New Road Sign of MCC

MGP had complained last year that the cement concrete road signs which had been installed all over Mysore had faded or had been defaced. Also, they are a hindrance to pedestrians. MGP had suggested that painted metal plate signs positioned several feet above the ground are a better option. We are happy to note that Mysore City Corporation is installing such  metal street sign boards. Presumably the concrete boards will be removed.

But there are several problems with the new boards:

1. Too much information is on the boards. The boards carry the legend MCC, the name of the locality, ward number and in some cases, the name of the corporator as well. This is too much information to pack on a road sign. Further, some of the words are left to right and some of them top to bottom, making quick reading of the signs difficult. We believe that the names of the street written left to right are enough. Since Mysore is being promoted as a tourist attraction, it would be better if the names of the streets are also in English for the benefit of the tourists.

2. The boards should be standardized. For example, in the USA, the street signs are made of aluminium, are at least 6 inches in height and the letters are at least 4 inches in height (MUTCD Code for traffic signs). The paint should be fade-resistant so that the boards are long-lasting.

3. As far as possible, separate poles should not be put up to display the road signs. Such poles are an additional impediment to pedestrians. The signs should be mounted at a height of at least 7 feet on a street light pole at a traffic intersection. This will not only minimize obstruction to pedestrians, it will also help readability at night because of the street light.

4. It will be beneficial to the public if door numbers can be indicated. One way to do it would be to display the door number immediately next to the sign and indicate if the numbers increase as one moves away from the sign in the direction it is pointing. To make this suggestion truly useful, a scientific system for house numbers must be implemented.

R Chandra Prakash, MGP

Will the Campa Cola Judgment Have an Effect in Karnataka?

In Karnataka, buildings violating municipal bylaws are the order of the day. Among new constructions, buildings which do not violate the building bylaws in any way are almost nonexistent. With illegal buildings (and even illegal layouts) springing up everywhere and the authorities taking no action, the situation seems hopeless. Many believe that the recent judgment of the Supreme Court ordering the demolition of several illegal floors of the Campa Cola Apartments in Mumbai will rein in such illegal construction. Will the judgment have any major effect in Karnataka? 

A careful reading of the judgment does not give much hope. There are basically two reasons for this pessimistic view: 

1. Despite several strong orders of the Supreme Court and various High Courts, illegal constructions are increasing rapidly all over the country. In fact, in its Campa Cola order, the Supreme Court has recognized that judicial orders have had little effect in curbing illegal constructions. Quoting an earlier decision ((2009) 15 SCC 705), the Supreme Court says  "Unfortunately, despite repeated judgments by this Court and the High Courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and other similar laws, as also the master plans, zonal development plans, sanctioned plans, etc., have received encouragement and support from the State apparatus. As and when the Courts have passed orders or the officers of local and other bodies have taken action for ensuring rigorous compliance with laws relating to planned development of the cities and urban areas and issued directions for demolition of the illegal/unauthorized constructions, those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularization of illegal and unauthorized constructions in the name of compassion and hardship." In fact, Maharashtra has passed Regulations which allow for the regularization of the illegal Campa Cola buildings, but the Supreme Court held that  they can not be applied since they came into effect after the case was filed. In Karnataka also, successive governments have announced  "Akrama-Sakrama" schemes and seem bent on perpetuating illegal constructions. 

2. Quoting another earlier decision ((2004) 8 SCC  733), the Supreme Court says "Builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejudice of the planned development of the city and at the peril of the occupants of the premises constructed or of the inhabitants of the city at large...If such activities are to  stop some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations. The unwary purchasers who shall be the sufferers must be adequately compensated by the builder. The arms of the law must stretch to catch hold of such unscrupulous builders...Probably (the builder) was under the impression that he would be able to either escape the clutches of the law or twist the arm of the law by some manipulation. This impression must prove to be wrong." After having said this, the Supreme Court, in the Campa Cola order does not punish either the builders or the officials who allowed fourteen illegal floors to be constructed. It just said that the illegal floors should be demolished and that the flat buyers were free to avail appropriate remedy against the developers/builders. Such a lenient order is not likely to deter the builders from building illegal buildings and the officials from conniving with the builders.

B.V. Shenoy, Mysore Grahakara Parishat 

IT Act non operational in Karnataka

The Information Technology Act was passed by the parliament in 2000. It gives legal recognition to electronic records and digital signatures and enables the signing of contracts via the internet. It also defines legal rights and obligations in transactions done through the internet. The IT Act is regarded as having played an important role in the explosive growth of IT industry in India.

    The Act also deals with various forms of cyber-crimes and punishments for them. It establishes adjudicating officers (equivalent to judges) to try cyber-crimes. The adjudicating officers for cyber-crimes are the Information Technology Secretaries of the various state governments. If the decision of the adjudicating officer is not satisfactory, it can be appealed before the cyber appellate tribunal also established by the Act.

    Sec. 61 of the Act mandates that matters covered by the Act have to be decided by the adjudicating officers only and no other court has jurisdiction. Since Sec. 81 of the Act gives it overriding powers with respect to other laws, there is no escape from this provision of the Act. The exclusion of the jurisdiction of other courts in IT matters has created a problem in Karnataka.

    According to the NASSCOM website, egovreach.in/social/node/240 Karnataka has registered the highest number of cyber-crimes among all states. But successive IT Secretaries avoided adjudicating cyber-crime cases for over a decade. Recently some cases have been taken up, but they are mostly connected with cyber-cafes and not with consumers. In the very few consumer cases that the adjudicating officers have taken up, they have ruled that cases in which companies are defendants are not covered by the IT Act. This ruling which disqualifies almost all complaints under the IT Act is evidently based on a misreading of the law, but appeals against the ruling are in limbo because the cyber appellate tribunals have not been set up. Since other courts are prohibited from taking up IT cases, persons who have suffered from cyber-crimes in Karnataka are having no legal recourse at all. But other states do not seem to have this problem. 

    Let us now look at the provisions of the IT Act. According to Secs. 43 and 66 of the Act, breaking into computers to either gain confidential information or to destroy stored data, launching denial of access attacks, sending offensive e-mails, and phishing (sending e-mails to deceive the recipient into revealing confidential information) are cyber-crimes which can be punished by upto 3 years in prison and upto Rs. 5 lakhs in fines in addition to restitution of loss suffered due to these cyber-crimes. There are also more serious cyber-crimes such as transmitting obscene pictures or cyber-terrorism which carry heavier punishment. 

    If a company (or a bank) which possesses or handles sensitive personal data is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such a company (or bank) will have to pay damages by way of compensation, upto Rs. 5 crores. 

    Consumer courts have given judgments in recent years on credit card frauds in which hackers steal credit card numbers and passwords from bank computers and use this information to withdraw money from customer accounts. Such matters are covered by the IT Act and therefore consumer courts are prohibited from accepting such cases. 

