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Saturday, December 28, 2013
Friday, December 27, 2013
HOUSEWIFE HITS HEADLINES. GIVES IT LEFT,RIGHT, LEFT, TO THE LEFT.
HOUSEWIFE HITS HEADLINES. GIVES IT LEFT,RIGHT, LEFT, TO THE
LEFT PARTY.
This is an interesting article of how a housewife took on
the might of the Leftist parties in Kerala and give them a sound tongue
lashing.
Housewife scolds Left Leaders.. http://youtu.be/h2OMKdD4yvk
What she said was in typical, no holds barred, Trivandrum slang“
You Communist party people ( sic) came to all our houses and collected Rs 100/-
each. For what? To block the road we use? “
The Communist party leaders responded “It is for the people
that we are protesting”
The reply came” Which
people? What people?( sic).” “When 10 and 12 year old girls are harmed, you don’t
have time to protest” “what are you protesting against?”
The CPM party responded “Against the Chief Minister”
And the tirade continued “ Let him rule, we elected him for 5 years” “Why are you troubling us, why are you
blocking our road and right of passage, it is because of you people( sic) that the police have kept barricades”?
At this the Left party quickly shifted the focus and vent
their spleen on the policemen asking them to give right of way to the lady!!!
The news went viral in Trivandrum and by nightfall she was
declared a heroine. “Veer Vanitha” or “valorous one” became her nickname!
Kochouseph Chitilapally, the owner of V Guard brand of
electrical appliances gave her an award of Rs 5 lakhs for showing exemplary
courage and for voicing what nearly everyone wanted to say, but never had the
courage to do so.
Discussions on LDF strike. Kochouseph Chitilapaly, LDF, Kadakampally
Sundaresan http://youtu.be/tx9SGnYEavA
The rather clue less Left Front party leaders responded in
the way that is now characteristic of them. They accused her of being a worker
of the Opposition!!! Not surprisingly some unknown people damaged agricultural property
at her house!!
Leftists lambasts housewife: http://www.youtube.com/watch?v=tx9SGnYEavA
Property damage at her house: http://youtu.be/CzZ0yycNOC8
And life goes on in God’s own country!!!
Thursday, December 19, 2013
Caveat Emptor. Star Health and Allied Insurance Co Ltd.
This is for the benefit of Indian citizens who avail of medical insurance.
I had recently taken an Individual Medical Insurance from Star Health Assurance vide their agent in Mumbai, India. This was to oblige an agent of theirs who was very helpful to me with regard to purchase of some consumer electronic items and their repairs.
I was covered by a medical insurance taken through Oriental Insurance Company for the past three years. I decided to discontinue that and shifted to Star Health Assurance on his request and advice, since I was told that the Star Health policy was cashless and accepted at Hinduja Hospitals where I had been for my medical checkups. The cover was for Rs 300,000/-(Rupees Three hundred thousand only).
One year passed and this year, in September 2013, I renewed it for Rs 5,00,000/- ( Rupees Five Hundred Thousand only). I have never been hospitalized and have no diseases as indicated in my medical records. The company mentioned that I would be entitled to a no claim bonus. This meant that my policy would be for Rs 5,75,000/-( Rupees Five Hundred and Seventy Five Thousand Only). Now, when the policy came to me, there is no mention of any No Claim Bonus and the policy was not the formal contractual document that is provided, but a single sheet of paper called a schedule which mentioned the cover amount at Rs 500,000/- ( Rupees Five Hundred Thousand Only).
My repeated requests for a revision of the documents went unheeded for two months and even after I approached a senior manager of Star Health by the name of Tarakeshwar Mishra, who argued in my favor. The response was lukewarm. I got a letter vide email, which was titled "endorsement" and mentioned some amounts which included Rs 515,000 and also Rs 10,00,000/-.
This did not make any sense and I approached the IRDA Ombudsman. The Ombudsman did not respond for a fortnight or so and I called them up. They responded on the second call and a token number was given. The response from Star Health to this is attached below. It is ridiculous for the following reasons:
I had recently taken an Individual Medical Insurance from Star Health Assurance vide their agent in Mumbai, India. This was to oblige an agent of theirs who was very helpful to me with regard to purchase of some consumer electronic items and their repairs.
