Air India lies and gives lame excuses in US

Fined by US for sloppy website, AI defence: our employee died
Smita Aggarwal : New Delhi, Sat May 05 2012, 02:16 hrs
Air India has become the first airline to be penalised under new US rules enhancing protection for air travel consumers. By its own admission, that’s because it couldn’t update its website as the employee managing the site had died.
The US Transportation Department’s order dated May 3, imposing a $80,000 penalty on Air India, says the airline had failed to post contingency plans for lengthy tarmac delays and customer service plans, including fees for optional services, on its website on the date under consideration (August 23, 2011).
AI argued that it had uploaded its tarmac delay and customer service plans, but “these apparently did not properly appear due to a technical problem”.
The delay in “fixing” this was due to the “unfortunate and unexpected death of the employee responsible for making the changes”, AI argued during the mitigation proceedings.
The defence cut no ice with the US Transporation Department, which has directed the carrier to pay half of its $80,000 fine within a month.
Foreign carriers operating to the US with at least one aircraft of 30 or more seats are required to adopt contingency plans for lengthy tarmac delays as well as customer service plans, and to post these on their websites.
Ironically, AI has one of the world’s highest aircraft to manpower ratios of 1:230, against the norm of 1:115. It has also been grappling with problems of “rationalising” its staff that numbers over 38,000.
AI said it would seek “corrective” action by paying half the penalty and seeking a waiver on the rest. AI has 10 days to file a review petition.
http://www.indianexpress.com/news/fined-by-us-for-sloppy-website-ai-defence-our-employee-died/945661/
Comment: Air India ought to have been fined in our own country. Shame other nations have to do our job. Cheaters can never be winners!

Cabinet Approves 7% DA Hike

Friday, March 23, 2012
UNION CABINET APPROVED A PROPOSAL TO HIKE ADDITIONAL DEARNESS ALLOWANCE BY 7% FOR CENTRAL STAFF AND CENTRAL PENSIONERS...
In a good news for Central government employees, the government on Friday announced a seven per cent hike in the dearness allowance to compensate for the rise in prices of essential commodities. There will be an equal hike in dearness relief to pensioners.
The increased DA and DR will be applicable from January 1, 2012.
The hike approved by the Union Cabinet will take the DA from 58 to 65 per cent of the basic pay and pension.
The increase in DA and DR will cost the national exchequer Rs 7,474 crore annually, while for the remaining period of this fiscal and the next financial year, the implication would be Rs 8,720 crore.
The government had last effected a hike in DA and DR in September last year. The DA is revised every six months as it is linked with the consumer price index for industrial workers.
DA Hike Indian Express

Consumer Redressal Commission imposes Rs 10,000 fine on AWHO

Consumer body hints at ‘Adarsh-like scam’ in Army housing allotment in Panchkula
Rajni Shaleen Chopra,Rajni Shaleen Chopra Posted: Jan 08, 2012
Chandigarh Haryana Consumer Disputes Redressal Commission has taken a stern view of the irregularities in allotments by Army Welfare Housing Organisation (AWHO) at its residential project at Sector 20 in Panchkula, and has said that “if enquired into deeply, this may again turn out to be another scam like Adarsh Society at Bombay”.
In a recent order, the Commission had taken note of the lack of transparency by AWHO, and “violation of rules...to accommodate their own favourites”. President of the Commission Justice R S Madan and Judicial Member B M Bedi stated, “Though the organisation was created for the welfare of serving/retired defence personnel and was expected to act in a transparent manner...allotments have been made by adopting to a system of fixing security arbitrarily”.

The order was delivered following the appeal made by the Managing Director of AWHO, New Delhi and Col Satish Kumar, Project Director of the Sector 20 project, against the order of District Consumer Forum, Panchkula. The Forum had decided in favour of the complainant, Subedar Raj Kumar Dhingra (retd) of Sector 2, Panchkula.

The Commission dismissed the appeal filed with scathing remarks against AWHO, and imposed costs of Rs 10,000 on it.

Dhingra stated in his complaint that in June 2004, he registered for the AWHO housing scheme in Sector 20 by paying Rs 90,500. The seniority of applicants was to be determined on the basis of the date of bank draft given for the registration fee.

