value offering free talktime, which is same offer that is shown as expired on
their website.

This way they mislead the consumers by first getting their normal recharge
money, and then additional money if the consumer is lured by the offer and again
recharges to get the free offfer.

Had the consumer known of the offer beforehand from their website, he would have
recharged accordingly for the first time. But they don't want to do this. How
will they make money?

Regards
Arun

Govt may quash steep airfare hikes


Domestic flights during the forthcoming Christmas- New Year period could
surge to a staggering Rs 35,000 one way, airlines have warned.

Reacting to a public outcry over a sudden surge in domestic airfares last
month, civil aviation minister Praful Patel had ordered domestic airlines to
inform aviation regulator Directorate General of Civil Aviation ( DGCA) of
their proposed price bands. Patel is unlikely to be amused by the result.

Low- cost carriers ( LCCs) have proposed a cap on economy fares on Delhi-
Chennai and Delhi- Mumbai at an astonishing Rs 22,000 and Rs17,000 one way
for December.

Full service carriers Kingfisher, Jet and Air India have gone a step further
and proposed a maximum of Rs 35,000 and Rs 25,000 respectively for these
routes.

These rates are nearly five times the average fares prevalent in October.
The airlines have worked out their new fare for December on four different
distance bands: up to 750 kms; 750-1,000 kms; 1,000-1,400 kms and above
1,400 km. While the distance band will remain in these four categories, the
range of fares would vary every month.

Although full service carriers file their range of fares based on US Airline
Tariff Publishing Company, which feeds the global distribution system used
by websites and agents LCCs have their own system of filing ranges. However,
in both cases the fliers have been kept in dark about the airlines
overcharging from them as it has not been a practice of airlines sharing
details about the maximum they are charging for that month.

Reacting sharply, Patel said these proposals do not have a �guarantee� of
approval. �We will look into the interest of the aam admi as well and there
will be no exorbitant fares,� he told a TV channel.

The civil aviation ministry is expected to take a call on the issue as air
traffic in the country has been on a steady rise in recent months and has
increased by 18.3 per cent during January �October this year.

The government is also concerned about airlines overcharging as December and
January are peak season for travelers and airlines in India make most of
their profits during this period. A senior ministry official said the entire
purpose of keeping fares under check is futile if airlines propose such
inflated fares.

After studying the proposals, they will be fine tuned if need be to make
them more consumer-friendly, a ministry official said. The ministry is
likely to implement the new system "very soon," he added.

However the ministry has also said that the government will not interfere in
fare determination but will take steps to ensure that passengers are not
charged more than the maximum fares determined by airlines to cash in on
crunch situations.

The newly appointed aviation secretary Nasim Zaidi, during his stint as the
head of DGCA, had last month intervened when fares on routes like Delhi-
Mumbai had shot up by over 300 per cent. He had also asked airlines to
submit a route-wise tariff range every month.

http://beta.in.news.yahoo.com/govt-may-quash--steep-airfare-hikes.html

Forwarded by:

---------------------------

  Yours in Global Concern,

  A.SANKAR

Executive Director- EMPOWER - Centre for Consumer Education,Research and
Advocacy

Vice Chairman -Initiatives of Health Net (IHN)

Founder and General Secretary - Confederation of Indian Civil Society
Organisation�s (CICSO)

National Convener- National Alliance for Health, Environment and Rights (
NAFHER)

107J / 133E, Millerpuram

TUTICORIN-628 008, TN, INDIA

Telefax: 91 461 2310151; Mobile:   91 94431 48599: www.empowerindia.org

P

               Please don't print this e-mail unless you really need to.

              S.v.p. ne pas imprimer ce courriel � moins d�en avoir vraiment
besoin.









[Non-text portions of this message have been removed]

DGCA asks domestic airlines to fares on their websites


New Delhi, Dec 6 (PTI) Aviation regulator DGCA today directed all Indian
carriers to show route-wise and date-wise airfares on their websites by
Wednesday evening and ensure transparency so that flyers do not feel cheated by
high ticket prices.

A fresh directive was issued shortly after top officials of the Civil Aviation
Ministry and the Directorate General of Civil Aviation met representatives of
full-service carriers -- Air India, Jet Airways and Kingfisher.

DGCA had met officials of the no-frill carriers  IndiGo, Spicejet and GoAir, on
Saturday after issuing a directive asking all carriers to explain the high fares
they were charging.

In order to maintain transparency in tariff and enable predictability for
customers, all scheduled domestic airlines have been directed to "upload the
route wise tariff across its network in various fare categories commensurate
with date of purchase on their respective websites, in addition to adhering to
the directions issued on November 19", the directive said.

All airlines have agreed to comply with the directive that has to be implemented
"latest by 1700 hrs of December 8", an official spokesperson said.

The directive implies that the airlines would have to not only provide details
of route-wise fares but also detail them for each ''fare bucket''. Aircraft
seats are grouped into different categories, each at a distinct price. These
categories are referred to as ''fare buckets''.

At the two meetings, all airlines were briefed about the provisions of Rule 135
of the Aircraft Rules, 1937, which deals with publishing of tariff established
by them on their websites or in daily newspapers.

In view of the "sudden and inordinate surge" in airfares from November 15
particularly on the metro routes, all airlines were directed to bring tariffs to
a reasonable level, the spokesperson said.

Following this, the DGCA had issued a directive on November 19 asking airlines
to furnish a copy of established tariff route-wise across its network in various
fare categories to the DGCA on every first day of the calendar month.

"The response of the airlines to the notice was not satisfactory and as the
increase in tariff continued unabated, the DGCA commenced meetings with the CEOs
of the established domestic airlines on December 4 and 6 in order to remedy the
situation," the spokesperson said.

http://beta.in.news.yahoo.com/dgca-asks-domestic-airlines-fares-websites.html

Forwarded by:

---------------------------

  Yours in Global Concern,

  A.SANKAR

Executive Director- EMPOWER - Centre for Consumer Education,Research and
Advocacy

Vice Chairman -Initiatives of Health Net (IHN)

Founder and General Secretary - Confederation of Indian Civil Society
Organisation’s (CICSO)

National Convener- National Alliance for Health, Environment and Rights (
NAFHER)

107J / 133E, Millerpuram

TUTICORIN-628 008, TN, INDIA

Telefax: 91 461 2310151; Mobile:   91 94431 48599: www.empowerindia.org

P

               Please don't print this e-mail unless you really need to.

              S.v.p. ne pas imprimer ce courriel à moins d’en avoir vraiment
besoin.









[Non-text portions of this message have been removed]

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[Non-text portions of this message have been removed]

Dear Sirs,

I'm your customer for more than a decade.

Now I have every reason to believe that you are committing fraudulence
with my credit card statements for quite sometime.

  From today onwards I shall not make any payments  to any of your credit
card statements, till a responsible official meet me and explain me the
statements in full details. I DO HEREBY SURRENDER MY MANHATTAN CREDIT
CARD FORTHWITH.The card will be cut in for orthogonal pieces and
returned to you by courier after some time.

I have already warned one of your customer relationship managers on this
issue, who  have been  appointed just to suck and squeeze money from
old,honest and bonafide customers.To me, they are all cheats!! :-(

Watching your reactions , I shall take up the issue with ombudsman and
then with RBI.

Thanks,
Dipak  Bhattacharya / Delhi
==========================










On 1/14/2011 9:44 PM, estatement.in@... wrote:
>
> Here is your credit card statement dated 13-Jan-2011.
>



[Non-text portions of this message have been removed]

Dear Dipak,
I believe you should have addressed this email to the following:
customer.care@...@sc.com
Because I feel that you had attempted to forward a credit card statement but
which got fortunately truncated by the Yahoogroups server. It is not advisable
to share confidential information like credit cards across emails itself and
sharing them on a public forum would be dangerous.
>>From today onwards I shall not make any payments to any of your credit  card
statements, till a responsible official meet me and explain me thestatements in
full details.
I would say you should also approach an Ombudsman and/or file a suit against
Standard Chartered Bank because just delaying the payment they might take the
route of tarnishing your CIBIL credit history. Standard Chartered is sure
chaired by a lazy jet of jokers and hence we ought to be proactive in making
them to work.Thanks and Regards,

Deepak VasudevanLinkedIn | FaceBook
Quoting <Dipak>:
Dear Sirs,

I'm your customer for more than a decade.

Now I have every reason to believe that you are committing fraudulence
with my credit card statements for quite sometime.

From today onwards I shall not make any payments to any of your credit
card statements, till a responsible official meet me and explain me the
statements in full details. I DO HEREBY SURRENDER MY MANHATTAN CREDIT
CARD FORTHWITH.The card will be cut in for orthogonal pieces and
returned to you by courier after some time.

I have already warned one of your customer relationship managers on this
issue, who have been appointed just to suck and squeeze money from
old,honest and bonafide customers.To me, they are all cheats!! :-(

Watching your reactions , I shall take up the issue with ombudsman and
then with RBI.

Thanks,
Dipak Bhattacharya / Delhi
==========================










On 1/14/2011 9:44 PM, estatement.in@... wrote:
>
> Here is your credit card statement dated 13-Jan-2011.
>



[Non-text portions of this message have been removed]


[Non-text portions of this message have been removed]

To trainenquiry.com


Your site is STILL showing Saraighat Express : No Delay whereas the train
has been rescheduled by more than 16 hours! I have sent my son from Shillong
to Guwahati depending on the information on your site. He is now staying at
a hotel. Will you bear the hotel charges?

This e-mail will be forwarded to different consumer forums.

Dhruva Chowdhury


[Non-text portions of this message have been removed]

Dear All,
Just saw a new grievance some one shared out in Bharti Airtel's Facebook page
that the organization is ushering on to reject Port Out requests by bluntly
quoting "There are subsisting contractual obligation from the subscriber
agreement.". I have captured a screenshot of the message since Bharti Airtel
would remove it from the fan page once they start viewing it in the morning.
Not sure what is the objective of this Cheap Ploy deployed by them:
Gathering fast bucks out of the non-refundable PORT charges (19 Rs from 19
million really makes a great fortune for them)Gathering INR 3 per text message
to 1900. Not sure if they are really maintaining it toll-free or deducting it
behind the scenes.
Bharti and Vodafone were the culprits behind delaying the technological
innovation of number portability for more than three years in the row. Since the
government and DoT has struggled and deployed it now they are trying to harass
in a different way.
Cc:
TRAIMinistry of Information and TelecommunicationsClearing
Houses:TelcordiaSyniverse
Going by the poster's name (since the location is based on Hyderabad) I am also
including Telcordia (the MNP clearinghouse into the conversation of this email)
to investigate into the corruption that is being attempted to be seeded by
Bharti Airtel. Interestingly the poster
(http://www.facebook.com/profile.php?id=1091748434) profile shows that he is
working in AT&T which is itself a leading telecommunications provider in US.
Hence I don't think he would be crazy to submit an incomplete port request
non-conforming to the stipulated guidelines.
Let us try and ensure this new breed high-tech corruption envisaged by Bharti
Airtel group is nipped out right in the inception rather than leaving it to
rot-n-stink.
Thanks and Regards,

Thanks and Regards,

Deepak VasudevanLinkedIn | FaceBook
   ----------

�PNG


   ----------

�PNG



[Non-text portions of this message have been removed]

Completely agree, I've been a thorough victim of Airtel myself.  Sent from my
Windows Phone

-----Original Message-----
From: Deepak Vasudevan
Sent: 28 January 2011 02:01
To: consumer_voice_india@yahoogroups.com
Cc: ap@...; trai@...; mocit@...; ksibal@...;
kapil@...; kapilsibal@...; dwalker@...;
m_webteam@...; mike.dennin@...;
mark.rowan@...
Subject: [Consumer Voice India] Cheap Ploy by Bharti Airtel to Retain Customers
by Denying Port Out Requests

Dear John,

This is with reference to your article on "Mobile number portability flops in
India" at
(http://www.networkworld.com/news/2011/020811-mobile-number-portability-flops-in\
.html?hpg1=bn).  I appreciate your article and the comprehensive coverage on the
topic.


Furthermore I would also like to cite a few more pointers from a few hysteric
behavior of select operators. Most notably Bharti Airtel seems to be deploying
unscrupulous strategies in denying port out requests for the customers. I would
like to draw your attention to the following resources that throw more
information into this perspective:
http://www.facebook.com/pages/Quit-Airtel-Movement/180591761983370
http://broadbandforum.in/airtel-customer-care-powered-airtel/65385-airtel-not-le\
tting-me-port/
I am also trying to include TRAI, Syniverse and Telcordia into the conversation
of this note to see if they can chip in and enforce some sort of discipline into
the atmosphere. We are already seeing and experiencing a scam-tainted blurry
sheen-less lustre-less telecom cloud thanks to the erstwhile lead of the
ministry (Mr. Andimuthu Raja) [Source Courtesy:
http://netindian.in/news/2011/02/19/00011105/2g-spectrum-scam-cbi-questions-raja\
s-relative]. And now Bharti seems to be racing in and ushering fast to grab a
coveted position like a telecom mafia house by resorting to next level of weird
hysteric gimmicks.



I have also attached a copy of Immature Amateurish Reasons cited by Bharti
Airtel along with this note (grabbed from
http://www.facebook.com/topic.php?uid=180591761983370&topic=646)


I would again appreciate IDG team for initiating a good brainstorming of the
topic which pioneered to get us a good research into the unscrupulous business
practices of a particular telecom operator from the rest of the cloud. When
everyone else is competing for the 'numbers' based on quality of service, it is
shameless for Bharti to deploy such 'crooked' practices. Even for us as a reader
some of the remarks made by a few users sound so much derogatory and disgusting.
I wonder being a business house are they essentially morphing themselves to be
so much thick-skinned?


Let us hope that Bharti Airtel does some serious and truthful introspection and
getting the deep-rooted maladies in the organization remedied at the earliest.


Cc:
TRAI
DoT and Ministry
CVI
Nodal Desks of Bharti Airtel Mobile Circles
Appellate Desks of Bharti Airtel Mobile Circles
Thanks and Regards,


Deepak Vasudevan







[Non-text portions of this message have been removed]

Dear Ms. Preeti Chhabria,
It is beyond my scope to fix your systems. The query was for mobile number 93702
91155 and not 9324510972. I request you to email me the detials of dues pending
with Reliance within next 2 days (by 24 March 2011). I shall pay the dues within
2 days after receiving the bill.  In case I not receive the same, I shall
consider the issue closed. Any further demand from or on behalf of RCOM for any
kind of payment would be considered extortion attempt and dealt with
accordingly.
Regards
Pramod Chaudhary


   ----- Original Message -----
   From: customercare@...
   To: Pramod Chaudhary
   Sent: Tuesday, March 22, 2011 7:15 AM
   Subject: RE:'Reliance=008-073-161' Reference your e-mail


   Dear Customer,


   Thank you for contacting Reliance Customer Care.

   We understand the inconvenience caused to you and take this as feedback to
improve our service to meet your expectations.

   This is with reference to your e-mail received at Customer Care regarding
Reliance Mobile number 9324510972. Kindly note that as per our records your
Reliance Mobile number 9324510972 has been terminated. We request you to visit
our nearest Reliance town office location for further assistance.



   The list of Reliance town office locations is attached for your ready
reference.