    We might be entering into a paperless world in which business, news, entertainment, etc. might all be through electronic communication. The present IT Act is a major step in trying to address the problems of such a world. But at first sight, there seem to be several shortcomings in the Act. Some of them are:
* The Act gives almost unlimited powers to the government to intercept e-mails and thus become a big brother.
* The Act gives validity to e-contracts, but does not define when and where the contract is concluded, unlike similar laws in other countries.
* Drug dealers worldwide are increasingly resorting to the internet. The Act is silent on this issue.
* Since the internet transcends national barriers and many cyber-criminals are outside India, it is not clear if the Act has the jurisdiction to punish them.
* The restrictions on cyber-cafes contained in the Rules made under the Act are so restrictive that if they are really implemented, all cyber-cafes in India would have to be closed.

Dwarkanath Narayan, MGP

The future of power generation in India

The demand for energy all over the world is increasing extremely fast. According to the Organisation for Economic Cooperation and Development, the world economy will be four times larger by 2050 and the energy demand will almost double. Since 60-70% of all energy usage is expected to be in the form of electricity, a huge increase in electricity production is anticipated.

    In India, electricity production has increased by 300% in the last 20 years. Even then, 30% of the households do not have access to electricity. To provide everyone access to electricity and to meet the increasing demands of an expanding economy, electricity production will have to increase at a rapid rate in the future also. According to International Energy Agency, it will increase by 300-600% by 2050.

    This raises a lot of questions such as, Do we have the necessary resources?, Do we have the necessary technology?, Is it sustainable? and What are the environmental implications?

    The existing centralized power generation based on fossil or nuclear fuels or major dams has failed to meet the basic electricity needs of most of the country's rural population and is also proving to be costly to the society from economic, social, health and environmental angles.

    Therefore, renewable energy sources are likely to be a major component of future energy production in India. Some of these sources with the generation potential in parentheses are wind energy (45,000 MW), small hydro (15,000 MW), solar (essentially unlimited) and ocean wave (potentially huge, but no estimates are available).

    In addition to centralized power generation, decentralized power generation must also be emphasized in any future electricity policy. Some decentralized power options are:
1. Rooftop solar photo-voltaic systems which can meet most of the smaller local loads, including domestic needs. Power left after meeting these needs can be exported to the grid.
2. Solar water heaters to provide hot water for houses, nursing homes, hotels, hostels, industries etc. at very economical prices.  
3. In places with good average wind speed, wind turbines can provide very cheap power locally.

    Such decentralised power systems can meet most of the rural loads when they are used in hybrid mode and can provide many other long-term benefits such as minimum transmission losses, local employment opportunities and rural development.

    Taking all these issues into account, electricity production in India in the future is likely to consist of: 
* a large number of small (rooftop and community-based) power sources,
* some medium/large size renewable power sources (solar, wind, etc.),
* few conventional energy sources,
* higher focus on cutting distribution losses, and
* higher focus on power conservation.

Shankar Sharma
(The author is a power policy analyst and can be contacted at 94482 72503.)

Borewells And The Death of Dryland Agriculture

  It was reported this week that more than 25% of the coconut trees in Chamarajanagar district have died and the others are following. This phenomenon is being attributed to severe depletion of the ground water. It has also been reported that when it rains, the ground is moist for a few days only and dries up very quickly. This lack of water is also severely affecting other crops.

    Indiscriminate borewell drilling is the most probable cause of this extreme depletion of ground water. Geologists have known for some time that the depletion of the water table in areas of high borewell density is far in excess of what is expected after taking into account the rainfall variations and the increased ground water usage (which is now more than 20 times the use in 1960). So there has to be another reason. It has been now confirmed that ground water in the tight fracture-controlled aquifers in the state has found vents in the borewells for free flow from shallow zones to deeper zones. In other words, BOREWELLS ARE DRAINING WATER INTO DEEP UNDERGROUND. The land has become a sponge which sucks rainwater and sends it directly to deep underground. As a result, the surface runoffs have also diminished limiting the flow to tanks, tributaries and rivers. This is also the reason that even a perennial river like Kaveri is getting depleted earlier and earlier.

    In such a situation, shallow ground water can not be recharged. Water directed underground by recharge pits will directly flow into deep underground and will not raise the water table. This has happened in many places in Karnataka where a large number of borewells have been sunk.

    If the drilling of borewells continues at the current pace, we will soon reach the point when all the surface water will be drained into the deep underground and we will be left with no accessible water at all. DRYLAND AGRICULTURE WILL THEN DIE AND THE LAND WILL TURN INTO A DESERT.

    To prevent such a catastrophe, we should seriously consider setting up a ground water authority consisting of experts and imposing a moratorium on private borewells except with the permission of this authority. Steps such as creation of subsurface check dams, plugging the vents (that allow water to flow from a shallow zone to a deeper zone) and recharging aquifers which are not drained to lower levels should be pursued with great urgency to undo the damage that has already been done.

V Mahesha, MGP
(The author, an expert on hydrogeology, worked in the Department of Mines and Geology for more than 35 years in all regions of Karnataka. He can be contacted at 98455 11109.)

Campa Cola Judgement and Apartment Owners

The Campa Cola Compound (Worli, Mumbai) case is a classic case of apartment buyers falling prey to the unholy alliance of greedy builders and unethical officials. In 1982, the builders were permitted to construct up to five floors, yet they built several illegal floors on each building, including two towers, without any BMC nod. Having declared the additional floors illegal and ordered for their demolition, in October the Supreme Court granted a four week stay as breathing time to the residents of Campa Cola Society to vacate their illegal flats. The apex court said residents could stay till 11 November only. Instead of complying with the decision of the Supreme Court the residents were attempting to seek the government's help to overcome the problem through an Ordinance and stall the Supreme Court ruling. It is unfortunate that having failed in that attempt the residents are now facing the eviction and demolition of the flats found to be illegal by the Supreme Court.

On 10th November 2013, the Mysore Grahakara Parishat at its monthly meeting had elaborately explained the precautions to be taken by an apartment buyer and had suggested that a copy of the CR, Completion Report issued by the competent authority is a must before a buyer takes possession of his new flat. The Campa Cola case is an example of what could happen if such legal requirements are not complied with. Very soon MGP is coming out with an folder listing Dos and Donts for apartment buyers in Mysore.

The judgement can be read here (pdf).

R Chandraprakash, President, MGP

Can We Terminate The JUSCO Contract?

In recent days some citizens and politicians have called for termination of the JUSCO contract. Is termination of the JUSCO contract beneficial to our city? We believe that the whole affair is quite messy with no simple answers.