Dhingra was given a registration number and placed at Serial Number 15. In May 2009, AWHO informed him that his waitlist seniority was ‘1’. He was told to either seek transfer to the AWHO project in Panchkula’s Sector 27 or withdraw his registration, as all dwelling units had been allotted. Dhingra complained to AWHO in this regard, but did not get justice.

In June, AWHO again informed him that all dwelling units except one had been handed over. Dhingra told the court that this was contrary to their earlier letter.

In its reply, AWHO said the seniority of applicants was fixed by a local computerised draw in July 2004. In this, Dhingra’s seniority was 723 against the availability of 348 apartments. Dhingra was given the option of changing his registration from Sector 20 to Sector 27, Panchkula, but he did not agree. AWHO said that Dhingra was ranked ‘1’ on the waiting list but no apartment was available, hence there was no deficiency of service on its part.

After considering the case, the Commission said the AWHO rules did not prescribe for any computerised draw. “AWHO has not disclosed the date of draw, the officer under whose supervision it was held, the manner of the draw etc,” said the order.

The Commission further added: “One of the registrants against whom the complainant has a grievance (a Brigadier) was not even a member of the scheme till August 2004 while the complainant had registered in June 2004 and the draw was held in July 2004.” Hence, Dhingra was high up in the seniority list.

After considering other aspects of the case, the Commission observed that allotment was not done fairly by AWHO. The Commission upheld the order of the Forum that AWHO must allot a flat to Dhingra at Sector 20 or 27, Panchkula or at Sector 114 in Mohali at the same price.
Consumer body hints at ‘Adarsh-like scam’ in Army housing allotment in Panchkula

AWHO sets standards of low transparency

Allotment of Army Flats in Panchkula
Consumer panel sees Adarsh-like scam
Vijay Mohan/TNS Monday, January 2, 2012, Chandigarh, India
Chandigarh, January 1
Holding that the allotment of some dwelling units made by the Army Welfare Housing Organisation (AWHO) in its project at Sector 20, Panchkula, was in violation of rules, the State Consumer Disputes Redressal Commission has observed that the exercise was done “presumably with a view to accommodate favourites and everything does not appear to have been done in a transparent manner.”

Ruling that the system adopted to fix the seniority of applicants was arbitrary, the Commission held that if enquired into deeply “this may again turn out to be another scam like Adarsh Society at Mumbai.”

AWHO, the Commission observed, is an organisation created for the welfare of serving and retired defence personnel and expected to act in a transparent manner.

A resident of Sector 2, Panchkula, RK Dhingra had earlier moved the District Consumer Forum against the non-allotment of a flat in AWHO’s colony or failing which, in another similar project in Panchkula or Mohali. The forum had granted him relief following which the AWHO authorities appealed against the order before the commission, which dismissed the appeal.Dhingra’s prime grievance was that some senior officers who were much junior registrants in the scheme by virtue of their date of registration, were later placed higher in the waiting list. Dhingra, with registration number 98,248 was placed at serial number 15 in the waiting list, where as a Brigadier with registration number 1,04,727 was placed on top of the list.

The seniority in the list was to be determined on the basis of the date on the bank draft and allotment thereafter on the basis of a draw of lots.

The complainant, however, had been told by the AWHO authorities that he was the senior-most applicant on the waiting list. When he came to know that some allotments were made “illegally”, he approached the authorities and was told that his present position in the list was No. 1. He could either seek transfer or withdraw his registration as all dwelling units stood allotted and had been handed over.