   Regards,



   Mohammad Aslam Kande

   Customer Care
   Reliance Communications



   For further details, you can visit our web-site www.rcom.co.in or write to us
at customercare@....



   You may also call on *222 or 198 (Both are Toll free) from your Reliance Phone
or 3033 4343 Chargeable from any other phone.



   You can view your bills and make payments online through
http://myservices.relianceada.com for all RCOM services.

   Please register yourself on the portal. For difficulties in registration,
please write to myservices@...



   Please note that your message will not be delivered if it exceeds the size
limit of 5 MB per mail (including attachments).

   Requesting you to please create a shorter message (including attachments) with
size less than or equal to the allowed mail limit in all your future
communication.



   The information provided is based on prevailing terms and conditions of the
company, which, are subject to change without prior notice.



   This electronic message transmission contains information from Reliance
Communications Ltd and is confidential or privileged. The information is
intended to be for the use of the individual or entity named above. If you are
not the intended recipient, beware that any disclosure, copy distribution or use
of the contents of this information is prohibited. If you have received the
electronic transmission in error please notify us immediately.


   -----Original Message-----
   From:   Pramod Chaudhary (pramod.chaudhary@...)
   Date:   Saturday, March 19, 2011  01:38 PM
   To:   customercare@... (customercare@...)
   Cc:   Rcomnodalofficer.MH@...
(Rcomnodalofficer.MH@...)
   Subject:  Final settlement

         Hi,
         I have recently moved from Reliance to another operator. My login at
http://myservices.relianceada.com shows me pending bill with due date of
29/Mar/11 and 2/Apr/11.
         Of the two, I am unable to open and see the detials of the bill with due
date 2/apr.
         I have following questions :
         1. Why are 2 bills generated ?
         2. Is outstanding of first bill inculded in second ?
         3. Could you please email me a copy latest bill ?
         4. Could you please confirm that this is full and final settlement and
after payment of this bill I have no dues pending with RCOM ?

         Regards
         Pramod Chaudhary




[Non-text portions of this message have been removed]

Mr.Narindra Raheja ( Appellate Authority MH & Goa),
I have made the payment as per the last bill that I have received. I understand
that I have no more dues pending with RCOM. I would require a an email or
written confirmation from RCOM that full and final settlement is done for phone
no 93702 91155 and no more dues are pending.
If your customer care is not in a position to provide the above mentioned "NO
DUES" email, please forward my request to officials (with CC to me) who can
provide me the same.
I am sure, RCOM being a telecom/internet pioneer, provides email id to all its
officials/offices.
Regards
Pramod Chaudhary


   ----- Original Message -----
   From: customercare@...
   To: pramod.chaudhary@...
   Sent: Saturday, March 26, 2011 3:40 PM
   Subject: 'Reliance=008-114-067' Reference your e-mail


   Dear Customer,



   Thank you for contacting Reliance Customer Care.



   This is with reference to your e-mail and subsequent telephonic conversation
had with you on number 9370291155 regarding services issue. Please note that as
per our records Reliance Mobile number 9370291155 has been terminated. We
request you to visit our nearest Reliance town office location for further
assistance.

   The list of Reliance town office locations is attached for your ready
reference.
   Also to your e-mail regarding payment, please note that the payment made by
you of Rs. 754.71/- has been received by us and the same has been updated in our
records.

   Regards,


   Namrata Bhosale

   Customer Care
   Reliance Communications



   For further details, you can visit our web-site www.rcom.co.in or write to us
at customercare@....



   You may also call on *222(chargeable) or 198 (Both are Toll free) from your
Reliance Phone or 3033 3333 from any other phone.



   You can view your bills and make payments online through
http://myservices.relianceada.com for all RCOM services.

   Please register yourself on the portal. For difficulties in registration,
please write to myservices@...



   Please note that your message will not be delivered if it exceeds the size
limit of 5 MB per mail (including attachments).

   Requesting you to please create a shorter message (including attachments) with
size less than or equal to the allowed mail limit in all your future
communication.



   The information provided is based on prevailing terms and conditions of the
company, which, are subject to change without prior notice.



   This electronic message transmission contains information from Reliance
Communications Ltd and is confidential or privileged. The information is
intended to be for the use of the individual or entity named above. If you are
not the intended recipient, beware that any disclosure, copy distribution or use
of the contents of this information is prohibited. If you have received the
electronic transmission in error please notify us immediately.

   ----- Original Message -----
   From: Pramod Chaudhary
   To: Rcomappellateauthority.Mumbai@...
   Cc: customercare@... ; ap@... ;
Rcomnodalofficer.MH@...
   Sent: Friday, March 25, 2011 8:57 AM
   Subject: URGENT : NO RESPONSE FOR A WEEK.


   Mr.Narindra Raheja ( Appellate Authority MH & Goa),
   I regret to inform you that over a weeks time RCOM customer care as well as
Nodal officer (MH & Goa) have failed to respond to my queries (first email in
the trail below) or email me an updated bill. Even now I am unable to view the
bill on your online portal.
   I will not be in a position to make any futher payments unless I recieve a
repsonse from RCOM.
   Any further charges or damage arising of this delay shall be solely RCOMs
responsibility
   Regards
   Pramod Chaudhary


     ----- Original Message -----
     From: Pramod Chaudhary
     To: Rcomnodalofficer.MH@...
     Cc: customercare@... ; ap@... ;
Rcomappellateauthority.Mumbai@... ;
Consumer_Voice_India@yahoogroups.com
     Sent: Tuesday, March 22, 2011 8:01 AM
     Subject: Re: RE:'Reliance=008-073-161' Reference your e-mail


     Dear Ms. Preeti Chhabria,
     It is beyond my scope to fix your systems. The query was for mobile number
93702 91155 and not 9324510972. I request you to email me the detials of dues
pending with Reliance within next 2 days (by 24 March 2011). I shall pay the
dues within 2 days after receiving the bill.  In case I not receive the same, I
shall consider the issue closed. Any further demand from or on behalf of RCOM
for any kind of payment would be considered extortion attempt and dealt with
accordingly.
     Regards
     Pramod Chaudhary


       ----- Original Message -----
       From: customercare@...
       To: Pramod Chaudhary
       Sent: Tuesday, March 22, 2011 7:15 AM
       Subject: RE:'Reliance=008-073-161' Reference your e-mail


       Dear Customer,


       Thank you for contacting Reliance Customer Care.

       We understand the inconvenience caused to you and take this as feedback to
improve our service to meet your expectations.

       This is with reference to your e-mail received at Customer Care regarding
Reliance Mobile number 9324510972. Kindly note that as per our records your
Reliance Mobile number 9324510972 has been terminated. We request you to visit
our nearest Reliance town office location for further assistance.



       The list of Reliance town office locations is attached for your ready
reference.



       Regards,



       Mohammad Aslam Kande

       Customer Care
       Reliance Communications



       For further details, you can visit our web-site www.rcom.co.in or write to
us at customercare@....



       You may also call on *222 or 198 (Both are Toll free) from your Reliance
Phone or 3033 4343 Chargeable from any other phone.



       You can view your bills and make payments online through
http://myservices.relianceada.com for all RCOM services.

       Please register yourself on the portal. For difficulties in registration,
please write to myservices@...



       Please note that your message will not be delivered if it exceeds the size
limit of 5 MB per mail (including attachments).

       Requesting you to please create a shorter message (including attachments)
with size less than or equal to the allowed mail limit in all your future
communication.



       The information provided is based on prevailing terms and conditions of
the company, which, are subject to change without prior notice.



       This electronic message transmission contains information from Reliance
Communications Ltd and is confidential or privileged. The information is
intended to be for the use of the individual or entity named above. If you are
not the intended recipient, beware that any disclosure, copy distribution or use
of the contents of this information is prohibited. If you have received the
electronic transmission in error please notify us immediately.


       -----Original Message-----
       From:   Pramod Chaudhary (pramod.chaudhary@...)
       Date:   Saturday, March 19, 2011  01:38 PM
       To:   customercare@... (customercare@...)
       Cc:   Rcomnodalofficer.MH@...
(Rcomnodalofficer.MH@...)
       Subject:  Final settlement

             Hi,
             I have recently moved from Reliance to another operator. My login at
http://myservices.relianceada.com shows me pending bill with due date of
29/Mar/11 and 2/Apr/11.
             Of the two, I am unable to open and see the detials of the bill with
due date 2/apr.
             I have following questions :
             1. Why are 2 bills generated ?
             2. Is outstanding of first bill inculded in second ?
             3. Could you please email me a copy latest bill ?
             4. Could you please confirm that this is full and final settlement
and after payment of this bill I have no dues pending with RCOM ?

             Regards
             Pramod Chaudhary




[Non-text portions of this message have been removed]

Mr.Narindra Raheja ( Appellate Authority MH & Goa),
This a gentle reminder to please reply to the email sent earlier
Regards
Pramod Chaudhary

   ----- Original Message -----
   From: Pramod Chaudhary
   To: Rcomappellateauthority.Mumbai@...
   Cc: customercare@... ; ap@... ;
Rcomnodalofficer.MH@... ; Consumer_Voice_India@yahoogroups.com
   Sent: Saturday, March 26, 2011 5:41 PM
   Subject: Re: URGENT : NO RESPONSE FOR A WEEK.


   Mr.Narindra Raheja ( Appellate Authority MH & Goa),
   I have made the payment as per the last bill that I have received. I
understand that I have no more dues pending with RCOM. I would require a an
email or written confirmation from RCOM that full and final settlement is done
for phone no 93702 91155 and no more dues are pending.
   If your customer care is not in a position to provide the above mentioned "NO
DUES" email, please forward my request to officials (with CC to me) who can
provide me the same.
   I am sure, RCOM being a telecom/internet pioneer, provides email id to all its
officials/offices.
   Regards
   Pramod Chaudhary


     ----- Original Message -----
     From: customercare@...
     To: pramod.chaudhary@...
     Sent: Saturday, March 26, 2011 3:40 PM
     Subject: 'Reliance=008-114-067' Reference your e-mail


     Dear Customer,



     Thank you for contacting Reliance Customer Care.



     This is with reference to your e-mail and subsequent telephonic conversation
had with you on number 9370291155 regarding services issue. Please note that as
per our records Reliance Mobile number 9370291155 has been terminated. We
request you to visit our nearest Reliance town office location for further
assistance.

     The list of Reliance town office locations is attached for your ready
reference.
     Also to your e-mail regarding payment, please note that the payment made by
you of Rs. 754.71/- has been received by us and the same has been updated in our
records.

     Regards,


     Namrata Bhosale

     Customer Care
     Reliance Communications



     For further details, you can visit our web-site www.rcom.co.in or write to
us at customercare@....



     You may also call on *222(chargeable) or 198 (Both are Toll free) from your
Reliance Phone or 3033 3333 from any other phone.



     You can view your bills and make payments online through
http://myservices.relianceada.com for all RCOM services.

     Please register yourself on the portal. For difficulties in registration,
please write to myservices@...



     Please note that your message will not be delivered if it exceeds the size
limit of 5 MB per mail (including attachments).

     Requesting you to please create a shorter message (including attachments)
with size less than or equal to the allowed mail limit in all your future
communication.



     The information provided is based on prevailing terms and conditions of the
company, which, are subject to change without prior notice.



     This electronic message transmission contains information from Reliance
Communications Ltd and is confidential or privileged. The information is
intended to be for the use of the individual or entity named above. If you are
not the intended recipient, beware that any disclosure, copy distribution or use
of the contents of this information is prohibited. If you have received the
electronic transmission in error please notify us immediately.

     ----- Original Message -----
     From: Pramod Chaudhary
     To: Rcomappellateauthority.Mumbai@...
     Cc: customercare@... ; ap@... ;
Rcomnodalofficer.MH@...
     Sent: Friday, March 25, 2011 8:57 AM
     Subject: URGENT : NO RESPONSE FOR A WEEK.


     Mr.Narindra Raheja ( Appellate Authority MH & Goa),
     I regret to inform you that over a weeks time RCOM customer care as well as
Nodal officer (MH & Goa) have failed to respond to my queries (first email in
the trail below) or email me an updated bill. Even now I am unable to view the
bill on your online portal.
     I will not be in a position to make any futher payments unless I recieve a
repsonse from RCOM.
     Any further charges or damage arising of this delay shall be solely RCOMs
responsibility
     Regards
     Pramod Chaudhary

       ----- Original Message -----
       From: Pramod Chaudhary
       To: Rcomnodalofficer.MH@...
       Cc: customercare@... ; ap@... ;
Rcomappellateauthority.Mumbai@... ;
Consumer_Voice_India@yahoogroups.com
       Sent: Tuesday, March 22, 2011 8:01 AM
       Subject: Re: RE:'Reliance=008-073-161' Reference your e-mail


       Dear Ms. Preeti Chhabria,
       It is beyond my scope to fix your systems. The query was for mobile number
93702 91155 and not 9324510972. I request you to email me the detials of dues
pending with Reliance within next 2 days (by 24 March 2011). I shall pay the
dues within 2 days after receiving the bill.  In case I not receive the same, I
shall consider the issue closed. Any further demand from or on behalf of RCOM
for any kind of payment would be considered extortion attempt and dealt with
accordingly.
       Regards
       Pramod Chaudhary


         ----- Original Message -----
         From: customercare@...
         To: Pramod Chaudhary
         Sent: Tuesday, March 22, 2011 7:15 AM
         Subject: RE:'Reliance=008-073-161' Reference your e-mail


         Dear Customer,


         Thank you for contacting Reliance Customer Care.

         We understand the inconvenience caused to you and take this as feedback
to improve our service to meet your expectations.

         This is with reference to your e-mail received at Customer Care
regarding Reliance Mobile number 9324510972. Kindly note that as per our records
your Reliance Mobile number 9324510972 has been terminated. We request you to
visit our nearest Reliance town office location for further assistance.



         The list of Reliance town office locations is attached for your ready
reference.



         Regards,



         Mohammad Aslam Kande

         Customer Care
         Reliance Communications



         For further details, you can visit our web-site www.rcom.co.in or write
to us at customercare@....



         You may also call on *222 or 198 (Both are Toll free) from your Reliance
Phone or 3033 4343 Chargeable from any other phone.



         You can view your bills and make payments online through
http://myservices.relianceada.com for all RCOM services.

         Please register yourself on the portal. For difficulties in
registration, please write to myservices@...



         Please note that your message will not be delivered if it exceeds the
size limit of 5 MB per mail (including attachments).

         Requesting you to please create a shorter message (including
attachments) with size less than or equal to the allowed mail limit in all your
future communication.



         The information provided is based on prevailing terms and conditions of
the company, which, are subject to change without prior notice.



         This electronic message transmission contains information from Reliance
Communications Ltd and is confidential or privileged. The information is
intended to be for the use of the individual or entity named above. If you are
not the intended recipient, beware that any disclosure, copy distribution or use
of the contents of this information is prohibited. If you have received the
electronic transmission in error please notify us immediately.


