Mysore District Forum Violates Supreme Court Order

In a recent case before the Mysore District Consumer Forum (Case No. 202/2011), a consumer had complained that MUDA had ignored seniority and allotted sites to persons who had applied for them much later. In defence, MUDA argued that the National Consumer Commission has ruled (I (2010) CPJ (99) NC) that complaints concerning allotment of sites do not come under the purview of the Consumer Protection Act. The Consumer Forum agreed with MUDA and dismissed the complaint on 13-3-12. This decision of the District Forum violates a Supreme Court order (Lucknow Development Authority v. M.K. Gupta (III (1993) CPJ 7 (SC)) which expressly states that site allotment is covered by the CP Act.

The decision of the National Consumer Commission quoted by MUDA relied on a decision of the Supreme Court ((1994) 4 SCC 225) which said that the right of a consumer in the matter of share allotment arises only after the shares are allotted. The National Commission said that the allotment of sites is similar to allotment of shares and so the the right of a consumer in the matter of site allotment also arises only after the sites are allotted.

It is this judgment of the National Forum which is causing problems to consumers in various consumer courts. But the above interpretation of the Supreme Court judgment by the National Commission is wrong, because there is no analogy between shares and sites. Shares do not exist until they are allotted. This was one of the main reasons behind the Supreme Court judgment. Shares before allotment can only be considered "future goods". The Supreme Court ruling only says that a prospective investor in future goods can not be termed a consumer.

Unlike shares, sites do exist even before they are allotted. So the above rationale of the Supreme Court does not apply for the allotment of sites. Secondly, there is a landmark decision of the Supreme Court in the Lucknow Development Authority v. M.K. Gupta case cited above explicitly states that site allotment by bodies such as Urban Development Authorities comes within the purview of the Consumer Protection Act. In this judgment, the Supreme Court held that when UDAs develop land or allot a site or construct a house for the benefit of the common man, it is rendering service as defined in the Consumer Protection Act. If the service is defective or it is not what was represented (which would constitute unfair trade practice), consumer courts can take up the matter. The Supreme Court also said that a person who applies for allotment of a building/site/ flat by the UDA is a "potential user" and the transaction is covered in the expression 'service of any description' of the Consumer Protection Act. So it is very clear that the moment a person applies for the allotment of a site from an Urban Development Authority, he becomes a consumer of its service and any irregularity in the process of allotment or any problem connected with the site or the payment comes under the purview of consumer courts.

In the case before the Mysore District Consumer Forum, attention of the Forum was drawn to this decision of the Supreme Court, but the Forum said that the National Commission's decision had taken it into account. This is incorrect. No doubt, the National Commission order makes a reference to this decision of the Supreme Court, but it is in a totally different context. It refers only to paragraph 6 of the Supreme Court order, which says that construction of a house or a flat is a consumer issue. Since this paragraph makes no reference to allotment of sites, the National Commission concluded that the Supreme Court order is not relevant in deciding whether allotment of sites is covered by the Consumer Protection Act. Surprisingly, there is a relevant portion n the Supreme Court order, but the National Commission did not notice it. In para 10 of the same order, the Supreme Court order clearly states that an application for allotment automatically invokes the Consumer Protection Act. Under Article 141 of the Constitution of India, all courts in India are bound to follow the interpretation of any law by the Supreme Court. So the National Commission can not overrule the Supreme Court order that allotment of sites is covered by the Consumer Protection Act. If by oversight, the National Commission has given an order contrary to the Supreme Court order, the District Forum is bound to ignore the National Commission order and obey the Supreme Court order. But the Mysore District Forum has not done so.

Dr. T.N. Manjunath, Mysore Grahakara Parishat

MGP appointed to Divisional Railway Users Committee

Prof. B.S. Shankara of Mysore Grahakara Parishat has been named to the Divisional Railway Users Consultative Committee for Mysore Division.

The jurisdiction of the Committee is Tumkur-Hubli, Chikkajajur-Rayadurga, Birur- Talaguppa, Arasikere-Mysore, Mysore-Chamarajanagar and Mangalore-Hassan railway lines.

Suggestions relating to the service provided by the Railways and means of improving the efficiency of such service can be sent to MGP, 6/1, Vivekananda Road, Yadavagiri, Mysore 570 020 (Ph: 2515 150) or bsshankara@yahoo.com for placing them before the Committee.

