Lots of money spent, but the purpose forgotten

B.Vaikunth Shenoy, Member, Mysore Grahakara Parishat writes

The storm water drains of Yadavagiri were repaired recently at enormous expense. Granite slabs were laid across the drains and grouted. There is no doubt it looks very nice.

But now the rain that falls on the road has no way of getting into the storm water drain. So it has to flow on the road itself. Also the level of the slabs covering the drain is higher than the road and so even the rain that falls on the slabs comes back on to the road. With so much water flowing on steep road, the road has been eroded badly and several potholes have formed. With the potholes and the gravel loosened by the flowing water, the road is quite dangerous to drive on. Heaven have mercy on the two-wheeler drivers negotiating this road.

To make the drains look nice, Mysore City Corporation has sacrificed the road. Bravo!

Irregularities in Booth-Level Committees

G.L. Nagaraj Urs, Member, Mysore Grahakara Parishat writes

Booth-level Citizen Committees were established in Mysore some time ago to fulfill the requirements of JNNURM grants. The intention of these committees is to decentralize power and allow citizens of a particular local area to participate in the planning for that area, in accordance with the 74th Amendment to the Constitution. In the beginning, it was thought that this was the sole purpose of these committees and so only citizens genuinely interested in serving their communities applied for membership. Applicants with the best qualifications were supposed to be appointed, but this has not happened. With increasing awareness that the committees also wield significant financial power with each committee getting Rs. 10 lakhs, vested interests have stepped into the picture and appointments to these committees have become irregular, with rules, regulations and fair play thrown to the winds. I give here one example of booth No. 122 for which I obtained information from the Assistant Commissioner of Mysore City Corporation zonal office in Krishnamurthypuram. There were only three lady applicants for the booth-level committee, but two were rejected leaving only one. But two ladies have been appointed to the committee. How was the second appointment made when she had not even applied? On what grounds were two applications rejected? Of the seven appointees to the committee, only four names appear in the voters list of booth no. 122. The other three are from booth nos. 117, 140 and 148. Why were these outsiders appointed to the committee of booth no. 122?

There is no end to such puzzling questions. Similar grave irregularities must be occurring in other booth-level committees also. Unless these appointments are made totally transparent so that only concerned and competent citizens are appointed, the committees will only squander their budget with no benefit to the general public The very purpose of the 74th Amendment will be then defeated

Misleading information regarding JNNURM in the article on Star Of Mysore

Star of Mysore, in an article titled "Centre Says 'No' To Outer Ring Road Under JNNURM" reports that the project was planned to be taken up under JNNURM at a cost of Rs. 90.70 crores and a proposal to this effect was sent to the Centre for approval. The Centre has written a letter to resubmit the proposal with clarifications on some technical points and with regard to acquisition of land.

Syed Tanveeruddin, member, Mysore Grahakara Parishat writes,

Many of the statements in the article run contary to the statements of the Government. In response to my aaplication under Right to Information Act, Mr. Rajesh Jaiswal, Under Secretary (NURM-II) of the Ministry of Urban Development of the Government of India replied on 18-11-08 on the status of the JNNURM projects in Mysore. A scanned image of his letter is enclosed as five Attachments.

According to the letter of the Under Secretary, the estimated cost of the Outer Ring Road Project as submitted originally was Rs. 90.70 crores. But the cost approved by the Ministry of Urban Development was Rs. 219.02 Crores, i.e., more than double the original proposal. The letter also says that Rs. 43.80 Crores HAVE BEEN ALREADY RELEASED.

Since Rs. 43.80 Crores have been already released for the project by 18-11-08 (the date of the MoUD letter), the statement that the Centre has said no to the project can not be correct.

The article in SOM states "The Centre in its letter dated Sept. 29 has informed that it is not possible to place the proposal before the CSMC as it is not of prominence under the National Urban Transport." This can not be true since according to the letter of MoUD, not only has the project been approved, more money than asked for has been approved and 25% of the approved money has already been released.

The article in SOM also states that KUIDFC has written a letter on 22-11-08 to the Centre and the DC has written on 10-12-08 to reconsider the proposal. This is strange since the money has already been released.

Garbage on Hunsur Road

The roadside of Hunsur Road at Hootagalli Industrial Estate is littered with tons of garbage .This is not only unsightly, but the terrible stench makes passing this stretch of the road an ordeal to motorists (and more so to pedestrians). Visitors to Mysore from Kodagu, Dakshina Kannada and Kerala thus get a nasty introduction to Mysore. Will the authorities take steps to clean up this mess?

Rampant Violations of Packaged Commodity Rules

G.L.Nagaraj Urs, Member, Mysore Grahakara Parishat writes

All merchandise sold in packages are governed by the the Standards of Weights and Measures(Packaged Commodities) Rules,1977. Because of liberalization policies of the government and globalization, merchandise which could not even be imagined in packages a few years ago are now being sold in packages.

As merchandise which is being sold in packages is increasing and the number of manufactureres of packaged commodities is increasing, violations of the Packaged Commodity Rules are also increasing. In the past, only small manufacturers were violating the rules, but now they are being joined by big companies also.

According to Sec. 10 of the Rules, every package must have the name and full address of the manufacturer (and the packer). Many packages sold by the smaller shops in Mysore do not carry the full address. They will just say Mysore-15 or Mysore-9. This is illegal. In the recent raids conducted by Mysore City Corporation against adulterated tea, none of the seized tea packages carried the full address and so the persons who did the adulteration could not be found.

According to the Rules, the weight, measure or number of the merchandise must also be printed on every package. There are restrictions on the weight, measure and number. For example, coffee powder sold in a package can only weigh 25g, 50g, 250g, 500g, 1kg, 2kg, 3kg,... A coffee powder packet containing 40g or 2.5kg is illegal. Similarly, a match box can only have 10, 20, 50, 60, 100, 150, 200, 250,... match sticks. A box with 55 sticks or 475 matchsticks is illegal.

This rule appears to be violated on a large scale. A coffeepowder packet manufactured by an MNC has 11.5g printed on it. A 1-rupee instant coffee packet by the same company does not show the weight anywhere. Some detergent powder packets of MNCs have 275g, 700g and 850g printed on them. All these weights are illegal.

It is easy to cheat consumers through packages which contain non-standard weights, measures or numbers. It becomes difficult for the consumers to compare prices of two different packages. Let us say that one brand is selling at 20 Rs. per 250g and another at Rs. 10 per 100g. It is then easy to figure out that the second brand costs Rs. 25 per 250g and so is more expensive than the first brand. But if the second brand sells at Rs. 6 per 75 gms, one would need a calculator to figure out if it is cheaper or not. The main purpose of using non-standard weights, measures and numbers seems to be to confuse and cheat the public.

Packaged Commodity Rules are very beneficial to the public. If they are violated (As explained above, cheating the public seems to be the main motive behind these violations), what can the consumer do? According to Sec. 39 of the Rules, selling packages which violate the Rules is also illegal. Such sellers can be fined upto Rs. 2000. The department of legal metrology (which used to be known as the department of weights and measures) has the authority to levy this fine. So if you come across such packages, complain to the department (Ph: 2363107 or 2363055). If the shop owner has to shell out a heavy fine, he will stop selling such products.

If you suffer a loss from such merchandise, you can also complainto the District Consumer Forum (Ph: 2344902) and get compensated for your loss.

The Latest Status of JNNURM Funds

Syed Tanveeruddin, member, Mysore Grahakara Parishat writes

In reply to questions put under Right to Information Act, the Ministry of Urban Development of the Central Government has given the following information on JNNURM projects for Mysore. As of November, 2008, only four projects for Mysore have been approved, remodeling of water supply network, cost Rs. 194 Cr., development of transport infrastructure, cost Rs. 85 Cr., upgrading outer ring road, cost Rs. 219 Cr. and Kabini water supply, cost Rs. 109 Cr. The total cost of these projects is Rs. 608 Cr. Of this amount, Mysore city has to provide 10% or Rs. 61 Cr., the state government will provide another 10% or Rs. 61 Cr. and the central government will provide the remaining 80%, or Rs. 486 Cr. The details are as follows:

Project Name -Central Aid- Released
(80% of cost)

1 Remodeling of Water Supply
Distribution Network(195 Cr.) -155.6 Cr. - 38.9 Cr. (i.e., 25%)

2 Development of Transport
Infrastructure facilities (85 Cr.)- 68.2 Cr. - 6.8 Cr. (i.e., 10%)

3 Upgradation of
Outer Ring Road (219 Cr.) - 175.2 Cr. - 43.8 Cr. (i.e., 25%)

4 Water Supply(109 Cr.) - 87.1 Cr. - 0.00 (i.e., 0%)

Total (608 Cr.) - 486.1 Cr. - 89.5 Cr.