         -----Original Message-----
         From:   Pramod Chaudhary (pramod.chaudhary@...)
         Date:   Saturday, March 19, 2011  01:38 PM
         To:   customercare@... (customercare@...)
         Cc:   Rcomnodalofficer.MH@...
(Rcomnodalofficer.MH@...)
         Subject:  Final settlement

               Hi,
               I have recently moved from Reliance to another operator. My login
at http://myservices.relianceada.com shows me pending bill with due date of
29/Mar/11 and 2/Apr/11.
               Of the two, I am unable to open and see the detials of the bill
with due date 2/apr.
               I have following questions :
               1. Why are 2 bills generated ?
               2. Is outstanding of first bill inculded in second ?
               3. Could you please email me a copy latest bill ?
               4. Could you please confirm that this is full and final settlement
and after payment of this bill I have no dues pending with RCOM ?

               Regards
               Pramod Chaudhary




[Non-text portions of this message have been removed]

Another MLM scam in the happening, this time under the pretext of an online
survey
October 08, 2010 05:22 PM |



var addthis_options =
'email,facebook,twitter,favorites,google,digg,live,delicious,stumbleupon,
reddit,more';
                 var addthis_exclude = 'print';



Moneylife Digital Team


An MLM company that claims to be Asia’s largest online survey company, does
not even have an office address or a telephone number but is offering to
‘pay’ $10 just for filling out online surveys
Speak Asia Online, which claims to be based in Singapore, is spreading its
multi-level marketing (MLM) wings in India under the pretext of online surveys.
As is usual in any MLM scheme, this company also makes big claims about
earnings, but fails to provide any documentary evidence for the same.
The company asks new customers or subscribers to pay $120 (standard) or $220
(premium) for becoming a panellist for one year. However, it says the fee is for
its e-bulletin for one year. It clearly says: "You can remain a panellist and
earn from Speak Asia only as long as your subscription to E-Bulletin is in
force." This means, before earning a single penny, you need to pay the company
upfront. After the one-year period, one needs to renew the subscription. There
is no mention of renewal fees.
Speak Asia Online sends its surveys mostly on Wednesday to all subscribers. Each
survey takes around 40 minutes to complete. It says: "The first eight weeks are
treated as a training period and the company provides you feedback on
incorrectly filled surveys." After that period, any incomplete or incorrect
surveys are rejected and the company does not pay for it.
The company assures that it will make the payment in local currency through
direct bank transfers. The catch here is that one has to pay bank transfer
charges of 3% or minimum $7.5 per payment. In case you have earned $10 for the
month, you would get payment of $2.5 only, as $7.5 from the total payment would
get deducted as bank transfer charges.
Speak Asia Online says it provides income in reward points (one reward point is
$1). It awards up to seven reward points per week for a standard panellist and
20 reward points to a premium panellist. It offers survey income as well as
passive income that one earns by adding more people into a down-line. However,
for the next day's incentive calculations, it does not consider the weaker line.
It says: "Weaker leg is flushed out whereas the stronger leg is always carried
forward for next day's incentive calculation."
Although the company offers to pay for filling out surveys online, it fails to
mention that for doing this job one requires minimum knowledge of English and
the Internet.
Speakasiaonline.com is hosted in the US on the GoDaddy.com server and the
hosting services will expire on 21 January 2011. Besides that, there is no
information available on the domain, its owners, their addresses and contact
details.
The company website does provide links for all countries and major cities but
directs all queries to its Singapore address only, which neither has a telephone
number nor any email ID. Except India, the so called 'good income business
opportunity' does not exist for other countries.
According to a complaint posted on India-complaints.com, this company has
changed its name three times over the past five years and is blacklisted for
non-compliance in Singapore.

Its website, speakasiaonline.com does have a link for legal documents but
provides the legal documents not of the company but generic documents from the
Customs Department, the Reserve Bank of India (RBI) and so on.
Speak Asia Online shows no evidence about the legality of its business or any
registration certificate issued by government authorities. All the company can
show as evidence is a registration certificate issued by the Singapore
government. The issuing authority of this certificate, Registrar of Companies
and Businesses, however, has clearly stated that the certificate of good
standing or any of its contents shall not be reproduced, republished, uploaded,
posted, transmitted or otherwise distributed in any way without prior permission
of the Accounting and Corporate Regulatory Authority (ACRA), Singapore.
In addition, there is no mention of its promoter or top management on the site.
In fact, there are no names on the website. All one can see is just names of its
'dealers' and their bank account numbers.








148 Comments




PAWAN VERMA 3 weeks ago

THANKS FOR GIVING FULL DETAIL FOR THIS SCAM COMPANY...U SAVED MY 11000 RS..
THANKS...


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  devendra tiwari 4 days ago  in reply to PAWAN VERMA


I have invested in it and i have got my money back in 3 months others companies
who dont others to invest in this company will always tell it fraud if u cant
take risk of 11000 what will u do in your life



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  Bina Gupta 14 minutes ago  in reply to Devendra Tiwari


speakasiaonline as it claims to be the largest survey company forgot to conduct
market research on their own concept before entering the indian market, that
itself shows they are novices in the field, and now people like us find it
difficult to complete surveys because their server is forever down, and that is
when they are catering to a million odd people only,when you bring it up with
them all they can say is we did not expect such a response, had they done the
research we would have been spared the agony, why can't they learn something
from google or facebook. secondly their reps in India are rude, unprofessional
uncouth guys. thirdly it suffers from delusions that it provides opportunity to
Indians to enhance their life, (Sic!) as mentioned by their reps, I didn't know
we are such a poor nation dying of hunger that some random company from
Singapore will act like our Godfather, the fact is they came to India sniffing
big bucks, to improve their own
  ifestyle. They better treat us with respect as we are equal partners who have
invested our time, energy and money, exploited our contacts to make it what it
is today. To top it all most of the surveys are wrong so they will throw up
wrong data, I have been in market research for 15 years never have I seen such
surveys. They are not doing us a favour by paying us, every company you invest
in gives you return on investment as per their company policy.



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  Ak Sharma 2 weeks ago  in reply to PAWAN VERMA


check this court notice given to speak asia

http://mlmnewsblog.com/2011/04/speak-asi...

[Non-text portions of this message have been removed]

Dear Sir,
�
Pease see the attached power point show and decide what can be the solution
�
regards
�
Vijay Sagar
�

�

[Non-text portions of this message have been removed]

Dear Vijay,

I think the attachment gets dropped out. I would suggest if you could share
the attachment in Google Docs (http://docs.google.com/) or Zoho Show (
http://show.zoho.com/) and send out the same it would be easy for others to
follow.

On Wed, Apr 20, 2011 at 4:45 AM, <Consumer_Voice_India@yahoogroups.com>wrote:

>   Voice of the consumers in  INDIA
>
<http://groups.yahoo.com/group/Consumer_Voice_India;_ylc=X3oDMTJkcTF2bTl0BF9TAzk\
3MzU5NzE1BGdycElkAzQyMDY5OTAEZ3Jwc3BJZAMxNzA1NzU0MzY4BHNlYwNoZHIEc2xrA2hwaARzdGl\
tZQMxMzAzMjg5MTA3>
>  Messages In This Digest (1 Message)
>  1.  Mind Blowing Company-It will OPEN YOUR EYES!!!!
<#12f721592f7610f5_1>From: vijay sagar
>  View All
Topics<http://groups.yahoo.com/group/Consumer_Voice_India/messages;_ylc=X3oDMTJm\
OGtwdjJzBF9TAzk3MzU5NzE1BGdycElkAzQyMDY5OTAEZ3Jwc3BJZAMxNzA1NzU0MzY4BHNlYwNkbXNn\
BHNsawNhdHBjBHN0aW1lAzEzMDMyODkxMDc-?xm=1&m=p&tidx=1>| Create
> New
Topic<http://groups.yahoo.com/group/Consumer_Voice_India/post;_ylc=X3oDMTJmaTduZ\
2RoBF9TAzk3MzU5NzE1BGdycElkAzQyMDY5OTAEZ3Jwc3BJZAMxNzA1NzU0MzY4BHNlYwNkbXNnBHNsa\
wNudHBjBHN0aW1lAzEzMDMyODkxMDc->
>  Message
>  1.   Mind Blowing Company-It will OPEN YOUR EYES!!!!
>
<http://groups.yahoo.com/group/Consumer_Voice_India/message/3177;_ylc=X3oDMTJxNW\
9xYmNnBF9TAzk3MzU5NzE1BGdycElkAzQyMDY5OTAEZ3Jwc3BJZAMxNzA1NzU0MzY4BG1zZ0lkAzMxNz\
cEc2VjA2Rtc2cEc2xrA3Ztc2cEc3RpbWUDMTMwMzI4OTEwNw--> Posted
> by: "vijay sagar" vsagar1963@...
>
<vsagar1963@...?Subject=+Re%3A%20Mind%20Blowing%20Company-It%20will%20OP\
EN%20YOUR%20EYES%21%21%21%21>  vsagar1963
> <http://profiles.yahoo.com/vsagar1963>  Wed Apr 20, 2011 12:05 am (PDT)
>
>
>
>
> Dear Sir,
>
> Pease see the attached power point show and decide what can be the solution
>
> regards
>
> Vijay Sagar
>
>
>
>
> [Non-text portions of this message have been removed]
>
>   Back to top <#12f721592f7610f5_toc>
>  Reply to sender
>
<vsagar1963@...?Subject=Re%3A%20Mind%20Blowing%20Company-It%20will%20OPE\
N%20YOUR%20EYES%21%21%21%21>| Reply
> to group
>
<Consumer_Voice_India@yahoogroups.com?Subject=+Re%3A%20Mind%20Blowing%20Company-\
It%20will%20OPEN%20YOUR%20EYES%21%21%21%21>| Reply
> via web post
>
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9TAzk3MzU5NzE1BGdycElkAzQyMDY5OTAEZ3Jwc3BJZAMxNzA1NzU0MzY4BG1zZ0lkAzMxNzcEc2VjA2\
Rtc2cEc2xrA3JwbHkEc3RpbWUDMTMwMzI4OTEwNw--?act=reply&messageNum=3177>
>  Messages in this topic
>
<http://groups.yahoo.com/group/Consumer_Voice_India/message/3177;_ylc=X3oDMTM1ZG\
JjaGY5BF9TAzk3MzU5NzE1BGdycElkAzQyMDY5OTAEZ3Jwc3BJZAMxNzA1NzU0MzY4BG1zZ0lkAzMxNz\
cEc2VjA2Rtc2cEc2xrA3Z0cGMEc3RpbWUDMTMwMzI4OTEwNwR0cGNJZAMzMTc3>(1)
>     Recent Activity
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pbWUDMTMwMzI4OTEwNw-->
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>
> Sponsored
Search<http://global.ard.yahoo.com/SIG=15leirbhi/M=493064.14543952.14365456.8674\
578/D=groups/S=1705754368:NC/Y=YAHOO/EXP=1303296307/L=7e731f72-6b2a-11e0-9ecf-43\
6fda1ced29/B=2Wtvd0oGYmg-/J=1303289107583939/K=35PX.jTC5H.OePy3fz3xvA/A=4025338/\
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[Non-text portions of this message have been removed]

BEWARE: RAILWAY FOOD IS BEING SOLD AT DOUBLE THE PRICES

It has been observed that in almost all the trains the food is being sold at
double the rates.

Following are the rates fixed by the railways as also displayed on their
website.

LIST OF FOOD PRICES IN TRAIN

Veg Cutlet 150gms 2 pieces with one bread slice Rs 12
Omlette (2 eggs) with one bread slice Rs 12
Veg Pulao / Briyani 450 gms Rs 20
Masala Dosa with Sambhar Rs 12
Bread Pakora 2 slices Rs 10

Tea with tea bag Rs 4
Coffee Rs 5

Janta Meal in cardboard boxes Rs 10
Standard Veg breakfast Rs 17
Standard nonveg breakfast Rs 20
Veg Meal in Thali Rs 22
Non veg meal in Thali Rs 27
Casserole Veg meal with mineral water Rs 30
Casserole Non veg meal with mineral water Rs 35

As per the Standards of Weights and Measures (Packaged Commodities) Rules, 1977
all packed items should bear label disclosing its contents, weight, price,
manufacturer/dealer's details, manufacturing date and expiry date.

Railways are openly violating these rules.

None of the food packets sold by the Railways displays the contents and the
rates purposely, so that the consumer remains unaware of the quantity of what he
is buying and what is the correct price for paying.

It is not that the officers do not know about this. They get their share to keep
their eyes closed. I had complained to the Chairman of Railway Board and also
the Railway minister many times. But we know these bribe taking officers will
not do anything.

To stop this menace, the consumers have to start asking for bill and confront
any vendor who sells at higher prices. But very few Indians have these guts.
It's a shame that we become a part of this corruption by paying high prices of
food in trains.

If you come across such corrupt practices, send e-mails to vigilance department
at following addresses;
  edve@..., amvig@..., edvt@...,
edvs@..., amvig@..., edva@...

Send e-mails also to the minister and railway board officers at:
mr@..., msrm@..., msrb@...,
dctg@...


Issued in public interest by:

Mr. Arun Saxena
President
International Consumer Rights Protection Council
www.consumergrievance.com

Railways charge double the rates prescribed for selling food in trains. Print a
menu card and keep handy when travelling in train. Do not pay more. Ask for
bill. Refer the rates at this link
https://www.irctc.co.in/beta_htmls/irctc_menu.html

I came to know that they are putting up an office at Goregaon shortly. Also
deducting TDS.
Pls confirm. I am not yet in that.
regards
panda