I was covered by a medical insurance taken through Oriental Insurance Company for the past three years. I decided to discontinue that and shifted to Star Health Assurance on his request and advice, since I was told that the Star Health policy was cashless and accepted at Hinduja Hospitals where I had been for my medical checkups. The cover was for Rs 300,000/-(Rupees Three hundred thousand only).
One year passed and this year, in September 2013, I renewed it for Rs 5,00,000/- ( Rupees Five Hundred Thousand only). I have never been hospitalized and have no diseases as indicated in my medical records. The company mentioned that I would be entitled to a no claim bonus. This meant that my policy would be for Rs 5,75,000/-( Rupees Five Hundred and Seventy Five Thousand Only). Now, when the policy came to me, there is no mention of any No Claim Bonus and the policy was not the formal contractual document that is provided, but a single sheet of paper called a schedule which mentioned the cover amount at Rs 500,000/- ( Rupees Five Hundred Thousand Only).
My repeated requests for a revision of the documents went unheeded for two months and even after I approached a senior manager of Star Health by the name of Tarakeshwar Mishra, who argued in my favor. The response was lukewarm. I got a letter vide email, which was titled "endorsement" and mentioned some amounts which included Rs 515,000 and also Rs 10,00,000/-.
This did not make any sense and I approached the IRDA Ombudsman. The Ombudsman did not respond for a fortnight or so and I called them up. They responded on the second call and a token number was given. The response from Star Health to this is attached below. It is ridiculous for the following reasons:
- It has been sent by courier and states that I did not register my email id in my complaint with the IRDA.This is a blatant lie. The complaint itself was filed from my email id to the IRDA and forwarded by them. Star Health themselves had been corresponding with me vide my email id!!
- Secondly they claim that "due to some technical problems, the no-claim bonus is not getting reflected in the policy"!!! This raises the question of whether Star Health Assurance is actually qualified to be a medical insurance provider? If they do not have the systems to identify policies accurately, the amount insured correctly, how can they process cashless payments to policy holders?
- I think Mr T.S. Vijayan should suspend their license till they are ready to function with all their systems intact and functional. Else the company will be violating recent Supreme Court Judgements regarding provision of medical insurance beneifts.
Monday, December 16, 2013
The Murky Mysteries of Mahindra Park Ghatkopar West, Mumbai, India.
This is a social media experiment. I purchased a flat in Mahindra Park towards the end of 1997. Sixteen years later, I find that there are some serious problems there which need to be solved urgently. It cannot be done by a single person, and I believe social media may provide the answers.
Please find enclosed the gist of the story at Mahindra Park
Ghatkopar which I have christened "The Murky Mysteries of Mahindra Park". I have provided links to a blog I created specifically to load
documents and evidence regarding this story. Trust this is of use to those of you who follow issues of public interest and chose to take up causes.
The Murky Mysteries of Mahindra Park
·
· Mahindra Infrastructural Developers develop a
residential property in Ghatkopar and sell flats from 1997 onwards.
h http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/05/1997-purchase-of-the-flat-at-mahindra-park-ghatkopar-west/
·
http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/15/mysteries-of-mahindra-parkcontinued/
The sales agreement mentions a land parcel of 32,463 sqmts of land and 400 flats with a swimming pool, club house with gymnasium and kids play area along with ample car parking.
The sales agreement mentions a land parcel of 32,463 sqmts of land and 400 flats with a swimming pool, club house with gymnasium and kids play area along with ample car parking.
Mahindra’s build 440 flats in 11 blocks and then
hand over part of the land to the MCGM as a Municipal Garden and also promise
to construct a Maternity Hospital in the premises in exchange for additional
FSI to construct another 40 flats!!
·
The land area available with the MPCHSLtd ( flat
owners) comes down to 26,702 sqmts!! A reduction of 5,761 sqmts of land. This
would have a market value of at least Rs
120 crore/- according to real estate consultants!!
·
There is then the possibility of
misrepresentation by the builder regarding open spaces available to the flat
owners as the letters from the builder evidence…
·
Within all this, the role of the Management
Committee’s begin to look very mysterious and inexplicable. There is a resolution passed in a Special
General Body Meeting in January 2007 to
initiate legal proceedings against the builder and that is not acted upon till
date, after nearly 6 years!!!