The Ongoing Power Cuts

S G Vombatkere, President, Mysore Grahakara Parishat writes

The electricity consumers in the state have been subjected to highly unreliable electricity supply for the last few months. Lengthy power cuts (of up to twelve hours) have been imposed all over the state and the quality of life for the people has been severely eroded.

Such a major shortage of power is not an Act of God which is beyond the powers of human anticipation. The power supply companies (ESCOMs) must have foreseen it and if they foresaw it, they concealed it from the Karnataka Electricity Regulatory Commission in their Tariff proposal for 2008-9. We request the Commission to take action against the ESCOMs for this fraudulent lapse.

If on the other hand, the ESCOMs did not foresee this enormous power shortage, it indicates gross incompetence and inefficiency on the part of the ESCOMs. We request the Commission to take action against the ESCOMs for this incompetence and inefficiency.

It is reported in the media that power supply companies in Maharastra have been approaching the Maharashtra Electricity Regulatory Commission for any changes in power supply such as power cuts.ÿ Necessary deliberations in KERC in this regard, including public participation, can provide remedies for the electricity crisis in Karnataka.

We believe that there are credible methods to overcome the power deficit, but it requires determined and sincere effort on the part of the ESCOMs to implement them.

In this background, we request the Commission to urgently review the power supply scenario in the state, involve the public in the deliberations, and issue necessary directives to the ESCOMs.

National Commission Reins In Credit Card Charges

P.M.Bhat, Member, Mysore Grahakara Parishat writes

In a significant decision (III (2008) CPJ 62 (SC)) affecting millions of consumers all over the country, the National Consumer Commission has restrained credit card companies from charging higher than 30% annual interest. It has also ordered that penal interest can be charged only once for one period of default and shall not be capitalized. The Commission has also decreed that interest on credit card dues can be charged only on an annual basis and not on monthly basis..

The complaint against excessive interest charged by credit companies was filed by two NGOs from Gujarat and a consumer. Notices were issued to RBI and all the major credit card companies. RBI submitted that it had issued several notices to banks not to charge excessive interest, but admitted that it had not set any specific limit on the interest that can be charged. It claimed that consumer courts have no jurisdiction over RBI, but the National Commission dismissed this contention by noting that deficiency in service as defined by the Consumer Protection Act includes any shortcoming in performance which is required to be maintained by any current law. Banking Regulation Act, 1949 requires that RBI discharge certain functions in the public interest, with Sec. 35A mandating that RBI should restrain all banking companies from any conduct detrimental to the interest of the depositors. Since in the present case, RBI had not discharged this function properly, it could be proceeded against in a consumer court, the Commission held.

The credit companies submitted numerous arguments before the National Commission to justify the high rate of interest they are charging on their credit cards. They argued that in countries such as Philippines, Indonesia and Mexico, annual interest rates on credit cards are between 36% and 50%; in India, which is also an emerging nation like these, annual interest rates are just about the same ranging from 36% to 49%. But the National Commission did not agree with this argument. It said that in USA and UK, typical interest rates are between 10% and 18% while in Australia, the rates are between 18% and 24%. It added that there is no justifiable ground for adopting the highest rate of interest prevailing in the smaller economies and not attempting to follow what is prevailing in developed countries. Also, when the benchmark prime lending rate of banks in India is 10-15%, the Commission saw no justification on credit card interest of 36-49%.

Taking all factors into consideration, the National Commission ordered that credit card companies can only charge interest on an annual basis and not on a monthly basis, the annual rate of interest can not exceed 30%, penal interest in case of default can be charged for only one period of default and interest on penal interest (i.e., compounding of penal interest) is not allowed.

In light of Sec. 21A of the Banking Regulation Act, 1949, the National Commission decreed that these restrictions will not apply retroactively and so earlier cases in which excessive interest has been charged on credit cards can not be reopened to take advantage of the Commission's latest rulings. (According to Hindu Business Line of 4-5-06, the Supreme Court has struck down Sec. 21A of the Banking Regulation Act as violative of Article 14 (Equality Before Law) of the Constitution. We have been unable to verify this claim because of lack of citation. If Sec. 21A has indeed been struck down, earlier cases in which excessive interest has been charged on credit cards can be reopened to take advantage of the Commission's latest ruling.)

In its judgment, the National Commission came down hard on the functioning of credit card companies, saying "...this market has so far been mostly created, driven and operated by the banks and for the banks - with unsolicited and alluring offers of credit card facilities at the marketing front end and undisclosed, fine-printed sets of one-sided conditions of credit at the back end, couched in jargon and phraseology which even erudite scholars of the English language, law and finance would find rather obtuse and opaque."

MGP Launches "Buy and Burn" Campaign Against Adulterated Tea

Prof. A. Ramalingam, Member, Mysore Grahakara Parishat writes

Taking a leaf out of Gandhiji's Swadeshi movement, MGP launched on 9-11-08 a "Buy and Burn" campaign against adulterated tea.

Adulteration of tea has been going on in a large scale in Mysore for several years. Tea sold under various brand names (which do not include well-known national brands) are being adulterated with cancer-causing colours such as metanil yellow (used normally to dye textiles), red oxide (used normally to give red colour to cement floors) and other dyes used in wall paints and leather industry. Most roadside tea stalls use such adulterated tea powder since it is much cheaper than well-known brands. This practice is placing lakhs of Mysoreans under serious health threat.

Despite repeated warnings from MGP, Mysore City Corporation has been extremely lackadaisical about this threat to public health. Three weeks ago, MGP met the Mayor and demonstrated to him adulteration in tea. Shocked by this revelation, he ordered the Health Department of MCC to take immediate action against the hazards of adulteration. MCC has conducted a few raids since then and seized sizable amounts of adulterated tea from various shops.

To increase awareness among the shopkeepers about the dangers of adulterated tea, MGP has been arranging demonstrations by school children on simple ways of testing adulteration. The harmful effects of adulteration are also explained in these demonstrations. When tea powder sold in their shops is shown to be adulterated, many shopkeepers have come forward not to carry adulterated tea in their shops. Such shop keepers have been given "We Do Not Sell Adulterated

Tea" plaques to display in their shops. The first batch of plaques were presented on 5-11-08 by noted Gandhian Prof. K. Srinivasan, well-known singer Smt. Saroja Nagaraj and social activists, Prof. Kalachenne Gowda, Sri. Dhananjaya and Smt. Poornima.

The "Buy and Burn" campaign against adulterated tea is intended to increase the awareness of the public regarding the scourge of adulteration. It was launched by Dr. H.A.B. Parpia, former Director of CFTRI, Prof.K. Srinivasan, Sri. S.N. Lakshminarayana, former Librarian of the University of Mysore, Prof. S.K. Ananda Thirtha, Principal of K.Puttaswamy P.U. College and Prof. Kalachenne Gowda.

Photo1: Tea Burning

Photo2: Dignitaries, Prof Anand Thirtha, Prof Srinivasan and Dr.
Parpia in foreground, Sri. Lakshminarayana and Prof. Kalachenne Gowda
in background.

Condolence Meeting for Prof. K.M.Veerappa

Prof.A. Ramalingam, Member, Mysore Grahakara Parishat writes

A condolence meeting was held at Keelara, near Mandya today morning for the noted environmentalist, Prof. K.M. Veerappa who passed away recently. Local MLA, Sri. Srikante Gowda launched the planting of 500 saplings in memory of Prof. Veerappa. Prof. Ramalingam, Prof. Jagadish Gowda and Prof. K.T. Veerappa spoke about the achievements of Late Prof. K.M. Veerappa.

Photo 1: The speakers at the condolence meeting.

Photo 2: MLA Srikante Gowda, planting a sapling in honour of Prof.
K.M. Veerappa.