--- In Consumer_Voice_India@yahoogroups.com, vijay sagar <vsagar1963@...> wrote:
>
> Another MLM scam in the happening, this time under the pretext of an online
survey
> October 08, 2010 05:22 PM |
>
>
>
> var addthis_options =
'email,facebook,twitter,favorites,google,digg,live,delicious,stumbleupon,
reddit,more';
>                 var addthis_exclude = 'print';
>
>
>
> Moneylife Digital Team
>
>
> An MLM company that claims to be Asia’s largest online survey company, does
not even have an office address or a telephone number but is offering to
‘pay’ $10 just for filling out online surveys
> Speak Asia Online, which claims to be based in Singapore, is spreading its
multi-level marketing (MLM) wings in India under the pretext of online surveys.
As is usual in any MLM scheme, this company also makes big claims about
earnings, but fails to provide any documentary evidence for the same.
> The company asks new customers or subscribers to pay $120 (standard) or $220
(premium) for becoming a panellist for one year. However, it says the fee is for
its e-bulletin for one year. It clearly says: "You can remain a panellist and
earn from Speak Asia only as long as your subscription to E-Bulletin is in
force." This means, before earning a single penny, you need to pay the company
upfront. After the one-year period, one needs to renew the subscription. There
is no mention of renewal fees.
> Speak Asia Online sends its surveys mostly on Wednesday to all subscribers.
Each survey takes around 40 minutes to complete. It says: "The first eight weeks
are treated as a training period and the company provides you feedback on
incorrectly filled surveys." After that period, any incomplete or incorrect
surveys are rejected and the company does not pay for it.
> The company assures that it will make the payment in local currency through
direct bank transfers. The catch here is that one has to pay bank transfer
charges of 3% or minimum $7.5 per payment. In case you have earned $10 for the
month, you would get payment of $2.5 only, as $7.5 from the total payment would
get deducted as bank transfer charges.
> Speak Asia Online says it provides income in reward points (one reward point
is $1). It awards up to seven reward points per week for a standard panellist
and 20 reward points to a premium panellist. It offers survey income as well as
passive income that one earns by adding more people into a down-line. However,
for the next day's incentive calculations, it does not consider the weaker line.
It says: "Weaker leg is flushed out whereas the stronger leg is always carried
forward for next day's incentive calculation."
> Although the company offers to pay for filling out surveys online, it fails to
mention that for doing this job one requires minimum knowledge of English and
the Internet.
> Speakasiaonline.com is hosted in the US on the GoDaddy.com server and the
hosting services will expire on 21 January 2011. Besides that, there is no
information available on the domain, its owners, their addresses and contact
details.
> The company website does provide links for all countries and major cities but
directs all queries to its Singapore address only, which neither has a telephone
number nor any email ID. Except India, the so called 'good income business
opportunity' does not exist for other countries.
> According to a complaint posted on India-complaints.com, this company has
changed its name three times over the past five years and is blacklisted for
non-compliance in Singapore.
>
> Its website, speakasiaonline.com does have a link for legal documents but
provides the legal documents not of the company but generic documents from the
Customs Department, the Reserve Bank of India (RBI) and so on.
> Speak Asia Online shows no evidence about the legality of its business or any
registration certificate issued by government authorities. All the company can
show as evidence is a registration certificate issued by the Singapore
government. The issuing authority of this certificate, Registrar of Companies
and Businesses, however, has clearly stated that the certificate of good
standing or any of its contents shall not be reproduced, republished, uploaded,
posted, transmitted or otherwise distributed in any way without prior permission
of the Accounting and Corporate Regulatory Authority (ACRA), Singapore.
> In addition, there is no mention of its promoter or top management on the
site. In fact, there are no names on the website. All one can see is just names
of its 'dealers' and their bank account numbers.
>
>
>
>
>
>
>
>
> 148 Comments
>
>
>
>
> PAWAN VERMA 3 weeks ago
>
> THANKS FOR GIVING FULL DETAIL FOR THIS SCAM COMPANY...U SAVED MY 11000 RS..
THANKS...
>
>
> http://www.moneylife» Reply » Link » Report abuse
>
>
>
>
>
> In reply to: PAWAN
VERMA                                     �\
�                         Close
> Name* :          
>
> Email Id* :       
>
> Author Url :     
>
> Comment* :    
>
>         alert me when new comment is posted on this article
>
> Security Code :
>
>
>  
>    
>
>
>
>   devendra tiwari 4 days ago  in reply to PAWAN VERMA
>
>
> I have invested in it and i have got my money back in 3 months others
companies who dont others to invest in this company will always tell it fraud if
u cant take risk of 11000 what will u do in your life
>
>
>
> http://www.moneylife» Reply » Link » Report abuse
>
>
>
> In reply to: devendra
tiwari                                     \
                           Close
> Name* :          
>
> Email Id* :       
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>         alert me when new comment is posted on this article
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>  
>    
>
>
>
>   Bina Gupta 14 minutes ago  in reply to Devendra Tiwari
>
>
> speakasiaonline as it claims to be the largest survey company forgot to
conduct market research on their own concept before entering the indian market,
that itself shows they are novices in the field, and now people like us find it
difficult to complete surveys because their server is forever down, and that is
when they are catering to a million odd people only,when you bring it up with
them all they can say is we did not expect such a response, had they done the
research we would have been spared the agony, why can't they learn something
from google or facebook. secondly their reps in India are rude, unprofessional
uncouth guys. thirdly it suffers from delusions that it provides opportunity to
Indians to enhance their life, (Sic!) as mentioned by their reps, I didn't know
we are such a poor nation dying of hunger that some random company from
Singapore will act like our Godfather, the fact is they came to India sniffing
big bucks, to improve their own
>  ifestyle. They better treat us with respect as we are equal partners who have
invested our time, energy and money, exploited our contacts to make it what it
is today. To top it all most of the surveys are wrong so they will throw up
wrong data, I have been in market research for 15 years never have I seen such
surveys. They are not doing us a favour by paying us, every company you invest
in gives you return on investment as per their company policy.
>
>
>
> http://www.moneylife» Reply » Link » Report abuse
>
>
>
> In reply to: Bina
Gupta                                     �\
�                          Close
> Name* :          
>
> Email Id* :       
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>         alert me when new comment is posted on this article
>
> Security Code :
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>  
>    
>
>
>
>   Ak Sharma 2 weeks ago  in reply to PAWAN VERMA
>
>
> check this court notice given to speak asia
>
> http://mlmnewsblog.com/2011/04/speak-asi...
>
> [Non-text portions of this message have been removed]
>

Dear Sir,

Please find herewith one case which I would like to file in the National
Commission and I think this will be land mark complaint against the toll
collection illegally and excess from all of us. Please suggest me some points,
prayers so that technically our case will be strong.

regards

Vijay Sagar
Grahak Pachayat Pune
9422502315
vsagar1963@...





Before
Hon. National Commission,

Consumer
Disputes Redressal, New Delhi.

 

 

1.
        Akhil Bhartiya Grahak Panchayat,
Pune District                       }

Through its
President Shri Ramesh Takalkar,               }

At. Bandal Complex,
Post Shikrapur,                              }

Tal Shirur,  Dist –
Pune                                      \
                }

(Registration
No 
S/9194/Delhi)                                 �\
�      } Complainants

                                        \
                                        \
                }

2.         Shri Sanjay
Pachange,                                   �\
�                  }

President
Krantiveer
Pratishtan,                                  �\
�    }

At Post -  Dhok
Sangvi,                                    �\
�                  }

Tal -
Shirur,                                    �\
�                                      }

Dist - Pune
                                        \
                                   }

 

            V/s

           

1.         Ashoka Infrastructure
Ltd.                                     
            }

Ashoka
Arch,                                     �\
�                                       �\
�      }

Plot No. E
28/29                                     �\
�                             }

Opp. Darpan
Hotel,                                     \
                         }

Market Yard,
                                        \
                     }

Pune
411037                                     \
                                        \
       } Opposite Parties

                                        \
                                        \
                }

2.        Govt. Of  Maharashtra,
                                        \
                }

Public Works
Department,
                                        \
                    }

World Bank Project
Division,
                                        \
    }

Pune
411001                                     \
                                        \
       }

 

SUBJECT : UNFAIR TRADE PRACTICE AND DEFICIENCY IN SERVICE
BY COLLECTING TOLL ON INCOMPLETE WORK OF PUNE NAGAR ROAD (KM
10/600 TO 64/000)

 

 

Hon. President and
Hon. Members,

 

M/s Ashoka Infrastructure Ltd and Govt. of Maharashtra by
imposing toll on the incomplete Pune Nagar road have done unfair trade practice
with all the toll paying customers. They have not completed the work, not
maintained the road, no safety of road users have made and with these negligence
number of accidents have been taken place during last 6 years and due to that
more
than 1000 persons have lost their lives. The police of three police stations on
this road have given the information that during June 2008 to December 2010 i.e.
during 2.5 years more than 1000 accidents took place in which more than 230
persons have been dead, more than 350 were major injured and more than 160 have
met with minor injuries. (please see attachment page No. ____ to ____)

 

The work has not been completed until today i.e. from
2005 till 2011 but still they are collecting huge toll from the customers. As
per the guidelines issued by the Govt. and various GR issued by the Govt. no
toll tax has to be collected if work is incomplete by 2% also. The major work
of road is incomplete as on today still toll has been imposed by the Govt and
private
entrepreneur. No safety of the road user has been observed.

 

The facts relating to complaint and the chronological
sequence of the Tender enquiry, contract agreement, work carried out, toll
collection orders and suspensions order for toll collections, Dy. Chief
Ministers meeting with the agitated peoples, inspection of road work, non
payment of the land acquisition money by contractor, land acquisition notices,
various orders are submitted herein below for information of Hon. President and
Members of the commission:      

 

1.         The Superintendent Engineer, Public Works Department (PWD),
Pune vide its letter No. PRASHA/8467/2000 dated 7/9/2000 has submitted
feasibility report to Chief Engineer, PWD, Pune for widening upto 4 lanes,
Strengthening and Improvement of  Pune
Nagar Highway  No. 60 between Kilometer
No. 10/600 to 64/000.(please see attachment page no.____ to _____) In this
feasibility report following main points were mentioned -

a)    Cost of total project by widening to one side of existing
road - Rs. 10055 lakhs.

b)    Cost of total project by widening to both sides of
existing road-Rs. 8427 Lakhs. 

c)    The traffic is increasing by 17%

d)    It has been mentioned that Govt. should consider 8% of
Traffic increase.

e)    Projected Date of completion –Dec 2002

f)     Projected date of toll starting – Jan 2003

g)    Toll Collection period (through one booth)- 9 years if
two sides has been widen

h)   Toll Collection period (through one booth) - 8 years if
one side has been widen

i)     Toll Collection period (Through 2 booths at dist of 46km)
– 5 years

j)      The feasibility
report has been prepared based on 1999-2000 Pune   Divisional Section

 

2.         Based on the feasibility report submitted by the
Superintendent Engineer, Maharashtra Govt. through Executive Engineer, World
Bank Project’s Division Pune has published a Tender Notice on 3/10/2000 in
daily news paper, Indian Express (please see attachment page No.___ to ___) for
Four Lanning, Strengthening of Pune Ahmednagar road SH 60 between K.M. 10/600
to 64/00 on B.O.T. (Build Operate and Transfer) basis. Following main points
were
mentioned in the tender notice :

 

a)           
 Period of completion of all the work – 2
years.

b)           
 Estimated cost – Rs. 101.60 Crore

c)           
 Earnest Money Deposit – Rs 50 Lakhs

d)           
 Security Deposit – Rs. 1 Crore

e)           
Period of
construction – 24 months including monsoon session 

f)            
Pre- bid meeting date
and time – 4/12/2000 at 1500 hrs

g)           
Last date for receipt
of Bids – 26/12/2000 upto 1200 hrs

h)          
Opening of Bids –
26/12/2000 at 1600 hrs.

i)            
 Toll collection – as per Bombay Motor Vehicles
Tax Act 1958. 

j)            
 Toll to be collected by considering all costs
such as construction of all work, toll collection arrangement, interest on
finance, maintenance cost of road, other expenses.

3.         Govt. of Maharashtra
has amended the tender notice 5 times by publishing five corrigendum’s. The
details and main points amended were as under:-

 




   Date of
   Publishing
   Notice /
   Corrigendum


   Estimated Cost


   Last Date of
   issue of Bid documents


   Date and Time of
   pre bid meeting


   Date of
   Submitting Tenders


   Opening Date of
   Tenders




   3/10/2000
   Main Notice


   10160 Lakhs


   15/12/2000


   4/12/2000
   at 1500 hrs


   26/12/2000
   upto 1200 hrs


   26/12/2000
   at 1600 hrs




   5/12/2000
   Corrigendum No. 1


   - do -


   19/2/2001


   8/2/2001
   at 1500 hrs


   1/3/2001
   upto 1200 hrs


   1//3/2001 at 1600
   hrs




   8/2/2001
   Corrigendum No. 2


   7510.66 lakhs


   18/4/2001


   9/4/2001
   at 1500 


   26/4/2001
   upto 1200


   26/4/2001
   at 1600 hrs




   6/4/2001
   Corrigendum No. 3


   -do -


   5/5/2001


   23/4/2001
   at 1500 hrs


   14/5/2001
   upto 1200


   14/5/2001
   at 1600 hrs




   23/4/2001
   Corrigendum No. 4


   -do -


   21/5/2001


   9/5/2001
   at 1500 hrs


   29/5/2001
   upto 1200


   29/5/2001
   at 1600 hrs




   2/5/2001
   Corrigendum No. 5


   -do -


   7/6/2001


   18/5/2001
   at 1500 hrs


   15/6/2001
   upto 1200


   15/6/2001
   at 1600 hrs




 

(please see
attachment page No. ____ to ______)

 

4.         Total Ten (10) Tender Forms were sold
out and out of that three (3) have submitted their Tenders. On 18/12/2001
tenders were
opened and M/s Ashoka Infrastructure Ltd., has been approved as Entrepreneur
for this work by the Govt. of Maharashtra through Public Works Department.
Accordingly A contract agreement has been signed between Govt. and M/s Ashoka
Infrastructure (please see attachment Page No __   to ____)

The
scope of work was fixed as under:–

 

a)    Widening of existing 2 lane road to 4 lane road with
strengthening of existing pavement. (existing road width is 12 to 13 meter and
more) (Proposed width widening to 21.20 meter at top with 1:2 slopes for entire
length of 53.40 meter except some portion of 3.12 km passing through villages)

b)    Total length of project is 53.400 km

c)    Start of road from 10/600 and end of road upto 64/000

d)    Road passes through villages namely Wagholi (14/400),
Lonikand (21/000), Koregaon Bhima (25/400), Sanaswadi (31/000) Shikrapur
(35/600), Kondhapuri (43/200), Ranjangaon (49/600), Karegaon (56/000),
Saradwadi (60/200) and ends at Shirur Bypass (64/000).

e)    Rolling width is between 25 to 30m.

f)     Total 108 cross drainage structures to be widen

g)    2 major bridges at Koregaon Bhima and  Shikrapur to be widen

h)   15 Minor bridges to be widen

i)     80 Hume Pipe drains to be widen

j)     11 Slab Drains to be widen

k)    New pavement to be provided with 840mm crust

l)     Crust thickness of 220 mm to be provided on old pavement.

m)  Widening of earth work formation

n)   widening of carriage way with GSB and WBM

o)    Black topping treatment

p)    Construction of new major bridges

q)    Reconstruction of minor bridges

r)     Widening of minor bridges

s)    Reconstruction/widening of Hume Pipe drainages

t)     Widening of slab drains

u)   Median verge

v)    RCC toe walls and retaining walls

w)   Improvement of all junctions

x)    Providing Bus bay

y)    Providing Parking lots

z)    Providing Toll
  Plaza

aa) Road side furniture

a.    Sign Boards for cautionary

b.    Sign Boards for Mandatory

c.    Sign Boards for Route Marker

d.    Sign Boards for Informatory

e.    Sign Boards for Destination

                                        \
 
i.    (all these sign boards with retro reflective aluminum
sheets)

f.     Kilometer stone for every KM, 200 meter stones, Guard
stone and      5 km stone.

g.    Centerline marking, edge marking, zebra painting using
thermoplastics paints as per Indian Road Congress (IRC) and MOST specifications
and standards. Cats eye’s, Delineaors  have
to be provided (drawing No. 60)

bb) Tree transplantation – total 1861 trees

cc) Shifting of electric polls – 178 Nos.

dd) Shifting of telephone polls – 95 Nos

ee) Improvement of 19 Junctions as per Ministry Of Surface
Transport (M.O.S.T.)  as per drawing No.
49 to 54

ff)   Providing of 18 bus bays as per MOST specifications and
drawings No 55

gg) Providing 18 parking lots as per drawing No. 56.

hh)               
Providing footpaths
in the villages like Wagholi, Lonikand, Koregaon Bhima, Shikrapur road with
gutters on both the sides.

ii)    Providing barricades with outside footpaths.

jj)    Providing road side drainages for drain-out the surface
water.

kk) Land acquisition for Bridge approaches and for toll
plazas has to be done and total 10.68 hectors of land is required for this
project and for that entrepreneur has to deposit Rs. 91.58 Lakhs within 60 days
from issue of work order. If the acquisition cost exceeds then the entrepreneur
has to deposit within 15 days.