V. Mahesha, Mysore Grahakara Parishat

It is time to focus on renewable sources of power

The average domestic electricity bill will rise by 33% across India next month as distribution firms seek to raise tariffs to share increasing fuel cost and revenue gaps with consumers. Some consumers in Mumbai are looking at rates as high as Rs. 11/unit and many domestic consumers in Andhra Pradesh can expect rates as high as Rs. 7/unit. Tamil Nadu's distribution utility has demanded a 64% rise in energy charges for 2012-13. Most distribution companies are also proposing increases in fixed and demand charges according to tariff petitions filed with electricity regulators. The reason for this dramatic increase in power rates all over the country is the increase in the cost of the main fuels used in power generating stations, namely, coal and oil. In fact, electricity prices across the country have nearly doubled in the last 10 years and might double again in the next 10 years because of increased fuel costs.

While the cost of power from thermal stations is increasing rapidly, the cost of power from renewable energy sources (such as solar and wind) are dropping even more rapidly. Solar power can be now produced at about Rs. 7 per unit and with technology making great strides, it will soon become much cheaper. If this trend continues, power distribution companies will be switching over to power generated from renewable sources very soon.

If anyone wants to reduce his dependence on CESC and generate his own power using rooftop photo-voltaic panels, there is more good news. The capital cost of solar panels has dropped by more than 75% in the last four years and will drop further. A 100 watt solar panel for rooftop use is now available for less than Rs. 20,000.

Shankar Sharma, Mysore Grahakara Parishat

MGP Celebrates World Consumer Day

March 15th is World Consumer Day. To celebrate it, Mysore Grahakara Parishat is holding a consumer awareness program for the public from 10 AM to 5 PM on Thursday, 15-3-12. MGP has been conducting such programmes for the last 23 years in various parts of Mysore. This year, the programme will be held at RMC Circle on Sayyaji Rao Road in front of the Muslim Cooperative Bank. 

In this programme, MGP members will be giving demo-exhibitions on subjects such as detection of food adulteration, making water potable, etc. Advice will be given on how to solve consumer problems. Booklets on consumer, environmental and civic issues published by MGP will be available to the public. 

The public is invited to participate in the programme in large numbers and make use of the opportunity.

V.Mahesha, Mysore Grahakara Parishat

Guarantee Of Services To Citizens Act - Will It Work?

Over the years, the quality of  services received by the public at government offices has declined steadily. This seems a world-wide problem and to tackle it, the British government introduced Citizens Charter in 1991 to make the administration citizen-friendly and accountable. Standards were fixed for the provision of various government services and steps were taken to make the citizen aware of their rights with reference to services provided by various government bodies.  

Like many other countries, India followed suit and in 1997, the central government launched a citizens charter initiative in both central and state government departments. But the time frames fixed in the citizens charters for providing various services were rarely followed and the quality of government services kept on declining (This problem seems closely connected with corruption). The frustration of the public with the inefficiency of the government is now reaching the breaking point and realizing that it is becoming a political liability, governments are rushing to enact laws which make government servants accountable and punish them for violations of the citizens charters. Madhya Pradesh was the first state to pass such a law. Its Right to Public Services Act came into effect in 2010. Following Madhya Pradesh, several other states, Bihar, Chattisgadh, Delhi, Himachal Pradesh, Jammu & Kashmir, Jharkand, Punjab, Rajastan, Uttar Pradesh and Uttarakhand have implemented their own Right to Public Services Acts. Kerala and the Central governments have drafted similar bills. Karnataka legislature has passed the Guarantee Of Services To Citizens Act, 2011 and is expected to implement it soon.  

Karnataka's Act follows the Acts passed earlier by other state governments. It sets time limits for providing some services (not all) by government departments and prescribes fines for government servants who do not provide service within those limits. One big difference is that while the other states prescribe fines of Rs. 250-500 per day for violating the time limits, the Karnataka Act prescribes a measly amount of Rs. 20 per day (subject to a maximum of Rs. 500). It is not clear if this token fine will really force the officials to become efficient.  