On pointing out discrepancies, he was told that all but one unit had been handed over and formalities and paperwork were in process for the lone remaining unit.
AWHO: Consumer panel sees Adarsh-like scam

DA from July 2011

Expected DA from July 2011 is almost confirmed…
Nearly 7% percent increase is expected to be available for all central government employees from 1.7.2011, the existing rate of dearness allowance is 51%.
The total DA may change to 58% (51% + 7% = 58%).
AICPIN for the month of May – 2011 Labour Bureau, Government of India
Press Release
Consumer Price Index Numbers for Industrial Workers on Base 2001=100 CPI(IW) Base 2001=100 Monthly Index Letter – MAY 2011. APRIL 2011 – 186, MAY 2011 – 187
ALL INDIA CONSUMER PRICE INDEX NUMBERS FOR INDUSTRIAL WORKERS ON BASE 2001= 100 FOR THE MONTH OF MAY, 2011
1. All India Consumer Price Index Number for Industrial Workers (CPI-IW) on base 2001=100 for the month of May, 2011 increased by 1 point and stood at 187 (one hundred & eighty seven).
2. During May, 2011, the index recorded increase of 8 points in Ludhiana centre, 6 points in Nasik centre, 5 points each in Giridih, Mundakkayam and Sholapur centres, 4 points in 3 centres, 3 points in 4 centres, 2 points in 14 centres and 1 point in 18 centres. The index decreased by 4 points in Rangapara Tezpur centre, 3 points in Ghaziabad centre, 2 points in Guwahati centre, 1 point in 10 centres, while in the remaining 21 centres the index remained stationary.
3. The maximum increase of 8 points in Ludhiana centre is mainly on account of increase in the prices of Arhar Dal, Masur Dal, Mustard Oil, Vanaspati Ghee, Milk, Chillies Dry, Electricity Charges, Toilet Soap, Washing Soap, etc. The increase of 6 points in Nasik centre is due to increase in the prices of Wheat, Bajra, Chillies Dry, Vegetable & Fruit items, Petrol, etc. The increase of 5 points in Giridih, Mundakkayam and Sholapur centres is due to increase in the prices of Rice, Jowar, Vegetable & Fruit items, Tea (Readymade), Firewood, Soft Coke, Hair Oil, Washing Soap, etc. The decrease of 4 points in Rangapara Tezpur centre is the outcome of decrease in the prices of Wheat Atta, Fish Fresh, Turmeric Powder, Garlic, Vegetable & Fruit items, Pan Leaf, etc. The decrease of 3 points in Ghaziabad centre is due to decrease in the prices of Wheat Atta, Onion, Vegetable & Fruit items, etc. The decrease of 2 points in Guwahati centre is due to decrease in the prices of Wheat Atta, Vegetable & Fruit items, Pan Leaf, etc.
4. The indices in respect of the six major centres are as follows:

Ahmedabad – 180

Bangalore – 192

Chennai – 166

Delhi – 172

Kolkata – 181

Mumbai – 186
5. The All-India (General) point to point rate of inflation for the month of May, 2011 is 8.72% as compared to 9.41% in April, 2011. Inflation based on Food Index is 7.61% in May, 2011 as compared to 8.24% in April, 2011.
6. The CPI-IW for June, 2011 will be released on the last working day of the next month, i.e. 29th July, 2011.
Source: Expected DA from July 2011 is almost confirmed
Increase in Allowances
Consequent upon revision of rates of DA, w.e.f. 01 Jan 11, to 51%, the rates of the following Allowances / Grants will be enhanced by 25% as mentioned at extant orders on the subject... click here

Fake Pilots and Fake Passports- Is Air Travel Safe?

India may have 4000 'fake' pilots
NDTV Correspondent, Updated: March 14, 2011 00:23 IST
New Delhi: Just a few days after Parminder Kaur Gulati, a suspended pilot of Indigo airline, was arrested on charges of faking her marksheet to get a pilot licence, another arrest on the same grounds has been made. This time around, Captain J K Verma, a pilot of the national carrier Air India has been arrested.

"We have arrested Verma. Investigations are on. We have been provided more names by the Directorate General Civil Aviation (DGCA). The scanner is on two more pilots - Meenakshi Sehgal of Indigo and Swaran Singh Talwar of MDLR," a senior police official said.

It all began after Parminder Kaur Gulati was grounded two months ago for violating landing norms. The matter was then reported to the aviation watchdog, the DGCA. The airline watchdog admits there was a lapse, but says 4000 pilot licences are now under fresh scrutiny.

"In the wake of the fake pilot scare, licenses of 3,000 to 4,000 pilots are being scrutinised by the DGCA," said Civil Aviation secretary Nasim Zaidi.