ll)    The entrepreneur shall maintain and repair the project
facilities such as pavement, formation, all cross drainage structures, street
furniture’s
and all highway properties etc periodically each year or required during the
concession period. He should keep it in the same condition and standards as
constructed with necessary repairs and maintenance at his own cost. Some of the
maintenance activities are enlisted as under :

mm)            
A mobile maintenance
unit having a truck along-with necessary equipments shall be kept and routine
day to day maintenance be carried out.

nn)               
Maintenance of road
and road side furniture, cross drainage works, minor bridges, major bridges,
shall be carried out in satisfactory manner

oo) Cleaning of road side drains,  building water table before and after
monsoon
and removing after monsoon if necessary

pp) Pot hole filling with pre mixed material and making the
surface good one.

qq) Cracks, ruts, undulations noticed in wearing surface
shall immediately be attended by suitable method.

rr)   Bushes, grown up and the structure shall be removed.

ss) Water way shall be cleared

tt)    A comprehensive inspection shall be carried out for
structures and defects noticed in bearing, sub structure, super structure shall
be rectified immediately.

uu)               
Damages to parapet
railing, kerbs or street furniture occurred due to accidents shall be made good
immediately.

vv) The maintenance and repair manual to be supplied to
department and ensure systematic maintenance of the facility.

ww)              
Maintenance includes
repair and maintenance of electrical and other installations and payment of
energy bills, telephone bills, water charges etc.

xx) Corrective measures shall be taken for rectification
of  road surface profile, camber and super
elevation.

yy) If the pavement wearing surface and part of structures
like bridges, C.D. Works, ancillary structures, protective works, embankments,
retaining walls, toe walls, gutters, drainage system road furniture and
fixtures etc. shows deterioration such as require strengthening or renewal, the
same shall be done by the Entrepreneur at his own cost. Also at the time of
handing over the facility back to Government at the end of concession period,
the same serviceability criteria shall apply and if needed, necessary
renewal/strengthening shall have to be carried out by the Entrepreneur at his
own cost.

zz) All the maintenance work to be carried out for all the
project and in best workman like manner so as not to cause inconvenience to the
traffic. Renewal with 40mm B.C. with CRMB-60 has to be done once in five years
or if required early and the road maintained in good condition during entire
concession period.

aaa)             
If Entrepreneur fails
to do the repair work the Govt. will do the work and cost of the work will be
recovered from Entrepreneur and it will not account for cash flow and
concession period.

bbb)             
The Entrepreneur will
establish full fledge field laboratory for testing of various ingredients and
basic material required for various items, finished items as per MOST and IRC
Standards.

ccc)              
The Entrepreneur will
construct one site office for department with all facilities required as per
clause 4.19.

ddd)             
The Entrepreneur
should keep details of levels, measurements, material consumption and all
quality control test results jointly for all items of work executed and prepare
a bill of quantities of work executed every month and submit to the Engineer
upto 10th of subsequent month. The Entrepreneur will submit monthly
progress report to the Engineer.

eee)             
Contract agreement has also included
following details of work as annexure

 

 

 




   S.No.


   Annexure No


   Subject




   1


   Annexure I


   Available Land width




   2


   Annexure II


   Hard Side Shoulders and length passing
   through villages




   3


   Annexure III


   Crust details




   4


   Annexure IV


   Existing Major Bridges




   5


   Annexure V


   Minor Bridges




   6


   Annexure VI


   Slab Drains




   7


   Annexure VII


   Pipe Drains to be reconstructed




   8


   Annexure VIII


   Pipe Drains for widening




   9


   Annexure IX


   Junctions Improvements




   10


   Annexure X


   Bus bay and parking lots




   11


   Annexure XI


   Sign Boards




   12


   Annexure XII


   Trees, shifting of Electric &
   Telephones




   13


   Annexure XIII


   Locations for cutting portions




 

5.         Very
important clause of the contract was 3.7.9 for Toll collection. The exact lines
were as under :-

“The Entrepreneur shall
entitled to collect and retain the toll amount as per the Bombay Motor Vehicles
Act 1958 and as per the rates specified in the schedule in section 8, from the
date of issue of Provisional completion certificate till the end of concession
period, subject to condition that the Entrepreneur shall obtain the final
completion certificate within 60 days of starting of the toll collection. The
Entrepreneur shall submit monthly statements of daily toll collection and the
department reserves the right to verify the same from time to time”.

6.           
On 27th Jun 2002, Maharashtra
Govt. has taken decision No. khakhses/-1099/pk209/road-9 in which it has been
mentioned that the distance between two toll plaza should not be less than
35-40km. and the place of these toll
plaza will be decided by the Chief Engineer of PWD.              
           (please see attachment page “________“)


 

7.           
The Govt has given Administrative approval for four
laning/widening of Pune Nagar Highway 
No. 60 between Kilometer No. 10/600 to 64/000 on 12/7/2002 and contract
has been signed and work started on 7/5/2003.

 

8.      On 3rd Oct 2002 Govt. Of Mahrashtra
issued one Government Resolution No. KHAKHES-2002/P.K.196/road-9 and main
points of this GR are as under:-

 

a.   The Govt. has observed that as per the Tender Document clause No.
3.7.9 the competent authority is issuing the Temporary Completion Certificate
but they are  not taking care while
issuing it. Hence Regional/Controller Officer will take note of these.

b.   All the physical work mentioned
in the Tender document should have been completed and remaining minor works
should not be more than 2% price of the total cost of project. 

c.    Roads or bridges should have been completely safe for
traffic and Executive Engineer should confirm it. 

d.    As per the Tender Document, Entrepreneur should submit
“Repair and Maintenance Manual” before giving completion certificate

e.    The Entrepreneur should submit an affidavit to Superintendent
Engineer through Executive Engineer that within 60 days all the incomplete work
will be completed.   

(please see page no ____ to ____)

 

9.         On 18th
  Oct 2002 Govt. has given instructions that the Employees of all
toll collection agency should wear a particular dress and they should were a
batch on the arm so that they can be identified easily. (please see attachment
page No _____)

 

 

10.      On 9th Jan 2003 Secretary of Maharashtra Govt. has
published notification for road tax imposing and collection system. (Please see
page No……. to ……..) The details of this notification  were as under:

a)    Road tax will be applicable only on those projects who’s
value more than one crore.

b)    Road tax will be applicable to following type of projects

                                        \
         
I.       
Construction of
new  roads and bridges

                                        \
       
II.       
Strengthening,
widening of existing roads, bridges and     culverts for following types of
roads

                                        \
      
III.       
 Improvement of road for four or more lanes.

                                        \
     
IV.       
As per National
Highways Quality for two lane tar road for minimum 25 km length.

                                        \
      
V.       
For 1.5 lane minimum
length of 40km

                                        \
     
VI.       
For any road having
length of 10km but there are more than one bridge and/or culvert and cost is
more than one crore.

                                        \
    
VII.       
For road length more
than 10km and cost is more than one crore

                                        \
  
VIII.       
Turning road

                                        \
     
IX.       
Road for joining two
state highways or important roads.

                                        \
      
X.       
Flyover or tunnel for
road/railway crossing

                                        \
     
XI.       
Pedestrian Foot
Bridges

                                        \
    
XII.       
City Road Development
Projects

                                        \
  
XIII.       
……..

c)    Road tax rates will be based on project cost

d)  
Chief Engineer is
responsible for fixing of road tax collection place (toll plaza) and place may
be near to any bridge. The distance between
two toll plaza should not be less than 35-40km

e)    These orders are applicable for all the works taken after
these orders.

 

11.     On 06/01/2004, Public Works Department, Mantralaya, Mumbai
has issued a letter and informed all its department about uniform toll
collection and other guidelines. As per this letter each toll plaza should have
board stating the Notification No, Name of work, Rate of Toll, Period of toll,
Name of Entrepreneur, Receipt to be given for each toll collection, All the
workers at Toll plaza will have to wear uniform dress and Identity card.   
(please see attachment page No. _____ to
_____)

 

12.     As per clause No. 3.3.1 of the BID
documents, The Entrepreneur will get     provisional completion certificate
within
15 days from the date of application for the same from the Engineer provided he
substantially complete the work and project facility is safely usable by the
public. The final completion certificate will be issued after satisfactory
completion of the works in all respects and clearance of site.

 

13.       On 26/2/2004, Executive Engineer, PWD has written letter to
M/s Ashoka Infrastructure Pvt Ltd and stated that the cheques for land
acquisition issued by them are bounced and this has happened in past also. 
Number of times M/s Ashoka Infrastructure has
given cheques which were not honored by the bank because of various reasons is
a negelgance of service from them. Without money no land can be acquired and
due to non payment of amount the land acquisition is not possible.

(Please see attachment page No ____ to ____)

 

14.       On 11/06/2004
Shri AS Ubale, Executive Engineer of Quality Control Board, Pune has carried
out inspection of road along with Executive Engineer and Dy. Engineer of World
Bank Project and representatives of Entrepreneur.  (Please see attachment page
No. _____ to
______) based on this inspection Superintendent Engineer, Quality Control Board
has sent a letter to Executive Engineer, World Bank Project, Pune on 05/07/2004,
for compliance
of   pending work within 45 days.

     The main points of inspection report of 11/06/2004 wear as under:

                                 
I.    The plans for approval has not been submitted for
technical  approval by the entrepreneur.

                               
II.    28km of roadwork of laying metals has been completed

                              
III.    39 culverts and one small bridge completed.

                             
IV.    No reports/papers have been found regarding approval of
small bridges, big culverts.

                              
V.    Entrepreneur is not submitting monthly progress report
hence executive engineer should take action as per contract.

                             
VI.    Entrepreneur has not provided safety measures to its
employees.

                            
VII.    How many percent local labours have been appointed on
work is not known.

                          
VIII.     If Entrepreneur is
submitting work completion report as per 
tender notice clause No. 4.21(part 1) and if he is not submitting then
what actions have been taken by the department.

                             
IX.    When an inspection hole has been taken on Kilometer
12/700 It found that metal thickness is 17cm in unrolled status.

                              
X.    At kilometer 12/00 to 12/800 no traffic diversion
barricades and white color painted sand bags have not been placed. At every
diversion it should be proper as per tender.

                             
XI.    There is 75 mm offset between two BM and there are no
sign boards hence there is a chance of accident. So repair this and submit the
report.

                            
XII.    Thickness of BM is found 60mm instead of 75mm at
kilometer 28/350.

                          
XIII.    It is found that there are holes on the road. Hence it
requires urgent repairing work.

                         
XIV.    There is a difference of 2.4 meters between RTL of old
bridge and new bridge
  of Bhima river.

                           
XV.    at kilometer 27/100 reconstruction of culvert has
eliminated.

                         
XVI.    at km 27/150 widening of slab drain eliminated.

                        
XVII.    at km 13/150 and 26/250 slab drains have been eliminated

(For all these eliminated works approval has
to be taken and   also period of toll
collection has to be revised accordingly)

 

                       
XVIII.    As per tender document clause 4.16(part-1) Entrepreneur
has to deposit Rs. 91.58 Lakh within 60 days from date of order with PWD for
land acquisition. And if they have not deposited the said amount then what
action has been taken by the Department.

                         
XIX.    Between km 13/300 and 19/900 there is requirement of land
acquisition but Entrepreneur has not deposited amount for the same. Still work
of road widening to both side of road is going on this is serious. What action
has been taken by the Executive Engineer for the same

                           
XX.    There is a heavy traffic on this road hence everywhere
proper boards for safety has to be installed and barricades has to be fitted as
per IRC for avoiding any accident.    

                         
XXI.    Both side of the road has been started for excavation
between km 39.600 and 39.900 which is dangerous for traffic. Henceforth only
one side of road has to be excavated.

                        
XXII.    As per laboratory report following are the observations
:-

·        
Grade 1 metal used is
in proper size of 45 to 90mm at km 18.810

·        
 Grade 2 metal used is larger than the required
size of 45-60 mm at km 24/400. Hence the metal has to be made as per
recommended size.

·        
Grade 3 metal used at
km 18.400 is larger than required size of 22.4 to 53mm. Hence it has to be made
as per size.

·        
The Executive
Engineer has to check all the material and has to provide report.

 

15.       On 21/08/2004 again inspection
of road work was carried out by Quality
Control Board, (please see attachment
page No.____ to ____). The main observations wear as under:-

 

·        
   As per the inspection report on 11.06.2004
submit the report of compliance.

·        
   No traffic barricades and white color
painted sand bags have  been placed to side
of the road as mentioned in the earlier report for safety of passengers. Stones
have been placed and chuna has been washed out and it is dangerous for traffic.


·        
  There are number of holes on the road, bridge
and culverts due to   rain and the road
has to be repaired immediately as per the clause no. 4.3.4 of tender document.
The surface of the road on turnings  is
not smooth its having up / downs and number of holes which is not safe for
passengers traffic.

·        
   The Entrepreneur is not following proper working
method as per the directives given on 26.05.2004.

 

16.       The
Entrepreneur has applied for provisional completion certificate though the work
was not completed and Govt. has approved toll collection vide notification on
7/5/2005 and provisional
completion certificate has been issued on 24.6.2005.

 

17.       Entrepreneur
has started the collection of toll from 6/7/2005 without providing the adequate
facilities at toll
collection centers.  The provisional
certificate has been issued on express provision that Entrepreneur will
complete the balance work, rectification of deficiencies etc within 60 days.
i.e. on or before 5/9/2005.