Campaign Against Adulterated Tea Continues

Prof.A.Ramalingam, Member, Mysore Grahakara Parishat writes

MGP's campaign against tea adulteration continued. On 5-11-08, its members visited several shops in the vicinity of 14th Main, Saraswatipuram and convinced the shop owners not to sell adulterated tea. Noted Gandhian, Prof. K.Srinivasan, singer Smt. Saroja Nagaraj and social activists, Prof. Kalachenne Gowda, Dhanajaya and Poornima presented "We Do Not Sell Adulterated Tea" plaques to the shop owners. Shilpa, a high school student tested tea samples on site to find out if they were adulterated. Samples of Tharanga tea found in three shops were found to have exceedingly high quantities of artificial colour. The entire stock of this tea was bought out to prevent the public from consuming it.

MCC Starts Anti-adulteration Drive

Prof. A. Ramalingam, Member, Mysore Grahakara Parishat writes

A delegation from MGP met the Mayor and the MCC Health Officer a few days ago and demonstrated to them that all the local brand tea samples collected by MGP in Mysore were adulterated. The Health Officer promised to the agitated Mayor that action would be taken within three days to stop the menace of adulteration. Today, a Food Inspector, Mr.H.J.Suryanarayana from MCC visited two shops in Sivarampet and collected tea packets being sold there following procedure laid down by the Prevention of Food Adulteration Act,1954. The samples will be tested at an official laboratory and if the samples are found adulterated, it is expected that legal action will be initiated against the offenders.

MCC Promises To Take Steps Against Adulteration Of Tea

Prof. A. Ramalingam, Member, Mysore Grahakara Parishat writes

Mysore Grahakara Parishat has been drawing the attention of City Corporation over the last several years to the menace of food adulteration. Last week it collected tea samples from shops in 13 localities of Mysore and found that all the samples were adulterated with artificial colour. Adding colour to tea powder is illegal; drinking such tea can cause cancer and other diseases. It is deplorable that Mysore City Corporation is blind to rampant food adulteration, even though MGP is highlighting the problem again and again. To warn MCC that it should wake up to this critical problem, otherwise, MGP will intensify its fight, a delegation of MGP members met the Mayor yesterday. Prof. A. Ramalingam, Smt. Sreemathi Hariprasad, Sri M. Jayaram, Ms. K. Ranjitha, Ms. R. Vasantha and Sri. B. Basavaraju were in the delegation. As a result, a special meeting was arranged this morning with MGP representatives and Corporation officials. It was demonstrated to the officials that the samples collected by MGP were indeed adulterated. When the Mayor expressed shock, the MCC Health Officer, Dr. Nagaraj gave an assurance that steps would be taken within three days and the problem of tea adulteration solved.

Is The "Free Service" Of New Vehicles Really Free?

Prof. K.S. Mallikarjuniah, member, Mysore Grahakara Parishat writes

I recently left my Santro car at its authorized dealer in Lakshmipuram for its third free service. When I enquired about how much it would cost me, I found that I had to pay Rs. 185 for wheel alignment. I protested that this was the first time the wheels were being aligned and so it was part of the free service and I should not have to pay for it. The person in charge countered by saying that their manual includes this charge. When I objected vehemently that such unilateral conditions by the company constitute unfair trade practice, he relented and assured that the charges wouldbe omitted in the final bill. But the final bill included this amount and I was again assured that it would be adjusted at the time of the next service. As a result, right now I have been overcharged by Rs. 185.

This incident raises some important questions:

1. What is hte meaning of "Free Service"?

2. Should it not mean that only material (parts, oil, etc.) needed for the service are to be charged and the service itself is free?

3. Can the car company unilaterally include anti-consumer conditions in its manual?

4. Should such conditions not be disclosed to the public before they purchase the car?

5. To fight this injustice, is there an alternative to consumer courts?

Just Spending More Money Will Not Solve The Water Problem

V. Mahesh, member, Mysore Grahakara Parishat, writes

The Chairman of the Karnataka Water Supply and Sewerage Board has announced that the entire city of Mysore will be supplied round the clock potable water by 2012 by spending nearly 200 crore rupees under JNNURM to upgrade the water supply system. But even with this huge expenditure, it is unlikely that the Chairman's promise will be realized.

The reason for this pessimism is that more than 30 crore rupees were spent in 1998 under ADB loan to meet all the water requirements of the city upto the year 2011. It is crystal clear that this goal has not even been approached. We are in 2008 and we are constantly facing serious water shortage and epidemics caused by inadequate water treatment. The pipes were to cater to the projected population of 2026. Now, 18 years before this deadline, we are again spending a huge amount to replace pipes.

It will not be surprising if we still face water shortage (both of quality and quantity) in 2012 (contradicting the Chairman's assurance) and the people in charge will come up with a thousand crore project to solve it.

We need a paradigm shift to put an end to this ever-escalating expenditure to chase a mirage. The most important ingredient of this shift is the fact that only about 5% of the water supply is used for drinking and cooking purposes. Only this water needs to be treated to bring it up to drinking water standards. The other 95% which is used for uses such as bathing, washing, flushing and gardening needs minimum treatment. Appreciation of this fact will alone lead to savings of crores of rupees.

Identification of good drinking water sources will further reduce processing costs. Rain water should be harvested at suitable places. Such harvested rain water needs only minimum processing.

The Latest Information on Chamalapura Thermal Power Plant

Syed Tanveeruddin, Member, Mysore Grahakara Parishat writes

The state government is giving opposite signals concerning Chamalapura thermal power plant. It states one day that it is not proceeding with the project and contradicts it the next day. Doubts have been expressed that the state government may be proceeding ahead covertly with the project.

To get a clear picture of the scenario, I applied under the Right to Information Act to the Ministry of Environment and Forests for the latest status report on the project. I received a reply from MoEF on 20-9-08. This is what it says:

"From our records, it is informed that an environmental clearance was issued by MoEF in 1998, only in respect of a 500 MW (2*250 MW) Mysore thermal power project at Chamalapura by M/s Mysore Power Generation Pvt. Ltd. A photocopy of the environmental clearance issued vide letter no J-13011/9/97-IA.II(T) dated 27.08.1998 is enclosed free of cost. The file relating to the said project is not presently traceable. Efforts are on to locate the file.

"Further, Ministry of Environment and Forests has neither granted environmental clearance to any other coal based thermal power project at Chamalapura, Karnataka nor any such proposal is pending for environmental clearance. As and when any such proposal is received, it will be examined on its merits, based on the Environmental Impact Assessment Report, as specified under the EIA Notification, 2006 in accordance with the procedure prescribed therein, inter-alia through a multi disciplinary Expert Appraisal Committee constituted for the purpose.

"Violation of the EIA Notification, 2006 would attract action under the relevant provisions of the Environment (Protection) Act, 1986 in accordance with the procedure prescribed thereunder."

It is clear from this answer of the Ministry that if Karnataka government wants to go ahead with the project, it has to start afresh and go through the time-consuming process of environmental clearance.

Citizen's Charter for MUDA

A M Subba Rao, Member, Mysore Grahakara Parishat writes

When N.Jayaram and Pankaj Kumar Pandey were Commissioners of MUDA, time limits had been prescribed to complete the processing of various types of applications filed by the public. This worked reasonably well and by and large the public got their work done without much hassle.

Such a system needs to be reintroduced at MUDA now since the public is finding it very difficult to get title deeds and changes of Khatha at MUDA. MUDA must have a citizen's charter which spells out exactly how much the public have to pay for each service and how much time MUDA needs to render them that service. Right now, the public do not know the time frame. They have to pursue their applications from table to table; this procedure seems tailor-made for corruption and delay. If the service requested is the issuing of a document (such as ledger extract), MUDA can also charge them the cost of mailing by registered post. Then, the public need not even come to collect the document. It will be delivered to them within the time limit fixed by the citizen's charter.

If the prescribed fee, the supporting documents which need to be produced to avail of a particular MUDA service and the time limit within which the service has to be provided are spelt out clearly, then the public need not come inside MUDA and interact with the clerks at all. They can hand in the fee and the supporting documents at the outside counter (which should also have an information counter) and walk away secure in the knowledge that they will get the document they requested for at their doorstep within a week or two. Preventing the interaction of the public with the MUDA staff will not only reduce corruption but also increase the efficiency of the MUDA staff who at present are being seriously distracted and hampered by the public. The only public who should be allowed inside should be those who have an appointment with an official and a pass system and strict security installed to make sure that they visit only the concerned official.