Let us begin at the signing of the contract. The JNNURM-funded project to upgrade Mysore's water supply infrastructure was divided and two tenders were floated for the works. The first one was to build major overhead tanks all over Mysore and supply them with water from the water treatment plants through large underground pipes. Nagarjuna Construction Company won this tender for Rs. 77 crores. The second tender was for doing all the work required to make the present intermittent non-pressurized water supply system into a continuous pressurized 24x7 water supply system and maintaining the system for 6 years. Twelve companies participated in the tender process. JUSCO won the tender with the lowest bid of Rs. 162 crores. Ranhill Water Services made the second lowest bid of Rs. 256 crores, Larsen & Toubro made the third lowest bid at Rs. 305 crores and the highest bid was Rs. 882 crores by Jain Irrigations Systems. So JUSCO's bid was by far the lowest bid.

The JUSCO bid was based on the figures (117,000 connections and 911 km-long pipeline network) given by Mysore City Corporation. Within a year of the beginning of the contract, JUSCO was supposed to carry out a survey, arrive at the actual number of connections and the length of the network and submit a revised estimate based on these figures. According to JUSCO, there were 175,000 connections (an excess of 50% over the MCC figure) and 1911 kms of pipeline (an excess of 110% over the MCC figure). Based on the new numbers, JUSCO submitted a revised estimate of Rs. 212 crores. According to the terms of the contract (Sec. 3.2.7), if the government did not suggest revisions to it within a month, the revised estimate was deemed to have been approved. It appears that the government responded with changes after 3 months and the changes were not acceptable to JUSCO. That is where we stand now. Negotiations are going on between JUSCO and the government in this regard, but nothing concrete has come out. In the meanwhile, JUSCO is finishing up the work covered by the original bid amount and is not taking up any new work. This will leave about half the city without upgradation of the pipeline network and installation of new meters.

In this scenario, let us see what might happen if the JUSCO contract is cancelled. JUSCO will surely approach an arbitrator as provided in the contract (Sec. 24.2). JUSCO might have botched up many things, but the government has also messed up by not rejecting the revised estimate within the specified period and thus becoming liable for the revised estimate of Rs. 212 crores. So the arbitrator may not decide against JUSCO. Even if the decision goes against JUSCO, the remainder of the work has to be tendered again. Based on the original bids, it will be in all likelihood far more costly than the Rs. 50 crores demanded by JUSCO to finish the remaining work. Is the quality of JUSCO work so bad that it is worth paying much more money to another company to finish the work? MCC will have to make this decision. If the quality of JUSCO work is really bad, should the work already done by it be redone by another company? MCC will have to make this decision also.

There are a lot of problems with this project, which should have been anticipated but were not. Some of them are:

1. Splitting the project into two: Nagarjuna Construction Company was given the contract of building the major overhead tanks and JUSCO was given the contract for laying pipes from these tanks to the consumers. If the location of the tanks is not proper, it is not possible to supply water to all consumers at the required pressure. As a result, if water is not being supplied to all consumers at the required pressure, it could be because the design of the pipe network is defective (which would be JUSCO responsibility) or because the location of the tanks is not proper (which would be the responsibility of Nagarjuna). JUSCO and Nagarjuna would blame each other and it would be hard to pin the blame. Such non-accountability should not have been allowed. Tenders should have been called for the combined works and not separately.

2. Making bulk water supply MCC's responsibility and distribution JUSCO's responsibility: The goal of the project is to provide Mysore 24x7 water supply. Dividing the supply responsibility into two again encourages non-accountability. If 24x7 supply is not achieved, JUSCO and MCC will blame each other and it will need an arbitrator to pin the blame.

3. Competence of government: The project was given to private parties because the government felt that its agencies are not competent to do it. If government agencies are not competent to design and execute the works, can they be competent to monitor and control the quality of work done by private agencies? This seems a basic problem with PPP (Private Public Partnership) projects. We have seen in the case of ADB-funded projects a decade ago numerous badly designed and poorly executed works which were approved and passed by the same government agencies as a result of which enormous amounts of money were spent with little lasting value for the city. We routinely see in road repair contracts and irrigation canal repair contracts poor substandard work passed by government agencies. If the competence of government agencies falls below a certain level, even PPPs will not help.

4. Defects in contract: There are numerous defects in the contract. One example is the condition that JUSCO should provide the new water connection to a spot 1 meter inside the customer's property. It is the responsibility of the property owner to lay the pipes from there to the water meter. It is very difficult to get labour for such a small job. Even if labour can be found, the payment demanded is huge. It is amazing that the framers of the contract did not anticipate this problem. They could have fixed the rates for doing this job and given the option of getting the job done by JUSCO or any other contractor to the customer himself. Another example is the common complaint that roads that have been dug up for laying new pipes have not been properly repaired leading to hardship for the locals. Filling the trenches with soil, compacting and resurfacing of the road in a definite time frame could all have been.

V Mahesha, MGP

Petition on Mysore Master Plan

MGP has been studying the Master Plan for Mysore Nanjangud Local Planning Area - 2031 prepared by MUDA. Though the Master Plan seeks to preserve the character of the city, its provisions as they stand now would actually lead to the opposite. If the present Master Plan is approved, the city centre would be further congested and this congestion could spread to other areas of the city which are now serene. Many provisions of the Master Plan will lead Mysore, a Heritage City, on the same path which Bengaluru, once a Garden city, has gone.

MGP has created a page on Facebook  which explains the shortcomings of the Master Plan in detail and suggestions to overcome them. MGP requests the public of Mysore to go through this page and if convinced by arguments presented there, sign a e-petition here urging the government to make the necessary changes and not approve the Master Plan as it stands now.

Ashok Kacker, Mysore Grahakara Parishat

Supreme Court Order on Aadhaar is Being Flouted

The Supreme Court of India, in a recent decision (given on 23-9-13) has said that no person should suffer for not getting the Adhaar card. But this order is being flouted by PDS shops and LPG dealers.

PDS outlets in Mysore are demanding Aadhaar card/number as a precondition for selling fair price ration items. Many people are suffering the loss of ration only because they have not enrolled for Aadhaar. This is probably happening in other parts of Karnataka also.

The same thing is happening for LPG also. Many people are suffering the loss of entitled LPG supply only because they have not enrolled for Aadhaar.

MGP has sent a copy of the Supreme Court order to the Government of Karnataka and asked it to issue necessary directions to all departments to immediately cease demanding production of Aadhaar card/number from the public for providing them benefits or services. It has said that insistence by officials on Aadhaar card may constitute contempt of the order of the Supreme Court.

R.Chandra Prakash, Mysore Grahakara Parishat

New team for MGP

A new Executive Committee of Mysore Grahakara Parishat was installed at its 24th annual general body meeting held recently. The Committee which will serve for the period 2013-2016 consists of Prof. R. Chandra Prakash - President, Ashok Kacker - Working President, Vishwas Krishna - Secretary, K.R. Seshadri - Treasurer, Maj. Gen. (Rtd.) S.G. Vombatkere, B.V. Shenoy, Uma Shenoi, Prof. S. Sobana and Prof. S.Sekhar.  The photos are in the same order.