 

18.       On 2/9/2005, Mr. Purushottam
Khedekar, Executive Engineer, PWD has issued
suspension orders for collection of toll because the work was not completed
100%. In this letter (Please see attached letter page ___ to ____ )  he has
mentioned that PWD and the Society are
dis-satisfied for the work quality of this project. Further he has mentioned
that the toll collection from two booths has been carried out and as per the
feasibility
report the period of toll collection is 5 years in this case. From which it is
clear that the contract has been signed on 7.5.2003 and provisional completion
certificate has been issued on 24.6.2005. Govt. has approved vide notification
the toll collection on 7/5/2005.
Accordingly Entrepreneur has started the collection of toll from 6/7/2005
without providing
the adequate facilities at toll collection centers.  The provisional
certificate has been issued
on express provision that Enterprener will complete the balance work,
rectification of deficiencies etc within 60 days. Further he has also mentioned
in this letter that about 71.60 crore
rupees work is pending/not completed. And a 60 days time period is completing
on 5/9/2005 and
within this 3 days time it is not possible to complete the entire 100% work. He
has mentioned that it is non-compliance of contractual obligations and its
willful and deliberate negligence from M/s Ashoka Infrastructure. Further they
have
instructed to stop collection of toll from 6/9/2005. Also
it has been mentioned that M/s Ashoka Infrastructure has collected Rs. Fifty
crore rupees from 6/7/2005 till 5/9/2005 which is illegal and it can be
recovered from them. On 2/9/2005 PWD has
observed that about 71.6 crore rupees work is pending and list and details
of the pending work was given to contractor in this letter are brief here in
below :-

 

a)    No
geometrical improvements were carried out; no full amount for land acquisition
has been paid, after taking possession of land no improvements were carried
out. Bridges are not constructed upto standards and as per requirements, no
site office constructed, about thirty crore rupees loss has been made to
society due to negligent behavior of contractor.

b)    Proper
sectioning and dressing of side slopes in banking and cutting is not made
throughout the length. Proper camber has not been provided, roughness index not
carried out, due to negative super-elevation at various places there may be
possibility of accidents. Inadequate drainage has been provided

c)     Bhima bridge is not constructed as per
contract data with obligatory RTL hence stands rejected. Repair of old bridge
is not carried out, debris and other materials laying in bhima river bed which
is dangerous to old bridge.

d)    Approach
road to old bhima bridge is disturbed, no approval for design consultations for
bridge has been obtained

e)    Minor
bridge in ch. 21/600 was to be reconstructed. Old velu bridge to be widened to
7.5m with foot path both sides, No special aesthetic treatment to new bridge is
given. Four CD works ( 60/860, 63/475, 61/810, 61/920) to be reconstructed, CD
work for ch 27/150 and 11/050 not tackled. C.D. work 13/150 incomplete. The
estimated cost of such balance work, rejected work, non standard work is Rs Ten
Crore.

f)     Median
Verge Kerbs should be M-25 RCC concrete as per contract. Estimated shortfall
works out to Rs Three crores.

g)    The
side slopes of banks were to be protected by constructing RCC Toe walls or
retaining walls. Extimated cost of this hort fa;; works out to Rs Five Crores.

h)   Not
a single junction out of 19 junction is improved as per contract. The cost
works out to Rs Four crores.

i)     Two
bus passenger shelter as per drawing were not constructed out of 18 and the
estimated cost is works out Rs 25 lakhs.

j)     18
parking lots to be provided but no work is in progress. estimated cost is works
out Rs one crore.

k)    Minimum
6 lane toll plazaz at two places ch. 24/900 and ch.50/400 were to be
constructed with concrete pavements, booth facilities, light facilities,
inspection facilities, office facilities, toilet facilities, toilet facilities,
rest facilities, communication facilities, etc. But no adequate facilities were
provided. Only 4 lane were provided due to which traffic become congestion and
hazardous. Vehicle have to wait for longer time, This is gross negligence. Due
to this customers may agitate for which you are fully responsible. Personnel
employed on booths are not trained. No responsible person is available for
inspection. Total estimated cost comes to Rs one crore.      

l)     You
have not provided road side furniture as per contract agreement and estimated
short fall on this account works to one crore.

m)  Minimum
3800 new trees has to be planted and it should be regularly watered,
maintained, maneuvered and properly protected and so on. The plantation work
should have been started when work has been started two years back so that
trees could have been grown up with adequate height. The serious short fall for
this purpose is five crore.

n)   As
per contract provision contractor has to shift 178 Electric and 95 telephone
poles. Rs 11.64 lakh for telephone poll shifting has to be deposited by
contractor. But contractor has failed for the same hence Govt. has shifted
about 153 poles on their own which costs to Rs Twenty five lakhs.

o)    Footpaths,
barricading, zebra paintings, railings, drains, caution boards etc are to be
provided in nine villages along the road side. The work done so far is not up
to standards The work completed in all respect is rejected and short fall works
out to Rs three crores

p)    Road
side drainage are not properly provided. Open excavated gutters have been
provided which is not as per contract. The estimated cost of this shortfall
works out Rs two crores.

q)    No
full payment of land acquisition has been made. Approached at velue bridge,
S-curve near Wagholi, affecting othjer persons and at other places at ch.
12/800 and 13/400 are serious and are accident lapses. The road facility can
not be put to use fearlessly after spending so much money. The land is to be
handed over to contractor after 180 days from the date of payment of balance
amount. Any further lapses and delay will be at your account. Balance cost as
per contract Rs two crore.

r)     No
programme for Maintenance of facility has been submitted to department. The
responsible persons list also not given. The staff working on road are not
having
reflecting jackets,  A standing / mobile
unit at call with minimum man power and machinery has not been kept at site.

s)    A
site office with telephone and other facility has to be provided. For this
purpose cost works to Rs Ten Lakhs.

t)     Total
sumerized incomplete work costs about Rs 71.60 crore.  

u)   The
provisional certificate issued is withdrawn from 5/09/2005 at 1600 hrs. and as
effect of this they
are requested to stop collection of toll at both the toll stations and at all
the booths on both sides from 5/9/2005.      

19.       Though the
letter for stoppage of toll collection has been sent to M/s Ashoka
Infrastructure by Mr.
Purushottam Khedekar, Executive Engineer, PWD On
2/9/2005 as above still the
toll collection was not stopped for a single day since 6/7/2005.

            (Please see toll receipt copy attached
at Page____)

 

20.       On 8/3/2007
The Govt. through Special
  Land Acquisition Officer
No 11. has published the notice for acquisition of land for widening of side
road, improvement and for construction of new bridge. Based on this notice on
8/3/2007 Govt of Maharashtra
has published a gazette notification at S.No. LQ-11/SR-10/2005 in which it has
been stated that as per Land Acquisition Act 1894-1 and sub rule 4 it has been
notified that land will be acquired for public purpose.

 

21.       On 26/09/2008,
Additional Commissioner, Pune Division, Pune has published the Special Gazette
and stated at  S.No. Bhu Si
/RR-3/SR-28/2008 that as per earlier gazette published by the Special Land
Acquisition Officer No 11 Pune. And as per Land Acquisition Act 1894, rule 5-A
and sub rule 2 the Additional Commissioner of Pune Division has confirmed that
these lands are required for Public purpose and Maharashtra Govt should acquire
these land by paying compensation. The Land Acquisition Officer No 11, Pune has
been ordered to do all the formalities and has been nominated for the
acquisition of the land. 

 

22.       On 28/05/2010
Dy Chief Minister of Govt of Maharashtra has called  meeting for toll problem
and following
decisions were taken -

a)         Revision of rates of Toll such that no change problem will
arise

Car
                                        
Rs. 35/-  instead of Rs 37

Minibus                                  Rs.
50/-  instead of Rs. 53/- 

Truck                                      Rs
100/- instead of Rs 101/-

Heavy vehicle                       Rs. 175/-

These rates are acceptable to Contractor
hence it will be applicable once Cash Flow gets revised and Govt. accepts
it. 

 

b)         It has been stated that the decision of land acquisition at
Ranjangaon for Toll
  Plaza  will not be taken back. The land will be kept
with Government until the required purpose. After the use of land, it can be
returned back to farmers. The contractor has got the possession of land hence
he should complete the work of toll plaza extension within 2 months.

 

c)         land reserved for
cows at village perne has been given by District Collector on 2/6/2009 but
The Grampanchayat Perne has gone to Mumbai High Court vide PIL No.
14/2/2009.  Hence work of tree cutting is
going on. Concrete work is also going on. Within 3 months work will be
completed. The toll plaza at Perne to be completed within 1.5 months as there
is no court stay and contractor has agreed for the same.

 

d)         The contractor has accepted for E-Ticketing system. The Dy
Chief Minister has instructed to use MAHAPASS system. Chief Engineer should
prepare the proposal and submit it to Govt.

 

e)         The traffic has been increased hence the toll collection
periods can be reduced but Chief Minister told that once road will be widen for
six lanes then project will be buy backed.

 

f)          Incomplete work of light cutting barriers - Plastic cutting
barriers are not echo friendly hence Minister has intimated to use concrete /
Ferro crate light cutting barriers. Contractor has agreed to complete the work
immediately.

 

g)         Total 10000 trees have been planted by contractor as per his
statement and now only 4400 trees are alive. The contractor told that while
erecting Dhaba hoardings/boards people are cutting the trees. The toll plaza
should have good landscape. The proposal for landscape is sanctioned and
contractor has agreed for the same.

 

h)        Out of total 53.40km length of four lane widening work 275
meter
work of one lane tar work is not completed due to land acquisition problem but
still traffic is passing through it. For other incomplete work due to some
problems it has been under consideration that Rs. 4.56 crore cost will be
reduced from the cost of construction.

 

i)          Completion of incomplete work of drainage of village
Shikrapur, lonikand and Koregaon Bhima. And cleaning of constructed drainage
have been discussed. It has been told to contractor to clean the drainage lines
by providing extra man power. The contractor informed that the peoples of
villages are throwing garbage in the gutters hence by sanctioning additional
work of fixing covers on the gutters. After Govt. sanction the work will be
done.  

 

j)          No separate way for footpath and two wheeler and specially
at Ranjangaon.  As per approved tender
PWD has to acquire land for 6 lane toll plaza. But on 27.5.2009 Govt has
approved variation for 10 lane toll plaza and accordingly on 27.4.2010 govt.
has awarded for land acquisition. But farmers have not given possession of land
because of low price awarded by Govt. Contractor has constructed 2 lanes and one
2m wide lane. But due to traffic jam cars are passing through 2m lane and due
to that two wheelers are not getting road to pass. Hence it has been decided to
use 2m lane for two wheelers only.

 

k)         The contractor has intimated that within 15 days as per the
directions from Govt uniform will be provided to workers. Also police
verification of each worker will be done and will be submitted to Executive
Engineer.

 

l)          Filling of 70000 cases for non payment of Toll. PWD
informed that  Contractor has been requested
time and again to withdraw these cases. Try to resolve these cases On 8.09.2010
about 200 cases have been resolved in lokadalat at Shirur. The Contractor has
accepted to withdraw the cases who has been booked for single case only. Also
he has informed that police verification of workers of toll plaza will be done.

(please see attachment page No ____ to ____)

 

23.       On 14/07/2010, Krantiveer Prtishthan, Shetkari
Sanghtana, Grahak Panchayat and Kisan Sangh has agitated on the following
points

 

a)    There is no land acquisition from government for the Pune
Shirur road hence ownership of road is with farmer and not with government.

b)    There was an arrangement of Rs 14 crore for land
acquisition in 2000 by the Govt. but still compensation has not been
distributed.

c)    There was no provision of toll plaza at ranjangaon as per
tender then why toll plaza

d)    About 70,000 complaints have been registered against the
road user citizens which is a gunnies book record.

e)    Daily 40,000 vehicles passes through this road and an
average 30 rupees toll means daily 12 lakh toll collection and yearly 43 crore.
Ie. Until now Rupees 301 crore have been collected

f)     As per govt cost of construction of road is only 92
crore.

g)    Huge collection of toll by increasing the vehicles.

h)   No compensation for the farmers since last 5 years though
huge collection of toll has been done

i)     Still there is pending work but toll collection is in
full swing.

j)     There is no separate land for pedestrian, ambulance, fire
vehicles, two wheeler

k)    While collection of toll they are abusing the local
peoples also 

l)     As per Govt order still 14820 trees have not been
planted.

m)  As per govt provision there is no construction of 18 bus
stops, 18 pedestrian foot paths and 18 parking lots

n)    No maintenance of
road as per the tender

 

24.       On 16/07/2010 Shri
Deodhar, Sup. Engineer, PWD, Pune
   Circle has inspected toll plaza at Ranjangaon
alongwith Shri Shinde, Manager of M/s Ashoka Infrastructure. Following were
observations –

a)    No complaint book found on the toll plaza.

b)    No Uniform as per the dress code found to the Employees
of toll collection booth.

c)    One tomy and two jacks of one vehicle along with toll
receipt of that vehicle found.

d)    No proper maintenance of toll plaza. 

e)    When one closed store opened it is found that there were
number of wheel spanners and tomy bars of vehicles were kept.

f)     One armed person was present but without arm license.

g)    West and east lane of toll plaza found broken.

 

(Please
see attachment Page No___ to ____)

25.       On 17/7/2010
Supt. Enginner, PWD, Pune informed Suptd. Of  Police 
Pune Rural that on 16/07/2010
when inspection of toll plaza carried out Mr. Rajendrasingh Premsingh, Private
Security of Enterprener holding Gun without license. He has shown the license
very next day but as per the rules he has to keep with him license while on
duty. Hence you are requested to inform M/s Ashoka Infrastructure ltd.
Accordingly.

(Please
see attachment Page No___ to ____)

 

26.       On 19/07/2010
a meeting was held between Krantiveer Pratishthan and PWD following are the
main points of meetings –

(Please
see attachment Page No___ to ____)

 

Sub
1) – No land acquisition for
widening of Pune Shirur road hence 
ownership of road is with Original Land Owner Farmers

Ans
1) -   Pune
Shirur road is a state highway No 60 and it’s a part of
Pune-Nagar-Aurangabad-Jalgaon
road. This road has been declared as state highway as per government
notification on 19.4.1967 as per Mumbai highway rules 1955. This road is there
since British rule and the reference of this road is available in Taluka Land
record. As per survey no print 1973, and old gat no. plan and new Gat no. plan
the road width is 27 to 28meter.

 

As per privatization work done in 2003-05
four lane widening of road top width is 21.2 meter and bottom width is 27-28
meter. The road widening done in 2003-05 is as per Taluka Land Records. The
proposal for Land acquisition for bridges, toll plaza and approach road to
bridge is sent. The status is as per attached chart.

        

Sub
2) No distribution of Rs 14
crore who’s provision was made in 2000 for land acquisition for road.

 

Ans
2) No provision of Rs 14 crore
has been made in year 2000 or until today

 

Sub
3)    No provision of toll plaza at Ranjangaon
Ganpati then why it has been Constructed.

 

Ans
3) As per Approved Tender
there was provision of one toll plaza between lonikand and Bhima Koregaon and
second between Ranjangaon and Saradwadi. The toll will be collected in one toll
plaza and it will be checked on another plaza. As per this provision two toll
plazas have been constructed.

 

Sub
4) About 70,000 cases have been
filed on public. Its a guinese book record.   

Ans
4) Govt has not given
instructions to Contractor to file the cases and Govt has not files these
cases. M/s Ashoka Infrastructure has done the work between 2003-05. Govt has
published notification on 5/7/2005
and toll has been started from 6/7/2005.
M/s Ashoka Infrastructure has approached High Court and for non payment of toll
by the locals and for maintaining law and orders they have requested for police
protection to high court. The high court has given orders to Pune District
Collector and Police Commissioner Rural to give police protection by paying
prescribed payment. Also asked Executive Engineer PWD to co-ordinate for this.
M/s Ashoka Infrastructure has filed the cases on their own using Motor Vehicle
Act provisions. High court has taken cognation of these cases in one public
intrest litigation No 7/2008 and ordered to dispose off these cases fast by
issuing orders on 1/7/2010     

 

27.       On 21/08/2010 a joint inspection of work has been carried out by
Assistant           Engineer, PWD, Branch
Engineer, PWD, Asst Executive Engineer, PWD        and    Shri Ramesh
Takalkar, Grahak Panchayat,
Pune, Shri Sanjay     Pachange, and Shri
Shivaji Babanrao Khedkar and found that following        work was not
completed by M/s Ashoka Infrastructure :-

(Please
see attachment Page No___ to ____)

 

1)    at the start of Km. 10/600 no furlong stone erected

2)    10/600 L.H.S. 8.200, RH.S. 8.400 total 16.800

3)    at 10.600 C.D. Work No pipe erected, Top level flush to road

4)    10.600 L.H.S. out of 80mm, 30mm tar work has been sinked
and 70mm side strip also sinked

5)    at 11.150 no light cutting barriers installed and R.H.S.
45mm side strip has been sinked

6)    at 11/700 found garbage depot hence  foul smell has been spread. about
5m high
garbage dust accumulated. at 11.850 found 3m high garbage accumulated.