The Terrible Condition of Mysore Roads

There are less than two weeks for the Dasara. Lakhs of tourists will be flooding our city. But is our city ready? Most of the city's roads are in a deplorable state. The photos in Attachments provide some evidence. No explanation is necessary and so we just give the locations.

Intersection of Kuvempunagar Double Road and Kamakshi Hospital Road

Intersection of Temple Road and Kalidasa Road in V.V. Mohalla

Intersection of Bogadi Road and Ring Road

Intersection of Chaduranga Road and Bogadi Road near AIISH

JSS Law College corner on Kantahraj Urs Road

Intersection of Chavadi Street and Ramanuja Road

Road to Lalit Mahal next to Karanji Tank

MCC Does A Poor Job Of Testing Drinking Water

Prof. A. Ramalingam and D.V. Dayanand Sagar, Members, MGP write

In June of this year MGP issued a press statement "Mysore's Drinking Water Quality Hits A New Low" in which results of tests conducted on water samples collected all over Mysore were presented. In these tests, thirteen out of the eighteen tap water samples (72%) were found bacterially contaminated (out of which 11% were extremely contaminated, 56% highly contaminated and 5% moderately contaminated). Tests were also conducted on municipal borewell water samples and it was found that total dissolved solids (TDS) content varied from 600 milligrams per liter to 1,500 milligrams per liter in the eighteen samples tested. According to drinking water specifications (IS 10500:1991) of the Bureau of Indian Standards, 500 milligrams per litre is the desirable level for TDS. Therefore, TDS of all the borewells tested exceeded this level. Excessive TDS is known to cause cancer and other diseases.

These results showed that by any standards, the quality of drinking water supplied to the public of Mysore is atrocious.

Mysore City Corporation which supplies water to Mysore was prompt in its rejoinder to this press release. In the rejoinder issued to the press, the Commissioner of MCC said that MGP and Dr. Ajay Memorial Drinking Water Foundations which carried out the tests were just recycling some old test results. He also accused these organizations of scaremongering. The rejoinder said that MCC conducts 13 different tests on water samples and only water which passes all these 13 tests is supplied to the public.

MGP and DAMDWF conducted their tests on 15-5-08 and 16-5-08 and a detailed report of the tests were submitted to the MCC Commissioner on 30-5-08. So the Commissioner knew that the results were not recycled old results.

To find out how MCC collects and tests water samples, MGP applied, under the Right to Information Act, for the results of all the water tests conducted by MCC in the month of May and received the requested document recently. The document shows that MCC actually conducts only 5 tests (residual chlorine, conductivity, pH, turbidity and MPN test for bacterial contamination) while MCC Commissioner's rejoinder claims that 13 tests are conducted!

A careful study of this document proves that sampling methods used by MCC are extremely unscientific, required tests are not being conducted, test results are highly dubious and there is no effort at all to use the test results to improve the water quality.

UNSCIENTIFIC SAMPLING

According to the document, MCC collected and tested 404 samples in 27 working days of May (13 samples a day on the average). Of these, 77 samples were from the water reservoirs. Vijayanagar,Yadavagiri and Vidyanagar reservoirs were tested very frequently, but Devanur reservoir was tested only three times.

Of the 327 tap samples tested, 89 samples (more than 25%) were from a small area around Metagalli (Karakushalanagara, Ambedkar Jnanaloka and BMShreenagar). Many large areas of Mysore such as Krishnamurthypuram, Jayalakshmipuram, Chamarajapuram, T.K.Layout, Lakshmipuram, Chamundipuram, etc had no samples tested. This seems an extremely skewed and unscientific way of taking samples.

According to the document, MCC tested a borewell in Kudure Mala and found it contaminated with bacteria. Then it tested three taps nearby supplied by the borewell and found those samples also contaminated. Common sense should have indicated that when the source itself is contaminated, there was no need to test the taps. This also highlights the unscientific nature of the sampling technique.

ESSENTIAL TESTS ARE NOT BEING CONDUCTED

Determination of total dissolved solids (TDS) is an essential part of drinking water tests, because excessive TDS causes cancer and other diseases. The drinking water specifications (IS 10500:1991) of the Bureau of Indian Standards sets 500 milligrams per litre is the desirable level for TDS. But MCC does not measure TDS in drinking water even though it is a very simple procedure which can be done even by high school students. Instead, it measures conductivity which is not included in the BIS specifications for drinking water.

DUBIOUS TEST RESULTS

According to the document, 14 borewells were tested and only 2 were found contaminated (14%). This number flies in the face of MCC's earlier data. A survey conducted by MCCn in 1999 had showed that 47% of the borewells were bacterially contaminated. As time goes by more and more borewells get contaminated and it is estimated that this percentage has now gone up to more than 70%. So MCC's latest results are highly suspect.

According to the document, two tests were conducted on 2-5-08 at the same address, No. 361 Ambedkar Jananlokanagara, Metagalli. One test found bacteria in the water and the other did not!. This is strange indeed.

The turbidity of all the 404 samples was much below the limit of 5 NTU set by BIS. The average turbidity measured by MCC is around 1 NTU. When people from all areas of Mysore were complaining about muddiness in tap water, these results are nothing short of astonishing..

According to the document, MCC found bacteria in only 9 samples out of 327 tap water samples (3%). This seems a gross underestimation.

TEST RESULTS ARE NOT IMPROVING WATER QUALITY

MCC seems to be making no effort to use these test results to improve the quality of water supplied. For example, there are 15 test results which show residual chlorine at 0.1 mg/l. According to BIS standards, residual chlorine should be at least 0.2 mg/l. Therefore, these 15 houses are getting underchlorinated water and face the danger of bacterial contamination. What MCC should have done is to increase the chlorine dose at the reservoir and again test these taps to see if residual chlorine is above 0.2 mg/l. But MCC has not done so.

CONCLUSION

Ill-qualified persons seem to be running the water supply department. Test results on drinking water are being skewed to present a rosy picture of water quality. This does not augur well for the public health in Mysore.

MGP Meeting

D.V. Dayanand Sagar, Member, Mysore Grahakara Parishat writes

Mysore Grahakara Parishat monthly meeting will be held on Sunday, September 14, at 4.00 PM at its office at 6/1, Vivekananda Road, Yadavagiri. Two important subjects will be discussed.

The District Administration has appointed MGP to the District Level PDS Vigilance Committee. Besides dealing with the problem of securing LPG, this committee will help streamline the availability of ration items like rice, kerosene, and sugar. It will also monitor PDS shops. How the committee can best help the public will be discussed.

During Dasara, thousands of outsiders will be visiting Mysore. An action plan to help make their stay pleasant and free of irritation will be discussed.

The public is invited to participate in the meeting. For more information, call 2515150.

Disgraceful State of Mysore City Corporation

D.V.Dayanand Sagar, member, Mysore Grahakara Parishat writes

The MCC Annexe building which was built only about 5 years ago, is leaking like a sieve when it rains. The Town Planning Department is working under plastic tents. The floor is all wet.

Vijayanagar Tank Roof Collapse Is No Surprise

Prof. A. Ramalingam, member, Mysore Grahakara Parishat writes

When severe damage to Vijayanagar Central Storage Reservoir (CSR) was reported in the media in April 2007, MGP and Dr. Ajay Memorial Drinking Water Foundation organized a team of microbiologists to visit the CSR. The team consisted of Prof. A. Ramalingam, Retired Professor of Aerobiology, Universities of Mysore and Karnataka, Prof. S. Shankara Bhat, Retired Professor of Botany, University of Mysore, Prof. Keshava Nireshwalia, Retired Head, Biotechnology Dept, Katmandu University and Retired Senior Scientist, CFTRI, Dr. E. Rati Rao, Retired Scientist, CFTRI. The experts gave a report in which they predicted that since the entire CSR roof was in an extremely fragile condition (with the sinking of the roof visible to the naked eye in several places), more portions of the roof were certain to collapse soon. They argued that the only practical solution was the replacement of the whole roof. They also argued that any temporary repair work will endanger the lives and limbs of the workers and also the health of the public.