Complaints about bus service

MGP had recently issued a press release asking the public of Mysore to sent it complaints regarding the city bus service. The response was very good and more than 80 complaints were received. MGP has forwarded to the Divisional Controller, KRSTC a summary of the problems classified into five priorities for convenience.

1. Frequency and Timing Problems: There are too few buses plying many routes which cover schools and colleges and are heavily patronized (Nos. 10, 72, 135 for example). There appear to be too many buses on some routes (such as 116) which can be redeployed on the needed routes. On the routes which have several buses plying, the bus schedules have to be strictly followed to avoid clustering of buses at the same time leading to long waits for the next bus.

2. Introduction of New Routes and Modification of Existing Routes: Some suggestions are: Central Bus Stand to Naidu Nagar via KR Hospital, CBS to Bogadi, circular route buses without going through CBS, buses plying the same route in the return direction also, Anand Nagar to CBS via CGHS hospital, rerouting more buses through Doctors' Corner in Gokulam 3rd Stage, Ekalavyanagar to Metagalli, circular routes in both directions connecting Railway Station, Suburban Bus Stand and CBS.

3. Enforcement of Official Bus-stops: This includes cases of buses not stopping at the designated stops (e.g. St. Philomena's College and Akshay Bhandar), irregular stops at the traffic intersections (e.g. near V.V. Puram Post Office), illegal stops and turns, violating one-way rule in the early/late hours of traffic, awkward parking at stops (e.g. SBS), blocking of regular bus stops by other vehicles and vendors (e.g. P.K. Sanatorium), blocking of traffic by up and down buses stopping next to each other (e.g. Surya Bakery).

4. Need for the Staff to be More People-friendly: There have been complaints of ill-treatment of senior citizens, not helping the ladies and senior citizens to get seats reserved for them, not issuing change, talking on cell phone or with other staff while driving, not using indicators while making turns, sudden braking and stopping in the middle of the road, changing the specified routes (e.g. 119 avoiding Doctors' Corner in Gokulam), etc.

5. Other Issues: There have been complaints about poorly maintained buses, buses with no destination boards or numbers on the side, no timetable at important bus-stops, nonworking electronic systems (ITS), stopping of buses for long durations at the stage ends to issue tickets, lack of good bus shelters at many places, too much delay in the arrival of relief bus at times of breakdown, etc. People have also complained that concessions are given to senior citizens in Volvo and other AC buses in Bengaluru, but the same facility is not available in Mysore. MGP has suggested that the 1st set of problems can be best solved by conducting periodic scientific surveys of the bus occupancy rates on all routes at various times of the day (including Sundays and holidays). This will help employing the right number of buses on a route and determining the best schedule. The public can also be surveyed periodically to find out if new routes are needed or if the service needs to be improved in any way, i.e., problem sets 2-5. MGP has also recommended that a complaint cell may be established in KSRTC with SMS and E-mail facilities to receive and redress the grievances of the public quickly on the lines of a system operating in the railways.

Prof. B.S. Shankara, Mysore Grahakara Parishat

Courier Service and Law

Courier industry is one of the fastest growing service sectors in India. Estimated to be growing at a rate of 25% per year, the private courier industry probably has more than 50% market share of the mail service. Here we discuss some legal aspects of the courier industry. 

Is Courier Service Legal?

Courier services are operating in India for decades. But according to Sec. 4 of the Indian Post Office Act, 1898, private parties can not convey letters. Conveying letters is a privilege reserved only for the government. Unsuccessful attempts have been made to update the antiquated law to permit private couriers, but as far as we can tell, Sec. 4 still stands and so strictly speaking, private courier systems are illegal!

If you have problems with a courier service, can you get legal redress? 

Even though the Indian Post Office Act prohibits private couriers, the parliament has passed a law, The Carriage by Road Act, 2007 which explicitly covers private couriers! TCRA fixes the liability of couriers if the material sent through couriers is lost or damaged or not delivered due to the negligence of the courier. In such cases, one can file a case in the civil court under TCRA and obtain compensation for the loss suffered. The consumer also has the option of filing a complaint before the consumer court under the Consumer Protection Act, 1986 and  get compensation in a speedy and inexpensive manner.  

It may appear that there is a problem with using the CPA and approaching the consumer courts. Sec. 14(1)(d) of the CPA allows compensation only for any loss due to the negligence of the opposite party. If the loss is not attributable to the negligence of the opposite party, you can not get compensation. According to Sec. 101 of the Indian Evidence Act, 1872, any person who approaches a court to give judgment on a liability dependent on the existence of facts, must prove that those facts exist. Therefore, if the consumer approaches the consumer court for compensation for the negligence of the courier, he must prove that the courier was negligent. The article you sent through a courier may be lost or damaged, but how can you prove that it was because of the NEGLIGENCE of the courier? This is not easy at all.  

Here is where The Carriage by Roads Act comes to help. According to Sec. 12 of the Act, in a complaint against the courier, it is not necessary for the plaintiff to prove the negligence of the courier. It is to be assumed that the loss, damage or nondelivery of the letter was due to the negligence of the courier unless the courier proves otherwise.  

Is there a limit on the compensation you can get? 

The conditions printed on the backside of the receipt given by the courier company usually include a statement limiting the liability of the courier to Rs. 100 in case of loss or damage. But if these conditions were not explained to you and you did not sign the consignment note, the conditions are not binding and the consumer court can award a higher compensation. A judgment of the National Consumer Commission (III 92003) CPJ 160 (NC)) can be quoted in your favour to obtain higher compensation.

M.Akarsh, Mysore Grahakara Parishat 

Obituary- A R Venkatesan

Noted social worker, A.R. Venkatesan passed away in his Chamundipuram home Tuesday night after a brief illness. He was 77.

After retiring from Indian Information Service in 1994, A.R. Venkatesan settled down in Mysore and devoted his life to social service. He was an active member of numerous organizations, notably, Mysore Grahakara Parishat, Elder Citizens Council, People for Animals, Central Government Pensioners Association, and Mysore Lok Swaraj Andolan. As a coordinator of CPR Environmental Education Centre, Chennai, he organized more than 2,000 programmes all over South India including, environmental awareness lectures for school and college children, workshops for teachers and other professionals, seminars on environmental law, film shows, field trips for children, competitions about environmental awareness, etc. He initiated steps to save several "Devara Kaadu"s. He volunteered his service as traffic warden for several years. In addition to his work with organizations, he worked in his individual capacity for numerous charitable causes and for educating needy children. 

He leaves behind his wife, two children, two grandchildren and a host of relatives and friends. In his death, Mysore has lost a notable contributor to the society at large.

A Clarification from MGP

We read with interest the letter of C.R.Krishna, Proprietor, Little Gas Company (SOM 27-8-13) on the double credit consumers receive after receiving delivery of their first cylinder under the DBT scheme. He has given a very clear explanation of how LPG subsidy works and how the government is actually giving an advance on the purchase of the next cylinder.