7)    at 12.200 LHS 25mm side strip has been sinked abd 12.600
LHS 70m garbage has been scattered near tar road

8)    at 12.600 RHS for CD Work head wall found down side of
the road and there are no concrete blocks above head wall. Sealcoat has found
damaged, divider height found 13-14 cm, divider of about 30m found broken.

9)    at 13.00 no concreat bloak for CD work. From 13.020 to
13/275 no widening of road towards LHS

10) at 14.100 waghole village, road is about 7.5m and widening
of 3.5m. LHS hard murum shoulder found sinked. No road marking found to side of
road. At RHS road is 7.5m and widening of 3.6m. Found garbage and grown up
grass towards RHS gutter. Divider height found 20cm and LHS 15cm while RHS
12cm. it has been erected on soil. The surface of road between 13.00 to 14.00
damaged.

11) at 14.200 only one side railing found for the footpath.
Size of the footpath found 1.62x123x0.25. Top of the pootpath found broken for
about 10m length. No footpath for LHS at 14.200. No gutter between 14.00 to
14.200. road widthis about 7.7m and 80cem side strip. The gutter found filled
with garbage an d  soil. No
plaster/pointing to head wall. Wall found broken. LHS tar surface found sinked
about 6cm. RHS  - no shifting of 3
electric poles. Footpath found with garbage of soil and stones. Lot of garbage
also found scattered on the tar road. The
pipe side railing found broken/damaged.

12) Near canara bank RHS road width found 7.3m and LHS 7.15m.
Divider height found 20cm. lot of garbage found on the road. LHS railing found
broken/damaged. 

13)  at 14.306 near
public health center LHS footpath found broken/damaged. LHS road width 7.15m
and RHS width 7.30m. Foot path length RHS 76.5m LHS 102m

14) No tree plantation between km 10.600 to 14.00    

15) at 14.310 pot holes to main tar road.  The railing of footpath found broken

16) at 14.559 LHS road width 7.30m. there is a 2m slop to
road which is going towards awalwadi. Junction width found 48m and road surface
found damaged.

17) at 14.550 one dog found dead and laying on the road. LHS
footpath is about 81m and gutter found chocked. Stones found on the footpath.
No zebra crossing on road. Side strip found sinked.  LHS road width 7.10m and
RHS 7.45m. Junction
of 58.7x14.7

18) No light cutting barrier between km 13.0 to 14.750

19) at 20.650 Lonikand police station – LHS bus bay of
5.30m.  Foot path found broken. Gutter
found chocked hence drain water is scattered on the road. No shifting of 4
electrical poles. LHS road 8m.

20) Theur Phata junction size 30mx16.8m No shifting of one electrical
pole of RHS. Foot path length of about 167m and width of about 0.8m. the
railing of about 20m found broken. Pot holes on the foot path. Divider found un
filled. Chamber found broken.

21) at 20.650 one minor bridge of 25m length on RHS. No zebra
crossing for bus bay area. Grass has been found grown up between bus bay and
cross barrier.

22)  at 22.150 Murkal
Phata Junction grass found grownup between 81m to 23m divider. Divider work
found incomplete.

23) At perne phata junction there is slop of 11m. Pot holes on
the road. No tree plantation between divider near koregaon bhima toll plaza.
Debris found on the road.

24) Size of toll naka – 4 lanes of 4m, 3.45m, 4.07m and 3.35m
respectively. One lane of 6m. Foot path 1.20m found broken. The receipt no
Kor/B2/L2/S2/VB/7443 of toll plaza is in complete English language.

25) lane no 6 found damaged. RHS no footpath. Width of toll
plaza 34.1m

26) on koregaon bhima bridge no foot path for RHS and LHS
side footpath found broken/damaged.

27) no shed to Bus bay.

28) st koregaon footpath length found 255m towards LHS. 155m
for RHS railing found broken/damaged. Width of footpath found 0.95m.

29) Garbage found in the gutter. No bus bay at RHS.

 

28.       On 4/11/2010 a joint inspection of work has been carried out
again by Chief Engineer, PWD Superintendent Engineer, PWD  and 
also by quality Control Engineer of PWD Pune along with Shri Sanjay
Pachange, and observed following incomplete work :

(Please see attachment Page No___ to ____)

 

1)       
Pachange shown that
BT Surface at 10/600 km is not proper

2)       
one lane is not
constructed

3)       
decrease the cost of
divider from 11/00 to 10/600

4)       
at 11/150 no left
side shoulder constructed

5)       
no reflector sign on
divider

6)       
no zebra painting and
no side shoulder near Puneri Sweet shop

7)       
The height of divider
near Bhalchandra Pan shop is only 170 cm

8)       
No shifting of left
side electrical poles

9)       
at 11/700 no left
side shoulder. Lot of garbage on road. Surface
is 5cm      

                  drop

10)     at 11/800 both side no side shoulders provided. Garbage
on road

11)     at 11/960 divider height 100 cm

12)     at 12/00 no side shoulder provided and no reflector for
divider opening

13)     upto wagholi village no side shoulder constructed

14)     near hotel mansantosh no side shoulders for both the
sides

15)     no open gutters within these length

16)     debris scattered on the road

17)     no shifting of electrical poles

18)      Un authorized
opening to the road

19)     at 12/600 Head wall has not been raised for small bridge

20)      at 13/00
filling  is only 21.100m. No culvert
constructed

21)     Wagholi village junction improvement work has not as per
standard. Island has came in between the road. Culvert /drainage is blocked and
divider has found broken and debris, sand and stones found on the junction. No
CD work 

22)      Not possible to
stop busses near wagholi bus bay

23)     There is a bus shelter after bus bay

24)     All gutters have been blocked

25)     No foot path for left side in Waghili and width of right
side is just 1.7m

26)     Poles not shifted

27)     At wagholi village old compound wall

28)     The available width at wagholi village is 25.96m but
21.2m work also not completed

29)     No reflector sign for divider

30)     The road kerb is 18cm 


31)     south side kerb of foothpath found broken

32)     There are shops on the foot path in wagholi village

33)     only 6.4m road is under use in wagholi village

34)     No zebra crossing provided

35)     No required painting on road (center line, side line
etc.)

36)     No cuts eye for full length

37)     Due to soil on the road, about 0.8m road is not in use

38)     Foot path width at one place is just 0.85m only

39)     Tar road width is just 6.35m

40)     Manjari Phata junction work is not as per standard

41)     there is shortage of divider in full length

42)     Difference of about 2m for approach road

43)     No kerb constructed on traffic island

44)     at 14/560 no side shoulders and no gutters provided 

45)     The width of road at 14/600 is about 5.6m only

46)     AT Kesnand junction there is a ditch of about 5mx1m

47)     No light cutting barricades installed on the junction

48)     no side shoulders found on the junction

49)     at 16/00 no trees planted to both sides of the road

50)     Improvement of steep near jakat naka is required

51)     No continuation of cross barriers near CD work

52)     There is a junction of crash barrier near surabhi hotel

53)     The road divider is illegal near surabhi hotel

54)     No work completed near lonikand village

55)     Bus bay found at 21/00 but as per Tender it should be
20/650

56)     No foot path and no bus shelter for lonikand bus bay

57)     The width of foot path at lonkikand found only 1m. and  medians are
uneven. The foot paths found
damaged

58)     No shifting of electrical poles

59)      At Theur phata
junction no work as per standard. It’s a potential accident point. There is a
big ditch on the junction.

60)     Road width is 7.5m and foot path width is just 2feet(0.6m)


61)     Gutters are found blocked

62)     The tree is just adjacent to the tar road

63)     The tulapur junction is not constructed as per standard

64)     The turning radius is not available. Bends required to
remove

65)     The culvert found blocked

66)     Poles have been erected on the foot path

67)     The traffic was jammed at toll plaza near perne phata.

68)     No RCC toilet constructed

69)      No site office
constructed

70)     passage should be 2.5m but its just 1.2m

71)      The junction at
Perne phata is not standard

72)     There is a pole on traffic island it should be removed
immediately.

73)     No road marking on the junction

74)     no foot path on the koregaon bhima toll plaza

75)     Just adjacent to road there is a transformer room which
should be removed immediately

76)     No separate lane for ambulance

77)      There is ditch in
the foot path of bridge at koregaon bhima

78)     The height of bridge found less

79)     lights on the toll plaza are not functioning

80)     reinforcement bars are open at corner of footpath over
the bridge

81)      No railing
provided for footpath where road is there

82)     The earth filling below the approach slab for old bridge
is found sinking

83)     No extension work for foot path done. No ramp provided
for foot path

84)     No side shoulder provided for korgaon village

85)     The tar road width at koregaon village found only 5m

86)     The village president inform that water is not flowing
throght gutters at village koregaon

87)     Bu bay and bus shelters found but it has been found
completely acquired illegally

88)      Only one lane is
under use at koregaon bhima

89)     The gutters found blocked in village koregaon

90)     No shifting of electrical poles at koregaon

91)     No side shoulders near sanaswadi found

92)     No  junctione has
been improved near john dear junction

93)     side shoulders damaged near this junction

94)      The water gets
clogged in shikrapur junction

95)     The bus stop erected at traffic island is illegal

96)     There is mud in the junction island

97)     No foot path in shikrapur village

98)     shikrapur 35/600 the kerb height is not as per
requirement

99)     The junction at malthan phata is not standard

100)  The slope is more than 5 degree for side shoulder

101)   No trees found on
the road near Ranjangaon

102)  No side shoulder near ranjangaon village

103)  No gutters near ranjangaon village

104)  No shifting of electrical poles near ranjangaon ganpati
turn

105)  bus bay is not properly wide for 77m length

106)  There are ditches on median verge

107)  No railing for ranjangaon bridge

108)  no rectification of pipe line for farmers

109)  The co-ordination officer is filing cases

110)  The contractor is keeping tomy/jack with themselves if
driver is not having money for toll payment at ranjangaon

111)  There are ditches in the road of ranjangaon toll plaza

112)  No arm license found with security guards

113)  at 54/675 no cutting work done

114)  Gutter not constructed

115)  The material of cutting is dumped on the road

116)  The T Junction near MIDC is not standard

117)  The seal coat has to be done after diwali

118)  No yellow blinckers provided in the yash junction

119)  No side shoulders provided

120)  The widening at square is not enough

121)  The grass and bushes to be removed near cutting edge

122)  No side shoulder to bus bay near karegaon village

123)  No railing for median verge at village karegaon

124)  The bus bay length is just 75m but as per agreement it
should be 105m

125)  no fanning on any culvert.

 

29.       On 19/11/2010 Executive Engineer, PWD, Pune has written letter
to Superintendent Engineer, PWD Pune that M/s Ashoka Infrastructure has been
informed on 17/09/2010 and on 16/10/2010 to start the renovation work of road
as per Tender Documents conditions but M/s Ashoka Infrastructure has not
started the renovation work and it is not possible to complete the work within
60 days from the date of order i.e. upto 28/12/2010. Hence it is proposed to
stop the
toll collection immediately

(Please
see attachment Page No___ to ____)

 

30.       On 19/11/2010,
Executive Engineer, Pune has written a letter to Superintendent Engineer Pune
and reported about non compliance of renovation work by the Ashoka
Infrastructure and also expressed his opinion to issue orders to suspending the
toll collection.

(Please
see attachment Page No___ to ____)

 

31.       On 19/11/2010
Sup. Engineer has written a letter to M/s Ashoka Infrastructure to submit its
report within 7 days about renovation of road and also informed that if you
will not submit the report before 25/11/2010 then toll collection will be
suspended.

(Please
see attachment Page No___ to ____)

 

32.       On 29/11/2010, Executive Engineer, PWD, Pune has written a
letter to M/s  Ashoka Infrastructure,
Pune that as per orders received from the Govt of Maharashtra  and letter
received from Sup Engineer, PWD
for road from Pune to Shirur at 10.600km to 64.00 km as per the tender document
you have not renovated the cash flow work and hence from 29/11/2010 you have
been suspended for collection of toll. Hence you obey these order immediately
and until further orders don’t start the collection of toll.

(Please
see attachment Page No___ to ____)

 

33.       On 29/11/2010 PWD, Mantralaya Mumbai has instructed Chief
Engineer, PWD Pune to issue orders for stoppage of collection of Toll who has
not submitted renovation of cash flow details as per tender documents. Based on
this order  Executive Engineer has issued
order on 29/11/2010
to Ashoka Infrastructure for suspending toll collections from 29/11/2010 until
further
orders for not submitting renovation of cash flow details as per sanctioned
tender documents.

(Please
see attachment Page No___ to ____)

 

34        On 15/11/2010 The Executive Engineer, PWD projects division
has written a letter to Sup. Engineer, PWD, Pune about the application of Shri
Kisan Sopanrao Batte and others regarding the objection of acquisition of land.
The land owners has taken the objection for acquisition of land as per the land
acquisition act rule 5. They have raised the objection as per the form D. The
Executive engineer has cleared these objection on 11/12/2008. The award of land
acquisition has
been completed on 4/5/2010
but the land owners have not taken the amount of compensation and has informed
this office that they are ready to give the land on lease for 99 years instead
of acquisition. The land owners are also ready to accept the lease amount as
per the present Govt. norms.

(Please
see attachment Page No___ to ____)

 

35.       The land owner were ready to give the land on lease since the
acquisition process started and which is beneficial for govt. Also only 40m
land has been acquired but for ten lanining of toll plaza more than 60m wide
land is required. Also in future if road has to be widen for six lanes then
more than 60m land is required for toll plaza. The requirement of land and time
consuming for acquiring land and  time
required to settle the court cases is wastage and it is beneficial to the
government that to take the land on lease basis with 8% on the  land price per
year. Hence this proposal is
forwarded herewith for necessary permission. 


 

36.       On 27/11/2010, Shri Bhasker Fulab Lande, Shri Suresh Dilip
Gaikwad and other resident of Ranjangaon Ganpati, Pune 412209 have given police
complaint to Police Inspector, Shirur against the Ashoka infrastructure, for
illegal collection of toll and illegal construction of toll plaza at Ranjangon
Ganpati. As per the orders issued on 19/11/2010 of PWD, Ashoka
infrastructure,has to stop the
collection of toll from 25/11/2010
and also he has to do the maintenance of road.

(Please
see attachment Page No___ to ____)

 

37.       The land owner have sent the objections to the government for
acquisition of land and now PWD has submitted the proposal for acceptance of
land on lease basis. But still the enterprener is collecting the toll and also
he is doing the construction work of toll plaza which is illegal and hence the
police should file the FIR against them and arrest them for there illegal work
and illegal toll collection.    

           

38.       From 1/12/2010
Shri Anna Hazare has started the (Andolan) Drive against the toll collection.
He has published a handbill in which following points were raised –

(Please
see attachment Page No___ to ____)

 

I.
            All the information to be
displayed on the toll plaza stating the length of toll road, how many tenders
were received, the merits of  approval
and acceptance of tender, cost of the tender, what is the agreement between
builder and Govt.

                           
II.               
On 26th Jan 1950 we
have got our republic and we are free. The public is owner of this nation and
Officers and elected members are worker of the public.

                          
III.               
Install the
electronic display on the toll so that each person pays his toll will come to
that how much money is balance after his payment.

iv.              
Every year there is
increase sale of vehicles and as per the govt records there is increase of
vehicle registration in RTO and from which it is clear that toll payment is
also increased. But nowhere toll has been decreased.