Mysore City Corporation ignored this advice and went for piecemeal repair work. As predicted by the expert group, the roof of the CSR collapsed in two more places in October, 2007 and in one more place two days ago. This is gross irresponsibility on the part of MCC.

There are at least eight places where the roof of Vijayanagar CSR is sunken and pools of water form after a rainfall. These spots are excellent bets for collapsing in the coming days.

The experts had observed in October, 2007 that the nylon nets covering the air vents in the CSR have holes through which pigeons are flying into the CSR and probably building nests again. It does not appear that this problem has been addressed. Also, no measures have been taken so far to close the gaping hole formed in the roof after the recent collapse, again allowing pigeons to fly in. Sunlight in the CSR will promote growth of algae which will attract many insects. Roof debris from the last three collapses are also present in the CSR water.

People who receive water from Vijayanagara tank should be prepared to receive dirty water (with pigeon droppings, algae, insects, cement, iron dust, etc.) for many days to come. They are well-advised to purify the water before drinking it.

Stop Supplying Raw Water!

Prof. A. Ramalingam, Dr. Ajay Memorial Drinking Water Foundation and Venkatesh Chabbi, Members, Mysore Grahakara Parishat write

The epidemic which swept through Manjunathapura and which was caused by contaminated tap water has received wide coverage in the media. Raw water pumped from Belagola is being supplied to several factories, institutions, villages and colonies along the way. Persons who consume this water are at extremely high health risk.

When members of Dr. Ajay Foundation and MGP visited Manjunathapura yesterday, it was found that many of the patients were suffering from typhoid. Normally, contaminated water produces many cases of gastro-intestinal diseases (such as cholera) and less number of typhoid cases. Here, the number of typhoid cases seems quite high.

Dr. Ajay Foundation and MGP have interviewed employees of many factories and the two major colonies, Ekalavya Nagar and Manjunathapura which are supplied with raw water. It appears that they drink the raw water supplied, without any processing. It was found that many of them suffer from sore throat, diarrhoea, jaundice, etc.

Only some factories such as WIPRO and J.K.Tyres and institutions such as G.S.S. Samsthe provide potable water to their people. But even they are exposed to contaminated water when they eat at neighbouring roadside eateries.

Dr. Ajay Foundation and MGP have been asking VVWW for more than a year to stop supplying raw water. They have repeatedly warned VVWW that the situation is tailor-made for the outbreak of an epidemic. But VVWW has not shown great urgency about this danger.

It is essential that from now on at least, VVWW should stop supplying raw water to factories, institutions, villages and colonies. It is also imperative that all factories supply potable water to their employees.

Coal-based Thermal Power Plants Faces Another Big Problem

Shankar Sharma, Member, Mysore Grahakara Parishat writes

The state government is giving opposite signals concerning Chamalapura thermal power plant. It states one day that it is not proceeding with the project and contradicts it the next day.

Amidst this confusion, it has come to light that all coal-based thermal power plants are facing another major problem, that of fuel supply. A story in "Business Line" of 7-8-08 quotes Partha Bhattacharya, Chairman of Coal India Limited as saying that existing coal-based power plants are using up more coal than CIL can supply them. As a consequence, these plants have to import coal. But imported coal (Rs. 5,500 - 6,000 per ton) is far more expensive than the subsidized domestic coal (Rs. 1,000 - 2,000) and the companies are reluctant to spend large amounts on fuel. Therefore, there is a fuel shortage and these coal-based power plants are not working at full capacity.

Now, many more coal-based power plants are being proposed all over the country with seven of them coming up in Karnataka including the one at Chamalapura. When the existing coal-based power plants are having difficulty getting coal supplies at economical rates, where the proposed new power plants will get theirs is not clear.

What Apartments Owners Should Know

A.M. Subba Rao & P.M. Bhat, members, Mysore Grahakara Parishat write


Mysore is fast becoming a city of apartment buildings. Impressed by the security of apartment living, thousands of people have invested in apartments. But many apartment owners may be facing problems with apartment builders (construction defects), neighbours (disputes concerning commmon areas) and city corporation (disputes about property tax on the apartment) They may also face problems when they try to transfer the title to the apartment to others (through sale, gift or will) since they do not possess the required documents. The government has passed laws to make each apartment a heritable and transferable immovable property, but unfortunately, there is large scale violation of these laws.

To avoid such problems, apartment owners should obtain the following documents (notarized copies unless otherwise indicated) at the time of taking possession of the apartment:

1. Site allotment letter from CITB or MUDA

2. Site possession certificate from CITB or MUDA

3. Title deed for the site from CITB or MUDA

4. Khatha certificate from Mysore City Corporation to the original allottee

5. Latest property tax paid receipt from MCC

6. Encumbrance certificate from the sub-registrar's office

7. Completion report for the building issued by MCC

8. The plan for the building sanctioned by MCC

9. Letter from MESCOM providing electrical connection to the building

10. Deed of declaration from the developer giving details of common area shares

11. Letter from the developer handing over possession of the apartment (Original).

The Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 - KOFA deals with most of the problems apartment owners face with promoters of the buildings or neighbouring apartment owners.

KOFA defines the obligations of the promoter of an apartment building. Among these obligations are prompt and full disclosure of the nature of the promoter's title to the land (as certified by a lawyer of seven years standing), any encumbrances on the land, nature of fixtures, fittings and amenities to be provided in the building, the design and materials to be used in the construction of the building, plans and specifications of the building having obtained approval of the local authorities for the same, details of all agreements with the architects and contractors, the date on which the possession of the flat will be handed over, details of all the outgoings including ground rent, income tax, property tax, water charges, electricity charges, revenue assessment, interest, etc. According to KOFA, the promoter must also keep a list of the flat buyers along with the prices charged and the conditions under which the flats were sold. Further, the promoter must state in writing the precise nature of the organization of apartment buyers to which title of the building is to be passed and the terms and conditions governing the organization. If this organization is a cooperative society, he has to submit an application to the Registrar of Cooperative Societies within four months from the date on which the minimum number of persons required to form the society have taken flats. If no period of conveying the title of the building to the cooperative society thus formed is previously agreed upon, the promoter has to convey the title to the society within four months of the date on which the society is registered.

KOFA forbids the promoter from allowing persons to enter into possession until completion certificate for the building is obtained from the competent local authority. Before accepting advance payment or deposit from any buyer, the promoter has to enter into an agreement with the buyer and the agreement has to be registered. The advance payment can not exceed twenty percent of the total sale value of the flat. Also, once the agreement is executed, the promoter can not mortgage or create a charge on the flat or the land.

KOFA mandates that the promoter has to maintain a separate account of sums taken as advance or deposit and acting as a trustee for the money, disburse it for the purpose for which it is given, keeping full records of the money spent. The promoter has the responsibility for the payments of all outgoings including taxes, water and electricity charges, revenue assessment and interest until the title of the property is transferred to the cooperative society of flat owners. The apartment buyers are advised to go through these records carefully and insist on details since some promoters have charged huge lump sum amounts for purposes such as registration of apartments and legal fees, etc. which required only small amounts of money. Further, some promoters are also found collecting money for various heads to meet the hidden costs which the buyers are not obliged to pay.

After the plans and specifications of the building as approved by the local authority are disclosed to the person agreeing to take a flat, the promoter is forbidden by KOFA to make

i. any alteration within the flat without obtaining previous permission of that person, or

ii. any alteration in the structure of the building or construct additional structures without the previous consent of all the persons who have agreed to take the flats.

If the promoter fails to give possession of a flat duly completed in accordance with the terms of the agreement by the date specified (or any further date agreed to by the parties), he shall be liable to repay (without prejudice to other remedies to which he may be liable) the amounts already received by him with respect to the flat with simple interest at 9% per year.

Any violation of the above conditions of KOFA by the promoter is punishable by a prison term or a fine or both.

To guarantee a smooth running of the cooperative society of apartment owners, it is advisable that all members of the society give a declaration to the Registrar of Cooperative Societies stating that they want to be covered by the Karnataka Apartment Ownership Act. 1972 (KAOA). KAOA and the accompanying Rules prescribe the way the society has to be run, the duties of apartment owners, etc. They forbid actions of any owner which would jeopardize the soundness or safety of the building, reduce the value of the building or hinder or encroach upon the lawful rights of other apartment owners. They also enjoin all owners to perform promptly maintenance and repair work within their own units and to reimburse the society for any damage to common area and facilities through their fault. KAOA mandates that the promoter should provide each apartment owner a deed of declaration in the format prescribed by Form A. The apartment owners should make sure that they receive the deed in the prescribed format.