·
The person who moved that resolution is Mr
Ashish Mehta, who is now the incumbent Secretary. He however has a completely
different point of view, almost justifying the builder, which he aired to a
correspondent from the Economic Times!!
·
Another Management Committee member by the name
of Ashok Kheratmal who was also the Secretary of the MPCHSLtd mentions that
when he went vigorously against the builder and led a march of the
residents to the Police Station, he received threatening calls.
He mentions in an email to the members in January 2013, that he received threatening calls on more than one occasion.He apparently also filed a complaint at the Police Station. He has since then, gone cold on this issue.
The circular he distributed on the 12th December 2009 is a veryuseful document, since it
lists all the issues involved. It is an eternal mystery as to why this was not
followed through!! It is now 4 years since this note and things have not moved
much!!!
He mentions in an email to the members in January 2013, that he received threatening calls on more than one occasion.He apparently also filed a complaint at the Police Station. He has since then, gone cold on this issue.
In 2010, the builder sent a “proposal for conveyance” wanting the Management Committee to approve the plans to give up the land for a Park and the Maternity Hospital. They also suggested a proposal to allow them to construct a road through the property to connect another plot they were developing with the Mahindra Park main entrance. All of this was rejected by the legal counsel who is also a resident of Mahindra Park. His recommendation that we move legally was strangely not acted upon for nearly 3 years now!!!
·
Another member by the name of Sudip Narvekar (
Cell Phone XXXX) has gone ahead and filed a case against the builder (
MLDL) and the Mahindra Park Cooperative Housing Society Limited ( Management Committee). He was however forced to move
outside and lease his house out to somebody else!! A climate of fear has
therefore been created and a culture of cowardice.
·
This explains the anonymous tweets and anonymous
emails floating around. The tweeter apparently posted aggressive messages on
Anand Mahindra’s tweeter account demanding corrective action!!!
·
Mahindra’s allegedly
have sold the undeveloped plot near Mahindra Park to Damji Shamji Shah
Group. There is now fear that this Group may build the road through the
property by influencing the Management Committee and since the conveyance is
still with the builder, it will be difficult for the flat owners to move
legally.
http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/the-mysteries-of-mahindra-park-the-issue-of-a-road-and-boundary-walls/
POST SCRIPT. 21st FEBRUARY, 2014.
My investigations are over. A circular to all the members of Mahindra Park is carried below:
http://blogs.rediff.com/mahindraparkghatkoparflatowner/2013/12/16/the-mysteries-of-mahindra-park-the-issue-of-a-road-and-boundary-walls/
POST SCRIPT. 21st FEBRUARY, 2014.
My investigations are over. A circular to all the members of Mahindra Park is carried below:
- This is to let you know that my investigations into the "Mysteries of Mahindra Park" are over. The findings that are relevant to you are given below. You will also find the text of a missive sent to the MCGM and the Government of Maharashtra regarding the observations and a request to correct the same.
- It is clear that the sale agreements signed by Mahindra Lifespace Developers ( MIPL) were for 32,463 sqmts of land and that the land use agreement mentioned in the agreement was CE/355/BPES/LON dated 14.5.1994.
- This land use plan was changed by Mahindra Lifespace Developers, without the knowledge and express consent of the members who had purchased flats in Mahindra Park and land was unlawfully handed over for creation of a maternity hospital, recreation ground along with the access road to these areas.This is evidenced by the altered and amended copy of CE/355/BSE/LAN dated 26.08.2003. This is a violation of the Maharashtra Ownership of Flats Act.
- This has left the member owners of the Mahindra Park with only 26,702 square meters of land. This is roughly equal to the FSI utilized by Mahindra Lifespace Developers Ltd and barely keeps all the buildings and the 440 flats, barely within FSI limits. The balance land, where FSI utilisation is not possible due to height restrictions and D.C.Regulations, has been unlawfully handed over to the MCGM, to obtain additional FSI, to build another block of flats, as also TDR, for FSI to be utilised elsewhere.This is clearly unlawful and the builder has taken away land estimated by some, as worth more than Rs 140 crores!!