                         
IV.               
While registration of
vehicle each citizen is paying huge road tax but still he has to pay toll which
is double taxation

                          
V.               
In Maharashtra State
there is no uniform system for collection of toll and there is no rule for the
same. Every toll plaza is collecting toll on there own style.

                         
VI.               
Number of toll plazas
have been closed by the government but still toll collection is continued by
them

                        
VII.               
It has been observed
that PWD has utilized the money of private enterprises for construction of
building but the cost is being paid by the public by paying the toll which is
illegal.

                      
VIII.               
The toll road should
be maintained properly and there should be basic needs for the public such as
toilets, rest rooms etc. but there is no mechanism from the Govt side.

                         
IX.               
There is no proper
record maintained on the toll plaza that how much toll has been collected daily
and because of non existence of electronic system govt is unable to keep watch
on it.

                          
X.               
Once person has paid
the road tax while registration of vehicle and he does not want to go to via
toll road he should have option for the same but in India he does not have
choice and
he has to go by toll road only. His fundamental rights have been seazed by the
government. Which is illegal as per the constitution of India.

                         
XI.               
It has been strongly
demanded that all the toll plazas to be electronic and from 100 meters it
should be readable that how much toll has to be collected and how much has been
deducted from the total cost. The cost of tender, name of contractor, Date of
starting of toll, last date, total balance of toll after paid by each person
etc.

 

39.       On 6/12/2010, Chief Engineer, PWD, Pune
has written a letter to Secretary (Construction), PWD, Mantralaya, Mumbai 32
that as per the report received from the three member committee about the work
of Pune Shirur road, the work is incomplete and Contractor has been informed
accordingly. But contractor has not contacted so far. As per the report
received from the Sup. Engineer and Executive Engineer of PWD, right of
collection of toll of M/s Ashoka Infrastructure has to be withdrawn. And this
office supports the proposal submitted by the Sup Engineer for the same.

(Please
see attachment Page No___ to ____)

 

 

40.       On 7/12/2010, PWD, Mantralaya, Mumbai has written
letter to Chief Engineer, PWD Pune that Chief Engineer is competent to take
actions as per the Tender Notice conditions and you take the actions as
required.

(Please
see attachment Page No___ to ____)

 

41.       On 7/12/2010
Executive Engineer, PWD Projects Division, Pune has written Ashoka
Infrastructure Ltd, Pune that you have not followed the Tender Notice clause No
3.7.9 and you have been informed about the incomplete work  by letter on
11/11/2010, 1/12/2010 and 6/12/2010. And now rights of collection of toll
has been withdrawn. Also the toll collection suspension will be inforce until
you complete renovation work 100%.

(Please
see attachment Page No___ to ____)

 

42.       On 7/12/2010 Executive Engineer PWD has written letter to Ashoka
Infrastructure Ltd and ordered him to stop toll collection as his right of
collection of toll amount has been withdrawn because he has not completed
renovation work of 53.4km as per contract clause No 3.7.9.

Further he has been
informed that until completion of 100% pending work suspension order of toll
collation will exist.

(Please
see attachment Page No___ to ____)

 

43.       The toll collection was suspended from 7/12/2010 because of
non completion of 100% work but on ____Secretary, PWD, Mantralaya Mumbai has
given permission for toll collections and it has been started again by Ashoka
Infrastructure from ________ though until today no completion certificate has
been issued by the Government.    

(Please
see attached toll receipts and orders at Page No___ to ____)

 

44.       The toll has been collected based on the projected figures by
opposite party No 2 and for doing favor to opposite party No 1 the Opposite
party No 2 has made the records as under:-

 

a)         DAILY
TRANSPORT AND TOLL COLLECTION AS PER HISTRY SHEET OF GOVT OF MAHARASHTRA
FOR YEAR 2004

(please
see attachment page No _____of history sheet for proof)

 




    VEHICLE TYPE


   NOS


   RATE


   AMOUNT




    CAR/JEEP


   5883


   35


   205905




    LMV


   3303


   50


   165150




    BUS/TRUCK


   7074


   100


   707400




    HEAVY


   122


   175


   21350




    


    


    


    




    


   TOTAL


    


   1099805




 

b)         TOLL
CALCULATION AS PER THE GOVT OF MAHARASHTRA
CASH FLOW FOR YEAR 2010

(please
see attachment page No ____ for proof)

 

 




   VEHICLE TYPE


   Nos


   RATE


   AMOUNT




   CAR/JEEP


   10038


   25


   250950




   LMV


   3270


   45


   147150




   BUS/TRUCK


   4769


   90


   429210




   HEAVY 
   3A


   749


   150


   112350




   HAVY -M


   229


   220


   50380




    


   TOTAL


    


   1099805




 

45.       The record of accidents from June 2008 to December 2010 from
the three police stations located on this road is further confirmed that due to
unfair trade practice and due to negligence of the Govt and  Entrepreneur more
than 1000 accidents took
place during these 2.5 years and almost daily minimum one accident took place
on this road. The sumerised record of the accidents during these period is as
under:

 




   S. No.


   Year


   Total Accidents


   Dead


   Major Injured




   1


   Jun
   2008 – Dec 2008


   261


   71


   86




   2


   Year
   2009


   311


   86


   98




   3


   Year
   2010


   309


   74


   76




   Total


   881


   231


   260




 

(also please see the attachment at page no ___ to ___ for
the report of the three police stations namely Lonikand, Shikrapur and Shirur)

 

46.    The grounds related to the complaint are as
under:

a)    The cost mentioned in the feasibility report is Rs. 8427 lakhs
and as per the advertisement estimated cost has been fixed to Rs 7510.66 Llakhs
from earlier advertised Rs 10160 lakhs. While as per the Contract Agreement
cost has been fixed to Rs. 10500 Lakhs. Which is contradictory and we the
customers/users have to bear this cost by paying toll for more years. Actual
cost may be less than the feasibility study report. This resulted in collecting
excess price.

 

b)    The Toll Collection period through 2 booths at dist of
46km is  5 years  as per feasibility report  while as per the tender
documents it has been
fixed to 10 years and 2 months.  By
increasing the period the opposite parties are extracting more money from the
user/customers resulted in collecting excess price.

 

c)    The distance between two toll collection booths should not
be less than 35-40km as per the Govt. Orders/norms/guidelines etc. but in this
case the distance between two booths is just 25km. by this the opposite parties
are extracting more  money from the
customers/users. Number of users have to go upto Ranjangaon Ganpati Industrial
area from Pune city and to extract double toll from them the opposite parties
have
erected the toll plaza in Ranjangaon Ganpati for extracting the toll amount.
This
is an unfair trade practice and conspiracy by both the OP’s.

 

d)    The Opposite parties have not acquired the land for road
widening and for construction of toll plazas. The opposite party No 1 M/s
Ashoka Infrastructure has not deposited the land acquisition charges with the
opposite party No 2 as per the accepted and signed tenders by the both parties
resulting the inconvenience to the users/customers as there is no proper road
widening and no satisfactory lanes for toll collection place. Due to this the
rush will be always there for payment of toll and the very purpose of traveling
fast without any obstacles by paying toll is not served. On the contrary it
makes loss of time and in conveyance to the customers/users.

 

e)    As per the various inspection reports of the Quality
Control Department and as per PWD Engineers the work has not been completed as
per the contract and amount of work pending is more than 2% still toll
collection has been started due to this all the users/customers who are paying
toll has to face various problems/accidents while using the road. This act is
deficiency
in services by the both the parties. This is as example of the goods for
hazardous to the life and safety for users. Due to this number of accidents
happened on the road and number of users have lost their life, number of users
have seriously injured. The customers/users and their families have
suffered. 

 

f)     Two joint inspections of the road has been carried out by
the opposite party No 2 and customers/users on 21/08/2010  and 04/11/2010 and
found that there are more
than 125 pending works are exist though the toll collection has been started
since 05/07/2005 based on the provisional completion certificate issued on
24/06/2005. As per the provisional completion certificate opposite party has to
complete the remaining work within 60 days from date of start of collection of
toll date 06/07/2009
i.e. on or before  06/09/2005 he has to complete the
remaining work. But after completion of more than 5 years very precisely more
than 58 months from the issue of provisional completion certificate the
opposite party no 1 has not completed the work. Also Opposite party No 2 has
allowed the other OP No 1 to collect the toll with unfair trade practice,
defective service/goods, 

 

g)    This is the fault, imperfection, shortcoming or inade­quacy
in the quality road work, nature and manner of performance which is required to
be maintained by or under the road safety and motor vehicle act 1958.

 

h)   The Govt is collecting the one time road tax while
registration of new vehicle in RTO office. RTO is collecting this road tax and
deposits it to the office of Transport Commissioner at Bandra, Mumbai and the
Transport Commissioner distributes this amount to Jilha Parishad (District
Administrators Office) and to the Public Works Department for maintaining and
construction of roads. The Govt. also collect the cess for road 
development/construction through petrol
price. And now Govt is adopting BOT for construction and maintenance of road by
private entrepreneurs and allowing them to construction and maintenance of road
and collect huge toll tax from the customers/users/public. This means Govt is
charging three times on the name of road development/maintenance. Which is not
correct and as per consumer protection act, these two service providers,
charging for the service mentioned in the com­plaint (road development and
maintenance) a price in excess of the price.

i)    
While registration of
new vehicle or re-registration of old vehicle from another state consumers are
paying road tax, while obtaining the National/interstate permits RTO is
collecting extra road tax under the name of road permits, while selling the
fuel, (Diesel and Petrol) State Govt and Central Govt are collecting Cess Fund
for development of roads. While formulating the budgets for new financial years
Govt is increasing the road tax though number of roads have been
reconstructed/widen by the private entrepreneurs and for that they are
collecting the toll charges no where Govt is 
decreasing the road taxes for various permits or while registering the
vehicles at RTO offices. This is an unfair trade practice by the opposite party
No 2 and it’s a fit case for consumer court. This is “restrictive trade
practice” which tends to bring about manipulation of toll price and conditions
are affecting services in such a manner as to impose on the consumers
unjustified costs.

 

j)     As per the letter given by Executive Engineer of PWD on
2/9/2005, the toll has been collected within two months is Rs 5000 lakhs upto
the date of issue of letter. In this letter he has also mentioned that about
7160 lakhs work has not been completed out of 10500 lakhs rupees total work.
The toll collection is illegal as per this letter and he has not deposited the
amount for land acquisition, for shifting of telephone poles, electrical poles,
Tree transplantations etc work has not been done. But still he has been allowed
to collect the toll this is deficiency in service, unfair trade practice and
conspiracy by both the OP’s. As on today they have collected toll for about 70
months.  That means as per the letter
issued by Executive Engineer on 2/9/2005
(Rs 5000 lakhs for 2 months) they have collected about Rs 175000 lakhs rupees
from the users/customer by imposing toll which is far more than the actual cost
of construction and as per tender document.   

 

k)     The PWD department
has prepared a history sheet in 2004 for daily transport and toll collection
for various transport vehicles and as per that daily Rs 1099805/- rupees income
has been projected. The same department has made a cash flow for the year 2010
and as per that the toll rates of various vehicles have been reduced and the
numbers have been adjusted such that the daily collection of toll figure is
same to Rs 1099805/-. This is very contradictory as per the feasibility report
submitted by the same department. All these figures have been shown just to
give benefit to the Entrepreneur and to continue the loot of
customers/user/people of this country.

 

l)     As per feasibility report PWD has counted the vehicles
and the traffic increase was 17% per year. But they have considered only 8%
increase per year. This is again considered for the benefit of the
Entrepreneur. As per various reports of the companies there is considerable
increase of manufacturing/sale of four wheelers. Some companies have doubled
their productions and sale in Maharashtra.
They have announced the profits to the share holders and the growth is 20% to
30%. This can be verified from the company records. Also it can be verified
from the records of RTO and Transport Commissioner that the vehicles have been
increased more than the 17% per year on road. 
Also as per the Govt. orders each year 2 times they are doing counting
of vehicle traffic in one year. The report of such counting has not been
considered for revising the toll period which is contradictory.

 

m)  Some of the drivers were not having money to pay the toll
in this case the Opposite party No 1 has asked the drivers to deposit the spare
wheel/spanners/jacks/Tommy with them which is illegal and this has been pointed
out by the Superintendent Engineer, PWD on 16/07/2010. In his visit he has
found that number of spare wheels, tommy, jacks, spanners along with the toll
receipts  were kept in the Opposite Party
No 1 store near toll plaza..  This is a
case of monopoly and restrictive trade practice. Without any legal entity they
are keeping the essential things of vehicle. If by chance vehicle gets puncture
or it gets off –road then he will be helpless as the essential things like
spare wheel/jacks are not with him to make the vehicle on road.

 

 





Prayer :

From all the above facts and grounds the
President and Members of National commission may award following relief’s:-

(a)
      Direct Opposite parties No 1 and 2
to remove all the defects as mentioned above  and direct them to complete 100%
work as per
tender.

(b)
      Direct the Opposite party No 1 to refund
all the toll collection money about 175000 lakhs rupees to the consumers by
depositing the toll collection amount in the Govt. Treasury for benefit of
consumers as this toll collection is illegal and it will not be possible to
refund to each customer.

(c)
       Direct OP No 1 to award
compensation of Rs 10 lakhs to each legal hair for the loss of life and Rs 5
lakhs for the injury suffered in the accidents on this road during the toll
collection period.

(d)       Direct OP No 2 to cancel all work given
to OP No.1 and  direct them to blacklist
this company for Govt. work

(e)
      Direct Opposite party No 2 to discontinue
of unfair trade practices  and direct  not to repeat them in other toll cases
also.

(f)        Direct Opposite party No 2 to implement
the electronic toll collection system suggested by Shri Anna Hazare in his
demand for proper transparency.

(g)       Impose suitable fine on both OP for
negligence.

(h)       Direct CBI to conduct inquiry of both the
OP for misusing power and harassing the common peoples and looting the money.

(j)         All the concerned Officers of Govt may
be punished by asking them to pay the fine amount.

(k)        Award
adequate costs to parties for this case.

(l)         Any other compensation the commission
may award.

  

The
complainant reserves the rights to modify, addition/alteration in the complaint
if required and permitted by Hon. President and members of National Commission.

 

The
cost of compensation is more than one crore, hence the national commission is
having full right and jurisdiction to entertain this complaint.

 

 

 

Place: Pune

 

Date:      
April 2011

      Complainant
No. 1.            Complainant No. 2.

 

Verification

 

We
the complainant Akhil Bhartiya Grahak Panchayat, Pune District, through its
president Shri Ramesh Devram Takalkar, Age 40 years, Occupation : Farmer,
Bandal complex, Post Shikrapur, Tal Shirur, Dist Pune, and Shri Sanjay
Pachange, President, Krantiveer Pratishtan, Age 45 years, Occupation: Farmer,
residing at Dhok Sangvi, Tal Shirur, Dist Pune, do solemnly declare and state
that the particulars stated above are true to the best of our knowledge and
belief and no part thereof is false and nothing material has been concealed
there from.

Verified at  Pune
this ________ day of April Year 2010

 

 

      Complainant
No. 1.            Complainant No. 2.

 





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