A book containing both these Acts applicable to apartments in Karnataka and the accompanying Rules is available in law book stores. It is a must for all apartment owners who want to know what their rights are.

Eviction of Roadside Vendors

Maj Gen S.G.Vombatkere (Retd),President, Mysore Grahakara Parishat writes


Mysore City Corporation is in the middle of a footpath clearance operation. Roadside vendors seem to be the main targets of this eviction.

Clearing the roads and footpaths for smoother pedestrian and vehicular movement is the stated goal of the MCC operation.

But roadside vendors are just one cause of the clogging of pedestrian and vehicular traffic. Other major causes are:

2. The number of vehicles on the roads is increasing rapidly. This is due to increasing incomes, the policy of the government to promote vehicles and the policy of banks to encourage purchase of motor vehicles.

3. Easily affordable, convenient (and yet at the same time profitable) public transportation systems can be run. But the state government does not seem interested. It seems interested only in expensive, and in many cases, uneconomical public transport such as monorail, underground suburban trains and imported luxury buses. Provision of good public transportation is also ignored in the planning of new layouts. Lack of convenient and affordable public transportation is leading to increased reliance on private vehicles and increased load on the roads..

4. The policy of local authorities to keep on widening roads to accommodate the fast increasing private vehicle population has become self-defeating since footpaths are being sacrificed for road widening and so pedestrians are forced to walk on roads, and thereby obstructing vehicular traffic.

To unclog the roads and footpaths of Mysore, all these problems have to be tackled simultaneously. Otherwise the objective will not be realized.

MCC seems to have focused only on roadside vendors and ignored the the other three problems. In its eagerness to remove roadside vendors, it seems to have also ignored the negative fallout of such eviction. By the removal of roadside vendors, thousands of people will lose their livelihoods, and most of the citizens of Mysore will lose affordable merchandise and food.

Myth about Water Purifiers Exploded

V.Mahesh, member, Mysore Grahakara Parishat writes

The fact that most water purifiers, being marketed with great fanfare, do not purify water well is receiving some publicity(See for example, "Water Purifiers Offer No Safety Against Contamination", DECCAN HERALD, 24-7-08). It has become a fad among educated people to have a water purifier in the kitchen. According to a water purifier company executive, an average of 1500 purifiers are bought in Mysore & about 15000 in Bangalore every month. Thus tens of crores of rupees are being spent by the public on these gadgets in the belief that they would save their health & in turn wealth. This expense is in addition to the tens of crores of rupees which are spent for treatment of public water systems. The irony is that all this huge expenditure is not ensuring the health of the people. So it is essential that the authorities take the following actions.

1.The claims of all "water purifier"s should be thoroughly checked and false claims should be made public and fined heavily for false representation. Such purifiers should be taken off the market.

2.Processing & treatment of water for public supply system is very expensive involving millions of rupees every day. But 95% of the treated water is used for non-potable purposes such as bathing, washing, gardening, etc. and hence does not really need to be highly treated. So most of the money we spend on water treatment is a waste. With this background, the approach on water supply should be rethought.

3. Suitable schemes should be put in place for collection & storage of pure rain water wherever possible for potable requirements exclusively. This would significantly reduce the pressure on water supply systems & public health.

4. WATER IS THE SINGLEMOST IMPORTANT ITEM FOR THE SURVIVAL AND WELFARE OF ALL THE LIVING ORGANISMS. The importance of judicious use of water should be inculcated through media & through education from the primary school level.

MCC should clear footpath encroachments in the suburbs also

Maj.Gen. (Rtd.) S.G. Vombatkere, President, Mysore Grahakara Parishat writes

The footpath clearance drive launched by MCC on Ashoka Road (fish vendors) and Devaraj Urs Road (shopkeepers) is commendable. But the last few footpath clearance drives of MCC seem limited to the central parts of the city. It is desirable that the clearance drives are extended to various extensions of the city as well. The attached photographs show some glaring footpath encroachments in Jayalakshmipuram, V.V. Mohalla and Yadavagiri.

1.The footpath next to HSBC Bank (near Panchavati), Kalidasa Road, V.V. Mohalla.

2.The footpath next to MORE (near Chandrakala Hospital) on Kalidasa Road, Jayalakshmipuram.

3.The footpath next to Vikram Hospital, Vivekananda Road, Yadavagiri.

INDIA'S MINERAL POLICY - SOME ISSUES

V.Mahesh and M.N. Ranganath, members, Mysore Grahakara Parishat write

Mining in Karnataka is, no doubt, an extremely profitable business. The enormous wealth it has created for a few individuals and the effect of this wealth on Karnataka politics is making headlines. It has raised questions whether the state is giving away mining rights at throwaway prices and whether, as a result of this largesse, the state exchequer is losing huge revenues.

These issues are receiving additional attention in the backdrop of a new draft National Mineral Policy (N.M.P.) based on the report of a High-powered Committee headed by Dr. Anwarul Hoda. As geologists who have worked in government and private sectors for over 35 years each, we strongly feel that the following issues must be considered.

1.The draft N.M.P. should be circulated among all the concerned state & central organizations calling for their views compulsorily on every point/ paragraph within a stipulated time - say 90 days. Also wide publicity is to be given through the media calling for comments/suggestions on this draft NMP. within 90 days from all the stakeholders. All such correspondence should be put on website for the information of all the concerned & for the purpose of transparency.

2. Environmental damage and economic benefits are two opposite aspects of mining and they should be carefully balanced. Sustainability must also be considered.

3. The leasing process should be streamlined to minimize delays.

4. All the information related to mine leasing should be on a website so that anybody can apply for the mining rights of any area online, get a lease & carry on the mining activity in a transparent way. This will eliminate corruption at the very beginning and opportunity for anyone to indulge in illegal activities. Stringent punishment clauses should be incorporated for both the illegal mining party and those who abet such acts.

5. Only low grade ores should be allowed to be exported. High grade ores should be earmarked for domestic consumption and only finished products should be permitted to be exported. The price of the ore is a small fraction of the price of the finished goods (and the price of other precious metals present in the ore) and so by exporting raw ore, we lose enormous amounts of revenue. .

6. Right now, the administration in the departments of mines and geology is in the hands of IAS officers who have very little knowledge of the subject. This should be stopped immediately and the administration should be entrusted to capable technical personnel. This will improve the morale of the departments and reduce corruption greatly.

7. Mineral administration is a full-time job involving deep technical knowledge as well as huge financial transactions. It should not be clubbed with ground water exploration as it is being done now. Ground water is also a subject which needs full time involvement because of its importance for drinking, irrigation and industry. If these two departments are combined, neither will get the attention it deserves.

NIRMALA NAGARA Programme: Is It Working?

D.V. Dayanad Sagar, member, Mysore Grahakara Parishat writes


Nirmala Nagara programme was launched with great fanfare last year. Its avowed purpose was to clean up Mysore and make it attractive. Has it made a difference? We offer some photographic evidence.



1. Burning Garbage next to park in Gokulam 3rd Stage (Municipal workers are still burning garbage even though burning garbage is illegal and punishable.)



2. Garbage at Gokulam 3rd Stage 4th Main, 11th Cross (Persons collecting garbage door-to-door are supposed to transport it to the landfill outside the city. Instead, they are dumping it in the neighbourhood itself. They demand that garbage be segregated before collecting it. If all the garbage is dumped together, what is the point is segregating it in the first place?)



3. Garbage at Hebbal Tank (Despite repeated reminders, authorities are not taking any action against people polluting the lakes of the city by dumping garbage and building debris.)



4. Garbage behind K.R. Hospital bus stop (This has become not only a garbage dump, but also a public urinal, thus offending both eyes and nose. How can this be allowed in the heart of the city?)



5. Garbage burning in front of K.R. Hospital (Using the premises of the largest hospital in Southern Karnataka to dump mounds of garbage is inexcusable, but burning it and forcing patients to breathe the poisonous fumes is outright criminal.)