But in the last paragraph of the letter it is mentioned that MGP had also raised query on the same subject. All the press releases sent by MGP are sent through its official e-mail address and a survey of the sent mail shows no record of any MGP communication on this particular subject. This is just a clarification.

B.V. Shenoy, Mysore Grahakara Parishat

"Maximum Retail Price" Has No Value!

One frequently sees shops, hotels and clubs charge more than the  maximum retail price (MRP). Most people assume that selling items for more than the MRP must be illegal. But is it really so? A careful study reveals that there may be no law which punishes charging more than the MRP.

Let us first look at hotels and clubs charging more than MRP. Consumer courts are often giving decisions against such hotels and clubs. For example, in the case reported in I(2011) CPJ 13 NC, the National Consumer Commission upheld the order of a District Forum imposing a fine on a hotel for having charged more than MRP on some soft drinks. While such decisions of consumer courts are to be welcomed from the point of view of the consumer, unfortunately, they go against an order of the Supreme Court.

This order of the Supreme Court order (State of Himachal Pradesh Vs. Associated Hotels of India, AIR 1972 SC 1131) given in 1972 makes MRP applicable only to retail sales, i.e., goods sold in shops. So food and drinks consumed in hotels, clubs, restaurants, airplanes, etc. may be sold at prices above the MRP. The Supreme Court held that such food and drinks can not be considered retail sales since they are always accompanied by service.

But it appears that most consumer courts are not aware of this order, because they keep awarding compensation against hotels and restaurants which sell packaged commodities in excess of MRP. Hotels, restaurants or airplanes are exempt from prosecution if they sell foods and drinks at more than MRP. 

Let us now look at shops charging more than MRP. The law (Legal Metrology Act, 2009) related to MRP has been carelessly drafted and so, strictly speaking, even shops which sell above MRP can not be punished under this law.

According to Sec. 18 of the Act (and Sec. 6 of the Legal Metrology (Packaged Commodities) Rules, 2011 made under the Act), the declaration on any package commodity must have the MRP of the commodity. Sec. 36 of the Act prescribes a penalty of Rs. 25,000 for selling a packaged commodity which does not conform to the declarations on the package, but it appears that the nonconformity refers only to weight, number, etc. and not to the price. So there is no explicit prohibition of sale above the MRP in the Act. But Sec. 18
of the Rules prohibits the retail sale of any packaged commodity at a price higher than the printed MRP. So selling above MRP is not prohibited by the Act but is prohibited by the Rules made under the Act.

There are several Supreme Court orders which prescribe the limits of Rules made under an Act. They all say that Rules cannot extend the boundaries of the Act under which they have been made (e.g. Bharathidasan University Vs. All-India Council for Technical Education, (2001) 8 SCC 767). In the present case, the Legal Metrology Act only mandates that the price be printed on the package whereas the Rules go impermissibly further by stipulating that price charged can not exceed the printed price. Therefore, this part of the Rules is invalid. In other words, there is no limit on the price charged! Not printing MRP is against the law, but not selling above MRP. MRP becomes just a fiction.

It is amazing that the legal experts and bureaucrats who draft legislation are ignorant of such legal basics. They should have included the prohibition of charging a price higher than the printed price in the Act itself and not just in the Rules. By not doing it, they have negated the very purpose of MRP.

Many consumer courts have said that charging more than the MRP is unfair trade practice and imposed penalties (sometimes heavy) on the vendors. But this may not be legally correct either. The CPA defines unfair trade practice in Sec. 2(1)(r) as an unfair method adopted "for the purpose of promoting the sale, use or supply of any goods" and proceeds to make a list of unfair trade practices. Charging more than the MRP is not included the list. One may argue that the list is not comprehensive. Even accepting this argument, there is a problem. Selling a product above MRP can not promote the sale, use or supply of that product and so fails to meet the definition of unfair trade practice given in the CPA. It does not matter if everyone thinks that some trade practice is unfair, but if the trade practice does not promote the sale, use or supply of the goods, it is not unfair trade practice according to the CPA. Such is the case with selling above MRP. So the consumer courts can not punish it as an unfair trade practice.

Finally, there is another provision of the CPA which refers to MRP. Sec. 2(1)(c) of the CPA lists the types of complaints which can be filed in consumer courts. They are, unfair or restrictive trade practice, defective goods, deficient service, charging excessive price (which includes charging more than the price printed on the package) and selling goods or services hazardous to life. Actions which can be taken by the consumer courts on these complaints are described in Sec.14 of the CPA, but maybe because of sloppiness in writing the law, this section covers all other types of complaints except charging excessive price. So as the CPA stands now, one can complain about selling above MRP, but the consumer court can not give any order against it! Even if the Act prescribed what type of action the consumer courts can take against selling above MRP, it is still not clear if such an order is legal. According to Sec. 3 of the CPA, the Act is not in derogation of the provisions of any other act and since the Legal Metrology Act itself does not prescribe a punishment for selling above MRP, CPA may not be able to go beyond it and prescribe such a punishment.

To conclude, there seems to be no law against selling above MRP and no court can punish any one for selling a product above MRP. By sheer carelessness in lawmaking, the very purpose of having an MRP has been
defeated!

B.Vaikunth Shenoy, Mysore Grahakara Parishat

Traffic Danger

Several roads in Mysore have been declared one-way, but the police are not paying enough attention to enforcing strict one-way traffic. Vehicles going the wrong way for short distances on busy roads such as D.D. Urs Road and Kalidasa Road are common. This is causing great danger to law-abiding drivers.

Similarly, road dividers have been installed on several roads but again one-way traffic on the two halves of the road is not being enforced properly. This may lead to accidents. The photo shows KRS Road opposite CFTRI Main Gate. There is no break in the road divider here and so all vehicles leaving the western entrance of the Railway Station should proceed south towards Dasappa Circle. Vehicles intending to go north towards Akashvani should take a U-turn at LIC building or better still at Dasappa Circle itself. But many drivers are too lazy or arrogant to take the longer route. Instead, they are proceeding northwards against the oncoming traffic for about 30 meters where the road divider ends. We hope that the police would take action to stop this dangerous habit.

D.V. Dayanand Sagar, Mysore Grahakara Parishat

Why is High-tech Aadhaar Becoming Low-tech?

We are bombarded with advertisements about submitting Aaadhaar card details to banks and LPG distributors to avail of the LPG subsidy.

But when we applied for Aadhaar cards, most of us checked the box which said "I want to link my existing Bank A/c to Aadhaar and I have no objection on this issue" and submitted our bank account number. What is preventing UIADI from linking the Aadhaar number and the bank account number itself? Why is it asking us to personally hand over a xerox of our Aadhaar card to the bank?