- The altered plan of 26.08.2003 also does not provide for any space to be provided for parking facilities to the 440 flat owners, as is required by the DC Regulations and MOFA and is therefore unlawful. The open space calculations seem to be for 26,702 sqmts of land and not the full 32,463 sqmts of land.
- The RG in front of A to E blocks has been falsely indicated as belonging to Mahindra Park in a communication from Mahindra Lifespace Developers Ltd dated 13.10.2010. Documents clearly evidence that MCGM owns it and that we have been only paying for its maintenance.
- Evidence of this can be seen by clicking on this link.Unlawful Alteration of Land Use Plan and Misrepresentation of RG Ownership. Sections 405 and 420 of the IPC???
- Since the MCGM would become a co-respondent in any litigation regarding the unlawful land use plan, I have written to MCGM and the Maharashtra Government, to repudiate this land use plan, including the sanctions for the Maternity Hospital, RG and the TDR and to return the land taken away from us. As also to instruct Mahindra Lifespace Developers to issue us the conveyance for the full 32,463 sqmts of land, as per the law and regulations prevailing.
- Cancelling the land use plan CE/355/BSE/LAN dated 26.08.2003 and getting a revised plan, which provides for 25% open space and car parking area for all the 440 flats, would be the way forward.
- Mr Ashok Kheratmal has shared with me a letter dated 24th Dec 2007signed by most members which requests Mahindra Lifespace Developers to stop the construction of the Maternity Home. He informs me that he had sent copies of this to the MCGM also. I believe a similar joint petition should be sent to MCGM and to the Chief Minister's Office,signed by all members asking the authorities to rescind the land use plan CE/355/BSE/LAN dated 26.08.2003 and for their intervention to get us the long overdue conveyance for the 32,463 sqmts of land that belongs to us.
- This should then be followed up with a legal notice from the elected representatives in Office and signed by all the members. The litigation should then start, if the response is not positive. The litigation should be initiated by the elected Management Committee. The MPCHSLtd has the option to initiate criminal proceedings for criminal breach of trust and my counsel informs me, that it would be the best option to take.
- My counsel informs me that a lone member petitioning this issue, may have lesser chances of success, as compared to the full general body. The judiciary could ask why most members are silent and protesting only through anonymous sources, when they stand to lose so much of their money. It is a question which media is also asking. It is also clear that the litigation would and could benefit everyone, so why should just one person or a few others bear the entire burden of costs, risk and time? I have therefore declined the financial help offered by some members and asked them to persuade the Management Committee to act on this without further delay, or petition the Registrar of Cooperative Societies to do so.
- As far as I am concerned I have done my bit. There is nothing more to be done here.
- The case rests.
D55 Mahindra Park
_____________________________________________________________________________________________
15th February 2014
Mumbai
To,
Sitaram Kunte, IAS
Municipal Commissioner
Municipal Corporation of Greater Mumbai Municipal Head Office Mahapalika Marg Mumbai-400 001.
|
Sub:
Request to investigate possible violation of various laws relating to
the DevelopmentControl Regulations , Maharashtra Region and Town
Planning Act, MaharashtraOwnership of Flats Act, Mumbai Munical
Corporation Act, Urban Land Ceiling Registration Act and thevarious IOD’s issued to the MahindraLifespace Developers Ltd, (Previously known as Mahindra Infra-structural Projects Ltd andMahindra Gesco)
Reference:Mahindra
Park Cooperative Housing Society Ltd. MUM/WN/ HSG(TC)/8644/SAN-2001.
CTS175, Narayan Nagar, LBS Marg,Ghatkopar West. Mumbai 400086.
Your Reference:IOD dated 7.2.1994 carrying file number CE/5629BPES/AN
Commencement Certificate CE/5629/BPES dated 20.4.1994.
Commencement Certificate CE/5628/BPES/AN dated 7.4.1997
Land Use Plan approval CE/355/BPES/LON dated 14.5.1994
Altered and amended copy ofCE/355/BSE/LAN dated 26.08.2003
Dear Sir,
We,
as residents of Mahindra Park, had purchased flats underthe provisions
of the Maharashtra Ownership of Flats Act and were promised 32,463sq mts
of land since 1997, from CTS 175, N ward, Ghatkopar West.