6. Garbage in front of Cheluvamba Hospital (Not to be outdone by K.R. Hospital, there is a huge pile of garbage in front of the neighbouring Cheluvamba Hospital as well!)



7. Garbage next to palace at the end of KSRTC bus stand (Lakhs of tourists who visit the Mysore palace have to carry back memories such as this!)



8. Garbage on Chamundi Hills (Chamundi Hills, which is not just a major tourist attraction, but also a major pilgrimage centre, has probably never been cleaned since the beginning of history. The garbage is just thrown down.)

National Commission Comes Down Heavily On Insurance Companies

P.M.Bhat, member, Mysore Grahakara Parishat writes

It has become common for insurance companies to deny health insurance benefits to customers by claiming that the health problem existed before the policy was made and so is not covered under the policy. The insurance companies were earlier denying insurance benefits saying that the customer knew of his health problem but did not disclose it at the time the policy was made. But exclusionary clauses included in newer policies deny policy coverage in case of preexisting health conditions even though the customer might not be aware of them. Such fraudulent clauses give insurance companies sweeping powers to reject almost any health claim. No wonder, such clauses are being challenged more and more, especially before consumer courts, by unhappy policy holders.

In a recent decision (II (2008) CPJ 146 (NC)) which is a godsend to thousands of health insurance policy holders across the country, the National Consumer Commission has come down heavily on this deceitful practice. Relying on an earlier decision, it has said: "The policy which states that it is immaterial whether the insured had knowledge of the disease or not, and even existence of symptoms of the disease prior to effective date of insurance enables the Insurance Company to disown the liability. If this interpretation is upheld, the Insurance Company is not liable to pay any claim whatsoever, because, every person suffers from symptoms of any disease without the knowledge of the same. This policy is not a policy at all, as it is just a contract entered only for purpose of accepting the premium without the bona fide intention of giving any benefit to the insured under the garb of preexisting disease. Most of the people are totally unaware of the symptoms of the disease that they suffer from and hence they can not be made liable to suffer because the Insurance Company relies on the (exclusionary clause) in a mala fide manner to repudiate all claims. No claim is payable under the mediclaim policy as every human being is born to die and diseases are perhaps preexisting in the system totally unknown to him of which he is genuinely unaware."

The Commission observed caustically that if one can foresee disease from some earlier symptom, then every person would do medical studies and not take any insurance policy at all. The Commission also noted that before insuring, the customer is thoroughly checked by the doctors nominated by the insurance company and if at that time he was found hale and hearty, it would be difficult to conclude that he had suppressed a preexisting disease.

So, if an insurance company refuses to meet its obligations under the pretext of preexisting condition, the affected party should file a complaint before a consumer court for relief.

Final order on Chamalapura

Click here for the final order dated 19-05-2008 on Chamalapura Thermal Power Plant by KERC.

Petition to KERC on Chamalapura

Click here for the full text of the original petition filed by MGP on 19-10-2007 regarding Chamalapura coal based thermal power plant

Mysore's Drinking Water Quality Hits A New Low

C V Nagarj, member, Mysore Grahakara Parishat, writes

Mysore Grahakara Parishat has been periodically testing tap water in Mysore and reporting the results to the public. The quality of drinking water in Mysore has been declining steadily and the latest survey shows that it has hit a new low.

Dr. Ajay Memorial Drinking Water Foundation and Mysore Grahakara Parishat conducted a summer camp for a select group of eighteen high school students recently. The programme consisted only of various experiments (concerned with environment) conducted by the students themselves.

One of these experiments was testing of drinking water. Each student collected tap water from his or her home and tested it for bacterial contamination using the Manja test (Hydrogen sulphide paper strip test) which is a very reliable test for bacterial presence. Thirteen out of the eighteen samples (72%) were found contaminated (out of which 11% were extremely contaminated, 56% highly contaminated and 5% moderately contaminated).

This high figure of bacterial contamination is ominous since it is well-known that contamination increases after the monsoon begins. The first rains bring in a heavy load of organic matter to the KRS reservoir. It is very difficult to filter the turbid water containing a high load of organisms. So the water that comes out of the filtration unit in the water treatment plant still has a lot of suspended organic material in it. Chlorination is not 100% effective against pathogenic bacteria if there is a lot of suspended organic matter in water and so the danger of contaminated water which is already high will increase even more in the next month.

The students participating in the summer camp also tested water from bore wells for dissolved salts. Total dissolved salt (TDS) content varied from 600 milligrams per liter to 1,500 milligrams per liter in the eighteen samples tested. According to drinking water specifications (IS 10500:1991) of the Bureau of Indian Standards, 500 milligrams per litre is the desirable level for TDS. Therefore, TDS of all the bore wells tested exceeded this level. Excessive TDS is known to cause cancer and other diseases.

A bacteriological test of bore well water was not conducted. But it is very likely that most of the bore wells are also bacterially contaminated. A survey conducted by Mysore City Corporation in 1999 had showed that 47% of the bore wells were bacterially contaminated. It is estimated that this percentage has now gone up to more than 70%.

MCC authorities are saying that the situation can not be improved until the JNNURM project to overhaul water supply in the city is completed. It is a misleading answer since the JNNURM project will only upgrade the water supply infrastructure. But if MCC does not improve its water treatment, we may get 24x7 water, but it will be unsafe water.

The citizens of Mysore would be well-advised to purify water before drinking it. They can use water purifying kits such as Aquaguard or boil water or immerse a clean (EC grade) copper sheet in the water for 24 hours to kill the harmful bacteria (For more information on these and other methods, call Prof. A. Ramalingam at 6568892).

Door-to-door Garbage Collection, Supreme Court, Suryapet and Namakkal

Prof. S.K. Ananda Thirtha, member, Mysore Grahakara Parishat writes


Garbage is now being collected door-to-door in Mysore city under Nirmala Nagara programme. Garbage collection has been privatized in many areas of the city and the workers appointed by garbage contractors come in three-wheelers every morning and collect the garbage from every household. Street-side garbage bins which were overflowing with unsightly garbage and were the feeding troughs for street animals such as pigs, cattle and dogs, are being phased out. If the garbage management programme succeeds, it will be a big step for Mysore in its effort to regain lost glory.

But most people do not realize that this programme is not the brainwave of any government or any official, but is the direct consequence of the pressure being applied by the Supreme Court on municipal bodies. Dr. Almitra H. Patel and another resident of Bangalore had filed a petition before the Supreme Court (W.P. (Civil) No. 888/1996) in 1996 pleading that municipal bodies in India were not properly performing their statutory duty of garbage collection and garbage management and as a consequence, the citizens were suffering. The petitioners had asked the Supreme Court to issue emergency orders to all municipal bodies and state and central governments to improve garbage collection and management. After hearing their arguments, the Supreme Court issued an order in January, 1998. In this order, it set up an expert committee which included Dr. Almitra Patel and was chaired by Ashim Burman, the then Commissioner of Calcutta City Corporation. This committee was asked to go into all aspects of municipal garbage masnagement and give a comprehensive report in six months. After a few delays, the committee finally gave its report in May, 1999. On the basis of this report, the Supreme Court issued another order in August, 1999 taking to task central and state governments for their lack of effort in managing urban garbage. As a result of this pressure from the Supreme Court, the Ministry of Environment and Forests of the central government brought into force the Municipal Solid Wastes (Management and Handling) Rules, 2000 from 25-09-2001.

But no municipality in the country followed these rules. So Dr. Almitra Patel filed another petition before the Supreme Court (SLP(C) No. 22111/2003). When the Supreme Court took it up for hearing on 4-10-04, it expressed great irritation with local, state and central governments. It dismissed pleas of lack of funds. It pointed out that Suryapet in Andhra Pradesh and Namakkal in Tamil Nadu, despite any funding either from state government or central government had strictly obeyed the Municipal Solid Wastes (Management and Handling) Rules through good management and will power to become zero garbage towns and ordered all other cities to study their example and follow their footsteps.

It is only because the Supreme Court is applying such relentless pressure on municipalities that they are now paying attention to solid waste management and are trying to become zero garbage cities.

What have Suryapet and Namakkal done to merit such appreciation from the Supreme Court?