Similarly we are being asked to hand over personally a xerox of the Aadhaar card to the LPG distributors. But a simple e-application is available at here which does the same job without having to personally visit the LPG distributor. Why is there silence on this application form?

The reason for this letter is that it takes half a day, some times a whole day, to vist the bank and the LPG distributor and complete the formalities. It is the purpose of Aadhaar to prevent such hassles. But for some reason UIDAI is forgetting this. It is like having e-mail facility, but instead of using it, taking a printout of the e-mail and sending it by post!

M.A.Sridhar, Mysore Grahakara Parishat

How To Get Your Education Fees Refunded

This is the season when schools and colleges open and the race is on for thousands of anxious parents to get their children into the best possible schools and colleges.

In this high pressure situation, they can lose their money in several ways. The student gets admission at an institution and joins it and later gets admission at an institution which he prefers. The chances are, the first institution will refuse to refund his fees. Most institutions print it in their brochures that fees can not be refunded

and they show it to justify their action. Many institutions collect fees not for one semester or one year, but for the whole course. This is not only a great financial burden to the parents, it also puts enormous pressure on the student not to switch institutions. Several institutions also collect the original documents of the students at the time of admission and refuse to part with them till the end of the course. This is again to force the students from switching institutions.

All these practices adopted by many private institutions are unfair trade practices and can be challenged in consumer courts at little cost and effort. The notice issued by the Universities Grants Commission (Notice No. F.No.1-3/2007 (CPP-II) dated 23-4-2007 available here) provides a good starting point for such challenges. Consumer courts have given several decisions ordering refund of fees based on this notice. The relevant portions of the notice are as follows: "It has come to the notice of the University Grants Commission that Institutions and Universities including Institutions Deemed to be Universities are admitting students to various programmes of studies long before the actual starting of academic session, collecting full fee from the admitted students; and retaining their schools/Institutes leaving certificates in original. The Institutions and Universities are also reportedly confiscating the fee if a student fails to join by such dates.

The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for Institutions and Universities to retain the School/Institution Leaving Certificate. Mark sheet, caste certificate and other documents in original.

The Ministry of Human Resource Development and University Grants Commission have considered the issue and decided that the Institutions and Universities, in the public interest, shall maintain a waiting list of students/candidates withdrawing before the starting of the course, the wait-listed candidates should be given admission against the vacant seat. The entire fee collected from the student, after a deduction of the processing fee of not more than Rs. 1000 shall be refunded and returned by the Institution/University to the student/candidate withdrawing from the programme. Should a student leave after joining the course and if the seat consequently falling vacant has been filled by another candidate by the last date of admission, the Institution must return the fee collected with proportionate deductions of monthly fee and proportionate hostel rent, where applicable."

All India Council for Technical Education has issued a similar notice for colleges and institutions imparting education in the fields of engineering, technology, architecture, pharmacy, etc.

The above notices apply to almost all colleges and if the student is withdrawing before the admission process is complete, he should get his fees back (with a maximum deduction of Rs. 1000 as processing fee). Consumer courts have generally ruled that if institutions have not provided any service (teaching), they can not charge a fee. The student may also be able to get a refund if he withdraws after classes begin. The institution will argue that the seat he vacated remained vacant and so the institution will lose money if it refunds the fee. So the student should insist that the institution produce the waiting list and find out if the seat was given to some one else.

The same general arguments apply if the institution is a PU college or a school, even though the UGC notice does not apply directly.

Stephen Aboagye, Mysore Grahakara Parishat

A Pro-consumer Judgement By The Supreme Court

Till recently, consumer courts (including the National Consumer Commission) were dismissing complaints concerning deficiency in medical service saying that expert opinion was not produced by the complainant to prove that the medical service rendered was indeed deficient. As is well-known, it is not easy to get a professional to testify against a fellow professional and so it appeared that it would be very difficult to approach consumer courts with any complaints against doctors or hospitals.

Such decisions of the consumer courts were based on a decision (I (2009) CPJ 32 (SC)) given by a two-man bench (consisting of Justices Markandey Katju and R.M.Lodha) of the Supreme Court which  equated a complaint before the consumer court to a criminal complaint and said "We, therefore, direct that whenever a complaint is received against a doctor or hospital by the consumer Fora (whether District, State or National) or by the criminal court then before issuing notice to the doctor or hospital against whom the complaint was made, the Consumer Forum or the criminal court should first refer the matter to a competent doctor or committee of doctors, specialized in the field relating to which the medical negligence is attributed, and only after the doctor or committee reports that there is prima facie case of medical negligence should notice be issued to the doctor/hospital concerned." This order was proving an insurmountable obstacle to many victims of medical negligence.

But luckily for the consumers, in a recent judgement (III (2010) CPJ 1 (SC)), Justices G.S.Singhvi and Ashok Kumar Ganguly of the Supreme Court have reversed this decision. They  noted that in two separate earlier decisions (III (2002) CPJ 8 (SC) and III (2005) CPJ 9 (SC)), three-man benches of the Supreme Court had clearly differentiated between consumer complaints and criminal complaints and had laid down that in consumer cases, expert witnesses are necessary only in complicated cases and the question of whether to call an expert is left to the discretion of the consumer court. The Justices pointed out that in many cases medical negligence is evident and the complainant does not have to prove anything as the thing proves itself. In such cases, it is for the defendant to prove that he was not negligent. Justices Singhvi and Ganguly also said "It is clear from the statement of objects and reasons of the Consumer Protection Act 1986 that it is to provide a Forum for speedy and simple redressal of consumer disputes. Such avowed legislative purpose cannot be diluted or defeated by superimposing a requirement of having expert evidence in all cases of medical negligence regardless of factual requirement of the case. If that is done the efficacy of remedy under the Consumer Protection Act 1986 will be substantially curtailed and in many cases the remedy will became illusory to the common man." 

Since the order of Justices Katju and Lodha was contrary to the decisions of the two earlier three-man bench decisions of the Supreme Court, Justices Singhvi and Ganguly declared the order to be "per incuriam" meaning that it was an order wrongly made by the court and therefore did not set a precedent.

The conclusion is that consumer courts are now required to call for expert medical evidence only in complicated cases of medical negligence and conduct a quick trial in others. This is a great boon to consumers who have suffered due to deficient medical service.

Dzikamai Mutsikadowo, Mysore Grahakara Parishat 

Is this permitted?

Construction work is going on at FTS Circle in N.R. Mohalla. It appears that a statue is being installed at the circle.

In a decision given by Justices R.M. Lodha and S.J. Mukhopadhaya on 18-1-2013, the Supreme Court of India has restrained all governments from permitting the installation of statues at public places, especially at traffic junctions. It has clarified that the only construction allowed at traffic junctions is high mast lights and traffic lights.

B.V. Shenoy, Mysore Grahakara Parisha

"Garbage" Photo Contest

Mysore was recently awarded a prize for being the second cleanest city in India. But everyone knows that it is hollow distinction. To keep the officials from getting a swelled head and to highlight the sorry state of garbage clearance in Mysore, MGP is organizing a photo contest about garbage in Mysore. 