Till date, the conveyance has not been provided for theentire 32,463 sqmts. The MPCHSLtd had, according to the office bearers, made verbal requests and these were not responded to, positively.
On 9th
December 2009, the MPCHSLtd has written to the MCGM and the local police
station of violations regarding the provisions ofthe Section 7 of the
Maharashtra Ownership of Flats Act Section, violations of DC regulations 23 and 29 and thevarious provisions of related laws. Construction of a Maternity Hospital by unlawfully handingover our land was then stopped.
The land however is guarded by theSecurity Guards of Mahindra Lifespace
Developers and is not available to us. An RG located in our premises has
been unlawfully handed over to the MCGM for public use, since 2003, in
violation of laws and without our consent. Please rescind the approval given to a public RG and return the open space.
In
2010 we received a proposal for conveyance which suggested that the land
use plan was amended without our consent and that the land committed in
agreement to us which came to 32,463 square meters and was reduced to 26,702 square meters. This
clearly is unlawful and the builder has committed a criminal breach of
trust by giving away land already sold to flat owners to the MCGM to
possibly avail of additional benefits of TDR and related FSI. The
CE/355/BSE/LAN dated 26.08.2003therefore should be repudiated and
declared null and void.
Please
also be advised that the parking lots as required by Maharashtra
Ownership of Flats Act have not been provided to all the flat owners
(only 60 or so, out of the440 flat owners, have dedicated parking lots) and
the plans submitted, do not provide the space for this. The current
practice of parking followed by residents is clearly violating the rules
for Fire Safety and was pointed out in a Fire Brigade audit.
The builder has also misrepresented facts in his letterto us of 13th October 2010,where it was mentioned that an RG under CTS 183/a is for the exclusive use ofMahindra Park residents.
Evidence indicates that in 2009 the MCGM hadwritten to MIPL to return
the RG back to the MCGM since they were not maintaining it properly. The
MPCHSLtd has been paying for its maintenance since.
We
would also like to inform you that the plot shown asIndustrial Plot
Plot D in the CE /355/BSE/LAN has been handed over Samji DhamjiShah
Developers and a residential plot “Tivon Park” is being marketed to
buyersvide their web site. We have been told by prospective buyers that the access road to this plot for motor vehicles could be given through Mahindra
Park. A similar proposal was made by Mahindra Lifespace Developers in
the past, which was rejected by the General Body. Interestingly, the
boundary wall that connects Tivon Park with MahindraPark was brought
down recently and till date, it has not been reconstructed . Since the
Management Committee has not acted on this, we have moved the Registrar
to remove the Management Committee under Section 89 of the Maharashtra
Cooperative Housing Society Act for failure to protect the assets of the
Housing Society.
The
legal counsel for the residents, had clearly warned that in the event of a
road passing through the Mahindra Park Society, connecting Tivon Park and Mahindra
Park, there would be violations of the DC Regulations with regard to open
space requirements and also violations of Maharashta Ownership of
Flats Act with respect to parking rights of members and unauthorized use
and denial of property owned by them.
The owners
of this residential area were clearly promised a gated community with the
land available being 32,463 square meters and ample parking space and
open spaces for families to live in peacefully. All this has been
violated. One member has already taken the builder and the
Management Committee to court. Social media is also active with this
issue and the newswas carried in Economic Times http://articles.economictimes.indiatimes.com/2013-10-15/news/43068677_1_facebook-page-facebook-and-twitter-errant-builders
It
is quite possible that this could blow up into a media circus when the
residents file a writ in High Court. More so, given that the issue of
real estate would be headline news in this election after the Campa Cola
and Adarsh stories. Appealing to you and the Chief Minister is the
first step in the process. Legal action would be the last resort. Hope
your intervention renders legal options superfluous.
For and on behalf of residents of Mahindra Park
Vinod Natesan. D55 Mahindra Park. Narayan Nagar, LBSMarg, Ghatkopar West, Mumbai 400086.
ENDS Post Script.
I sent across a complaint to the Chief Minister of Maharashtra and received this response from his office. Hopefully corrective steps will be taken and our land returned to us.
Response from the Chief Minister's Office to Mahindra Park Residents
ENDS
If you need anymore
details or contact numbers or any copies of documents , please email me
at natesanvinod@rediffmail.com.
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