Suryapet is a town of roughly 1 lakh population, located about 100 km east of Hyderabad. Before 2003, it was like any other town, with garbage strewn all over its streets and hordes of pigs, cattle and dogs wallowing in it. When S.A. Khader Sab came as the Commissioner of Suryapet in January 2003, he immediately set out to make it a garbage-free city. Door-to-door collection of garbage began. About 360 garbage bins which dotted the streets of Suryapet were removed one by one and in fifteen months, there was no streetside garbage bin in town. When Khader Sab was the Commissioner of Mandapet in 1999-2000, he had started a similar programme there. and so he had some experience in the field. Based on that experience, he discussed the programme in detail with municipal councillors, women's groups and the general public. With a lot of encouragement, they all became actively involved in cleaning up Suryapet. In the beginning, garbage was being collected without segragation, but in August, 2003, each household was given two plastic containers, the green one to store wet garbage and the red one to store dry garbage. The cost of these containers was raised from industries, service organizatiosn and other donors. People who littered the streets were fined Rs. 100 and their names announced on loudspeakers. With these steps, street garbage completely disappeared from Suryapet. Now, segregated garbage is processed and sold. The minicipality is earning Rs. 20,000 every month from its processed garbage. It hopes to increase the monthly income to Rs. 450,000 soon.

In a similar manner, Namakkal (population: 50,000), which is 60 km south of Salem in Tamil Nadu has taken to garbage management aggressively since 2003 under the stewardship of its Commissioner, P. Kanthasamy. It can boast of being the first zero garbage town of India.

Suryapet and Namakkal have demonstrated that to make cities clean and beautiful, lots of money is not needed, but only good management and the will to succeed

(Information assistance: Prof. V. Jagannath).

KERC Advises Government to Take a Fresh Decision on Chamalapura

Maj. Gen. (Rtd.) S.G. Vombatkere, President, Mysore Grahakara Parishat writes

The government is proposing to set up coal-based power plants in various places in Karnataka including Chamalapura. Mysore Grahakara Parishat filed an application before Karnataka Electricity Reforms Commission asking it to advise the government against such power stations. Sec. 86 (2) of the Electricity Act, 2003, mandates that KERC should advise the State Government on promotion of efficiency and economy in activities of the electricity industry. In its application, MGP has urged KERC to exercise this power, commission a detailed study by an expert group on the costs and benefits of establishing coal-based power stations relative to alternatives like efficiency improvement, energy conservation, demand side management and deployment of non-conventional energy sources, hold public hearings on the economic, social and environmental impact of establishing coal-based power stations and advise the government against establishment of such stations in the state until the better alternatives mentioned above are fully harnessed.

Karnataka Power Corporation Limited argued that the petition should be rejected as KERC was not the right forum for taking up this matter. But KERC did not allow this objection. Proceeding on MGP's petition, it conducted public hearings and gave its final order on 19-5-08. In its order, KERC has accepted many of MGP's demands. It has noted that

1. The bidding guidelines issued by the Government of India have not been complied with and replies to the Commission by Power Company of Karnataka Limited (PCKL) are misleading. The bidding process initiated by PCKL lacks transparency and the whole process is carried out in a very casual manner.

2. The issues raised by MGP and the public during the proceedings of the Commission should have been considered before the decision for setting up a plant at Chamalapura was taken.

The Commission has advised the government TO TAKE A FRESH DECISION ON CHAMALAPURA taking the above facts into consideration. It has asked the government to direct PCKL to strictly comply with the bidding guidelines issued by the Government of India.

The Commission has also advised the government to look into all the aspects involved in the project such as environment, heritage, land acquisition, fuel linkage, water supply, etc.

Instead of setting up an expert committee itself, KERC has advised the government to set up such a committee to make a detailed study of the desirability or otherwise of establishing coal-based thermal power plants in Karnataka.

KERC's order is of great significance because, this is the first time in India that powers given by Sec. 86 (2) of the Electricity Act have been used to oppose a power plant. This unique initiative by Mysore Grahakara Parishat is bound to have ramifications nationwide as others take similar initiatives.

Property Tax : Follow The Law And Save Money

P.M. Bhat, Member of Mysore Grahakara Parishat writes

The time has come to pay the property tax for the year 2008-2009. Many citizens are worried that the property tax has increased steeply with the rising value of property. But THIS PERCEPTION IS NOT CORRECT. Your tax has increased only marginally.

WHAT DOES THE LAW SAY?

Sec. 109A of the Karnataka Municipal Corporations Act, 1976 says:

109A. Enhancement of property tax.- Notwithstanding anything contained in section 108 and 109 the property tax assessed and levied under either provision shall not be assessed each year thereafter but shall stand enhanced by 15 percent once in every three years commencing from the financial year 2005-2006:

Provided that the Municipal Corporation may enhance such property tax upto 30 percent once in three years and different rates of enhancement may be made to different areas and different classes of buildings and lands:

Provided further that the non assessment of property tax under this section during the block period of three years shall not be applicable to a building in respect of which there is any addition, alteration or variation to it.

Provided also that nothing contained in this section shall be deemed to affect the power of State Government to direct an earlier revision of property tax.

When the draft of the amendment which changed the property tax basis from annual rateable value of the property to the capital value of the property, apprehensions were voiced that if property values increased sharply, the property tax burden would become unbearable to many citizens. To allay these fears, the government was forced to introduce Sec. 109A which fixes the average annual rate of increase in property tax at 5%, irrespective of how steeply property values are increasing.

So the property tax you paid in 2005-06 is the same amount you were required to pay in 2006-07 and 2007-08. It will increase by 15% for 2008-09 and will remain at the same level for 2009-10 and 2010-11. The first proviso of Sec. 109A empowers MCC to enhance the tax for the year 2008-09, but MCC has not exercised this power. The third proviso of Sec. 109A empowers the State to order an earlier revision of the tax, but it has not exercised that power either. So both these provisos are inoperative. Reassessment of the 2005-06 tax in the years 2006-07 and 2008-09 just because property values went up is not allowed by Sec. 109A.

Note that even if you buy a property (at the present astronomical prices), the tax on it will not increase. You continue to pay the amounts described above, unless you alter the building in any way (Proviso 2 of Sec. 109A).

So how much tax do you have to pay in 2008-09? All you have to pay is 1.15 times the property tax you paid for the year 2005-6. You have to add 24% of this amount as cesses (health, anti-beggary and library). You will also have to add Solid Waste Management cess (which varies from Rs. 10 per month to Rs. 50 per month depending on the size of your site).

You have probably paid more as property tax in 2006-07 and 2007-08 compared to 2005-06 and you are entitled to get the excess amounts back. MCC's door-to-door garbage collection did not begin on 1-1-2007 (In Yadavagiri, for instance, it began only in November), but you most probably paid SWM cess for the whole year 2007-08. You should also get back the excess amount paid as SWM cess. To pay what you are legally obligated to pay, and not what MCC wants you to pay, you have to use the printed property tax form. If you fill the form from the MCC website, the MCC software calculates your tax and you will be, in all probability, paying more than you should.

In the first page of the printed form, fill in only the year, and items 1-6 (your name and address, tenant's name, ward number, mohalla, road and site number). You do not have to fill in the other information. Go to page 2 and in the space at the top right hand portion of the page explain why you are paying what you are paying. If the space is not enough attach an extra page. A typical explanation will be as follows:

According to Sec. 109A of the Karnataka Municipal Corporations Act, property tax paid in 2005-06 will continue unchanged in 2006-07 and 2007-08. It will increase by 15% for 2008-09.
In my area, door-to-door garbage collection began in November, 2007.

Property tax paid in 2005-06 1000
Property tax paid in 2007-08 in ignorance of the law 1300

Property tax to be paid in 2008-09 = 1000x1.15= 1150
24% cess = 1150x0.24= 276
SWM cess for 12 months = 12x10= 120
Total = 1546
5% rebate for paying in April = -77
Excess property tax paid in 2007-08 = -300
Excess SWM cess paid in 2007-08 (for 10 months) =10x10 -100
Amount being remitted = 1069

MCC can not refuse to receive the form. If MCC objects to your form, tell them that the tax is "Self Assessed". If MCC does not agree with your assessment, ask it to send you a demand notice with details of its assessment.

So in paying your property tax for 2008-09, follow the law. You will also save money!