Photos of garbage lying on the streets of  Mysore can be entered in the contest. They will be judged based on the ugliness or unusualness of the garbage heap. There is no entry fee. Three prizes of Rs. 1000, Rs. 500 and Rs. 250 will be given.  

Each contestant can send upto three photos, but will be eligible for only one prize. Photos will not be accepted by post, but only through e-mail to mygrapa [at] gmail [dot] com. The deadline is 31-7-2013. The judges decision will be final. If you have any questions, call 2515 150.

V.Mahesha, Mysore Grahakara Parishat 

No repairs for FTS building

Forbes Transformer Station (FTS) Building in N.R.Mohalla is a historical building, having been built in 1927 during the reign of Nalwadi Krishnaraja Wodeyar. But due to a lack of basic maintenance over the last few decades, it is decaying fast. Large chunks of plaster have fallen off and trees, some of them several feet high have grown on its walls and roof. If corrective action is not taken immediately, sections of the ceiling and the walls will be falling off under the effect of the tree roots.

A photo of the sorry state of this building was carried by the media more than 5 months ago. A recent look at the building shows that nothing has changed and Chamundeshwari Electricity Supply Corporation is still neglecting the building. If urgent action is not taken, the trees will grow deeper roots this rainy season and this historic building could be lost forever.

B.V. Shenoy, Mysore Grahakara Parishat

Destruction of park in Mysore

To,
The Chief Secretary,
Karnataka State,
Bengaluru

Sir,

Attached photographs are of a place which not long ago was a well maintained park called Sanjeevini Park. Centrally located beside Kamakshi Hospital, Kuvempu Nagar, Mysore, it was a very popular park especially patronized by the elderly and the children.

Then a local corporator decided to change its name to Happy Man Park and to “develop” it. This work has been going on for the last one year. Now a No Entry board is hanging at the ghastly entrance with security persons stopping people from entering the place. Even otherwise, the park is not usable, becuase of the construction material lying all over. Elderly people now sit on the stone base of the grill around the park cursing the administration and the corporator for this state of affairs.

This wanton destruction of a well maintained park not only speaks of the collusion between the political masters and the government administrative machinery but also raises the question of violation of many laws. Some of them are:

1. The Karnataka Parks, Playfields and Open Spaces (preservation and Regulation) Rules, 1985, under which no structure can be constructed within the park if it is less than 2 ha in area and just a watchman’s shed (not exceeding 30 sq.m.) if the area of the park exceeds 2 ha. As against this in this park entire area is dug up, provision is being made to construct shops on one side of the boundary of the park, a high level water tank is being constructed, many sheds for the birds and animals have been built and are being built. In brief the entire park area has been used for the construction of a mini-zoo!!

2. Prevention of Cruelty to Animals Act, 1960 is being wantonly flouted as one can see birds and other animals being caged and left without being taken care of. Many birds are said to have been killed for want of necessary care.

3. Indian Wildlife Protection Act, 1972 and the The Guidelines of the Central Zoo Authority have been flouted.

We request you to order an enquiry into this entire sordid act. It is surprising as to how such wanton violation of laws have occurred and as to how the officers of the Mysore City Corporation have either overlooked or even connived with such blatant violation.

Mysore City is not any small town. It is a city with a great heritage in terms of culture and civic facilities. If this wanton act can happen here in Mysore one shudders to imagine as to what would be situation in other towns and cities of the state.

Yours sincerely,
R Chandra Prakash,
Convener, 
Mysore Grahakara Parishat (MGP)

Letter to MLA Vasu

To,
Sri. Vasu,
Hon'ble MLA - Chamaraja Constituency,
Temple Road, Jayalakshmipuram,
Mysore 570 012

Dear Sri Vasu, 

We want to thank you for having taken time to come and have an interaction with MGP members. We specially want to thank you for having come on time, a rare attribute indeed. During the meeting three topics were discussed: drinking water crisis, good administration for Mysore and protecting Mysore's parks. We summarize below the discussion on these topics for your ready reference.  

1. Drinking Water Crisis  

a. Inequitable distribution of water between different areas. 

b. Irregular water supply timings. 

c. Poor quality of water. 

d. Non-working meters and illegal connections. 

e. Poor response to consumers' complaints. VVWW and JUSCO blaming each other 

Suggestions from MGP. 

Electric supply in Karnataka had similar problems a few years ago and the problems have been greatly reduced after the government increased accountability in the field of electric supply by establishing autonomous bodies such as Chamundeshwari Electric Supply Corporation and a regulatory body, the Karnataka Electricity Regulatory Commission. Taking cue from this positive experience, the government should establish a separate body manned by competent people to manage water supply in Mysore and a regulatory body. This move will make the water supply company accountable and improve all facets of water supply.  

2. Better Administration for Mysore 

Key officials such as the various commissioners serving in Mysore are being transferred frequently, very often in less than 6 months and the administration is suffering because of a lack of continuity, coordination and accountability. 

Suggestion from MGP 

Not only should the government post competent and efficient officials to key administrative positions in Mysore, it should also not transfer them till they complete their terms. 

3. Protecting the parks of Mysore 

The vast majority of parks in Mysore are poorly maintained. The government is also permitting illegal structures in many parks in direct violation of Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985. The most notable example is People's Park where many illegal structures already exist and on top of it the government itself is planning to build a public library which is again illegal.  

Suggestion from MGP 

Comparison is often made with the Public Library building in Cubbon Park, Bangalore. But that building was constructed nearly a hundred years ago in 1915, much before the KPPOS Act was enacted. Therefore, comparison with the new library building proposed to be built in People's Park in violation of the KPPOS Act is not valid. 

As a legislator, your primary duty is to enact legislation for the benefit of the public and to see that laws enacted by the legislature are enforced so that the intentions of the legislature in making those laws are not defeated. Therefore all illegal structures in all the parks in Mysore (including People's Park) must be removed. 

The intention of the legislature in passing the KPPOS Act is stated at the beginning of the Act: "In view of the increasing demand for residential and commercial sites in the urban areas, a number of parks, play-fields and open spaces are being converted into sites and for other such uses. In order to provide necessary space for recreation to the residents of each locality it is necessary to preserve parks, playfields and open spaces and to put an end to the practice of converting such lands into other uses. Hence this Bill". We request you to ensure that this intention is not defeated anywhere in Mysore. 

We are optimistic that you will take up our suggestions in the best interests of Mysore city. We are always ready to work with you in matters affecting the people of Mysore. Our suggestions may hurt the interests of some powerful people, but we are sure that you have the courage and conviction to push for action which will help our city.  