Another problem with the Karnataka Act (and for that matter, all other state Acts) is with enforcement of its provisions. These Acts provide for two levels of enforcement, "the competent officer" and "the appellate authority" who decide on the fine to be levied on the errant officials. But no time limits have been fixed for the competent officer and the appellate authority to give their decisions and no penalties have been prescribed if their decisions are delayed. With no pressure on them, will  the competent officer and the appellate authority give decisions against their own subordinates promptly? Since the Act bars the jurisdiction of all courts, any citizen aggrieved by the delay of the competent officer or appellate authority has nowhere to go. Why did all the state governments not anticipate this potential problem?  

As mentioned above, not all services are covered by the Act. For example, we see frequent letters in the local media complaining that completion reports on buildings are not being issued by Mysore City Corporation and that MUDA is not issuing title deeds The Karnataka Act does not prescribe time limits for either of these services.  

In fact, only five MCC services are covered by the Act: issue of birth and death certificates, grant of trade licences, providing khatha extract, issuing building licences for residential buildings of area less than 2400 sq. ft. and permission for water and UGD connection for residential buildings.  

Surprisingly, none of the services provided by MUDA is covered by the Act.

N.Dwarakanath, Mysore Grahakara Parishat 

Photos from the March 2012 issue of Grahaka Patrike

(Vishwas Krishna)

MGP held a press conference on 16-2-12 to highlight the problems consumers are facing at the District Consumer Forum. (From left: Working President V. Mahesha, President Sreemathi Hariprasad, G.L. Nagaraja Urs, Maj.Gen.(Rtd.) S.G. Vombatkere)

 

Vasanthkumar Mysoremath of MGP was the main speaker at the NSS camp of Mallamma Marimallappa Arts and Commerce College for Women.

  

(Nitin Ningaiah)

A new organization of youngsters called Mysore Youth Forum has cleaned up the notoriously dirty footpath near K.R. Hospital.

(D.V. Dayanand Sagar)

DC's Office has been declared a historical monument and no building taller than 7m can come up within 100m. But there are two mobile towers taller than 30 m right next to it.

 

(Vishwas Krishna)

MGP's press conference to highlight the problems consumers are facing at the District Consumer Forum.

 

(D.V. Dayanand Sagar)

Most footpaths in Mysore are unpassable, because of  signboards of shops,  signboards of bodies such as MUDA, road name boards of City Corporation, uneven  stone slabs and building and road widening debris

.

 

(D.V. Dayanand Sagar)

Walls near road junctions can not be more than 75 cms (2 feet 6 inches) high so that drivers can see approachibg traffic on the cross-road. But in many places not only walls, but also generating sets (as above) are much taller, posinga danger to traffic.

 

(Nitin Ningaiah)

A new organization of youngsters called Mysore Youth Forum has cleaned up the dirty footpath next to Mission Hospital

Suggestions on the draft national water policy – 2012

To

The Ministry of Water Resources

New Delhi

Sir/Madam,

 

We are a 700-member strong organization working to solve consumer, environmental and civic problems of Mysore City (Karnataka) and its surroundings.

The following are our suggestions on the Draft National Water Policy – 2012.

1. Sec. 3.3 of the Draft National Water Policy prioritizes different uses of water. Non-essential activities which consume a lot of water should be prohibited in areas of water scarcity.

2. Sec. 6.6 of the Draft National Water Policy says that water saving in irrigation is of paramount importance. It discusses ways to save water in irrigation. In our view, one of the biggest sources of water wastage in irrigation is the promotion of water-intensive food and cash crops. This has to change. The National Water Policy should work in tandem with a National Agricultural Policy and a National Food Policy which encourage non water intensive food crops (such as millets) in water-scarce regions and promote the use of millets as food.

Check dams and man-made tanks should be promoted over large dams for irrigation purposes as they are much more eco-friendly.

3. Sec. 12 of the Draft National Water Policy speaks about drinking water supply. If expensive processes such as desalination or reverse osmosis are required to provide drinking water in water-scarce areas and areas with endemic ground water quality problems, drinking water should be delinked from piped water. Filtered water can be supplied through pipes for all uses except drinking and potable water (say 5 litres/per head/per day) can be supplied for drinking purposes either in bottles or through vending machines (or through some means). More than 99% of the piped water is used for non-drinking purposes such as washing, bathing, flushing toilets and gardening and there is no point in purifying this water at enormous expense to drinking water standards.

Research should be done in alternate technologies such as river bank filtration and atmospheric water generators which can produce potable water at very low cost and viable technologies should be implemented promptly.

Yours sincerely,

V.Mahesha

Working President

Mysore Grahakara Parishat