Yours sincerely,
Sreemathi Hariprasad,
President,
MGP

Be careful about your water storage

Most residents of Mysore are supplied water from Kaveri and Kabini rivers. Water from these rivers is chlorinated and pumped into large reservoirs such as the Yadavagiri High Level Reservoir and Vijayanagar Central Storage Reservoir. From these large reservoirs, water is pumped into overhead tanks all over Mysore and these overhead tanks supply water to the consumers. With the supply of water being not reliable or regular, many consumers also have sumps and overhead tanks in their houses to store water. As a result, water is stored in 4 levels of storage before it reaches the tap of the consumer. 

If proper precautions are not taken, water can get contaminated at each level of storage. The storage tanks have to be cleaned at least twice a year with liberal use of bleaching powder so that acuumulation of sediments and other dirt is checked and slime (algae) that is formed on the walls is removed.. No sunlight should be permitted to enter the tanks, since in the presence of sediment and sunlight algae grow vigorously and this promotes the growth of dangerous bacteria. 

Despite the great importance of keeping the tanks clean, reservoirs and overhead tanks of VVWW are rarely cleaned. But the residents of Mysore can help the cause of their health by keeping their sumps and overhead tanks clean and sunlight-proof. Black plastic sheets can be used to cover the lids of the sumps and overhead tanks so that sunlight is kept completely out. Consumers should not feel complacent just because they drink boiled or aquaguard water. If the stored water is contaminated, washing or rinsing utensils in such water may cause infection

Prof. A. Ramalingam, Mysore Grahakara Parishat

Chlorine is dangerous to the RCC of water reservoirs

This is with reference to the letter of A.K.Sen published in the 3-6-13 issue of SOM. The writer is correct about the corrosive action of chlorine on the reinforced cement concrete used in constructing water reservoirs. Chlorine by itself may have some reaction on the iron rods in RCC, but in the presence of moisture it forms hydrochloric and hypochlorous acids which rapidly attack exposed iron. When the roof of Vijayanagar Central Storage Reservoir collapsed a few years ago, it was noticed that the iron rods when they are corroded by chlorine and moisture expand in size causing the surrounding cement concrete to crack. Soon the strength and integrity of the RCC  is compromised and the roof collapses. 

MGP has written letters to the authorities that construction of water reservoir roofs is a specialized job and can not be done by any ordinary contractor. It should be entrusted to specialized builders who have the technical knowledge of design and construction of high density concrete roofing capable of withstanding corrosion by chlorine. But our letters have been ignored and the work is given to regular contractors. As a result, the structures do not last long and public money is wasted.

Prof. A. Ramalingam, Mysore Grahakara Parishat

Yadavagiri reservoir roof being repaired

A portion of the roof of the Yadavagiri water reservoir collapsed on the night of 26-5-13. After the photo of the collapsed roof appeared in various newspapers, officials are now getting the roof repaired by covering the hole in the roof by corrugated sheets. VVWW is to be congratulated for prompt action.

But this episode raises a strong suspicion that if the photo had not appeared in the papers, repairs would not have taken place. Exactly the same thing happened two years ago when a portion of the roof of the same reservoir collapsed (on 26-4-11) and repair was started only after photos of the damaged roof appeared in the papers. Did the staff at the reservoir not notice that the roof had collapsed? Or did they not report it to their superiors? Or did the superiors not act on this information until the news hit the headlines? Do the public need to keep an eye on everything? 

The same malady seems to affect other departments of Mysore City Corporation and the government in general. Be it leakage of water mains, overflow of sewers, potholes in roads or non-functioning of streetlights, the public has to bring the problem to the attention of the authorities or no action will be taken..Old timers tell stories of officers of the King inspecting the city on horseback every day, identifying problems and ordering action on them without anyone having to complain about them. In the present scenario, these stories appear like fairy tales.

Dwarkanath Narayan, MGP

(Earlier reports on Yadavagiri water reservoir 1, 2, 3, 4)

Yadavagiri water reservoir roof collapses again

A portion of the roof of the Yadavagiri water reservoir collapsed on the night of 26-5-13. Till now no repairs have been done. It is not clear if Vani Vilasa Water Works even know that the roof has collapsed.  It may be remembered that a portion of the roof of the same reservoir collapsed on 26-4-11 and repair was started only after photos of the damaged roof appeared in the papers. Corrugated sheets were placed over the opening left by the roof collapse as seen in the photo. Another section of the same roof collapsed on 22-7-11 and its repair can be seen in the top right side of the circular reservoir.

MGP had complained that these repairs were a temporary solution at best. The entire roof needs to be replaced before other sections of the roof collapse causing possible loss of life. It is seen in the photo that there are white stripes painted all over the roof. It appears that these stripes are attempts to fill in cracks in the roof.  The photo shows that the roof has broken off just along these stripes indicating that there were cracks underneath the stripes. Since there are stripes all over the tank roof, it is likely that there are cracks everywhere. If the entire roof is not replaced, more and more cracks will get wider and more and more sections of the roof will collapse as it  happened in Vijayanagar Central Storage Reservoir. The collapsed section of the roof needs to be covered immediately since the water coming from KRS still has a lot of sediment even after filtering and with sunlight streaming into the reservoir through the collapsed roof, there will be an explosion of algae population. This will in turn breed dangerous bacteria. Also, as it happened when the roof of the Vijayanagar CRS collapsed, pigeons will start nesting inside the reservoir and we will soon have dead pigeons in the water being supplied as drinking water to Mysoreans.

Dwarkanath Narayan, Mysore Grahakara Parishat 

(Earlier reports on Yadavagiri water reservoir 1, 2, 3)

Needless harassment of poor people

Countless people have obtained their ration cards by paying a fee of Rs. 60. Two months ago, the state government issued an advertisement in several leading newspapers stating that the data on cards issued before December 2010 have been destroyed and that the public who have such cards should again pay a fee of Rs. 50 and get their fingerprints taken again.

So the public is being penalized Rs. 50 for a mistake committed by the government. But it does not stop there. People who have gone to get their biometric data taken again have a whole list of complaints. First of all, they have to take all their family members along and the biometric data of all are being recorded again. Secondly, they have to take a witness who has a valid ration card (i.e., he has a card issued after December 2010 or he has gone throught this tedious procedure to get it revalidated) and this witness has to have his biometric data taken and matched with the data stored in the computer. If they do not match, a new witness has to be found. The witness has bring his Aadhaar card and the latest electric bill. If the queues are too long and if there is a power outage, the applicants are asked to come back the next day again with whole family and the witness. Where do we find witnesses who meet all these criteria and who are willing to waste a couple of days for someone else? We can not even have professional witnesses, since they have restricted persons to act as witness for only two others. The deadline for resubmission of biometric data was 31-3-13, but was extended because of elections. It is not clear what the new deadline is and people yet to revalidate their cards are in a state of high anxiety.

Why is the government yhus harassing people, that too mostly poor people?

G.L.Nagaraj Urs, Mysore Grahakara Parishat