To get a licence, a pilot has to clear three subjects. But in Gulati's case, a probe by the DGCA showed she couldn't clear two papers, so she allegedly forged the marksheets.
Read more at: Fake Pilots

MEA dishes out Fake Passports for a bribe
Chennai: The CBI unearthed a passport racket in Tamil Nadu being run allegedly in connivance with officials, arresting eight persons, including a woman officer. The accused, arrested in Madurai and Chennai, have been charged with issuing Tatkal passports based on forged and fake documents.

The investigating agency also recovered cash and other property to the tune of around Rs. 25 lakh from them. CBI teams conducted simultaneous surprise checks at the passport offices in Madurai and Chennai and arrested the officials and touts, a release of the agency said.
Read more at:
Chennai: CBI unearths fake passport racket, 8 held
How easy for terrorists to get a Indian Passport?
Honest Regional Passport Officer, Chennai, Sumathi Ravichandran arrested for taking Bribes- what is her status- a free bird?
Comment:
MEA staff in India and all over the world are the most corrupt. What message is SM Krishna sending to the World? MEA has participatory role in Terror activities. Should not the MEA staff be booked under "Anti- Terror Laws"?

Consumers Rights and Responsibilities

PIB 3:43 IST Dr. Sheetal Kapoor
24th December is an important day in the history of consumer movement in India as on this day the Consumer Protection Act, 1986 came into existence. Consumer Protection Act is considered as the Magna Carta for protecting consumer rights through establishment of advisory and adjudication authorities. This year the theme proposed by the Ministry of Consumer Affairs is “Consumers! Discharge your Responsibilities: Assert your Rights” which clearly means ‘there cannot be rights without responsibilities’.

Consumer Rights under Consumer Protection Act
Section 6 of the Consumer Protection Act clearly mentions the six rights available to the consumers. These are:

Right to Safety: To be protected against the sale of goods and services, which are spurious/ hazardous to life and property.

Right to information: To know the quality, quantity, weight and the price of goods/services being paid for, so that one is not cheated by unfair trade practices.

Right to Choose: To be assured, wherever possible, access to a variety of goods and services at competitive prices.

Right to be heard: To be heard and to be assured that the interest would receive due consideration at appropriate fora.

Right to Seek Redressal: To seek legal redressal against unfair or restrictive trade practices or unscrupulous exploitation of consumers.

Right to Consumer Education: To have access to consumer education.

Gandhiji in the light of the above rightly said “A customer is the most important visitor on our premises. He is not dependent on us. We are dependent on him. He is not an interruption in our work - he is the purpose of it. We are not doing him a favour by serving him. He is doing us a favour by giving us the opportunity to serve him.”

Having examined the consumer rights and the purpose served by them, it is necessary to consider whether consumers should also be responsible enough to be entitled to exercise their rights. For instance, to be able to exercise their right to be heard, consumers should avail of the opportunities to know and be informed about consumer problems. To exercise their right to seek redressal of complaints, consumers must take all precautions to choose the right goods at the right price and learn how to use the products to prevent injury or loss. Some of the consumer problems can be avoided if we act responsibly.

Before Buying
As a responsible consumer we should plan our purchases in advance so that we get the right value for our money. We should try to enquire about the past performance of a product/ service and also try to find out the reputation of the producer/ seller/ service provider. Thus, self-help is the biggest tool in the hands of the consumers and they should make an informed choice. In this regard we can make use of comparative testing reports as published by voluntary consumer organizations such as, Voice and CERC for getting reliable and unbiased information about various brands which have been tested at various government approved laboratories.

While Buying
Consumers should collect information from various dealers regarding price and quality before purchasing products such as, cars, refrigerators, computers, etc. The proof of purchase and documents relating to purchase of durable goods should be obtained and preserved. It is important to get a cash memo with serial number, address and phone number to register a complaint, in a consumer courts, regarding defective product or deficiency in service. Similarly, durable consumer goods like TV, refrigerator, etc. carry warranty /guarantee cards issued by the dealers. The cards entitle the consumers to get the service for repairs and replacement of parts free of cost for a certain period after the purchase. Consumers should never sign a contract without first reading it. They should never sign a blank contract that a salesperson says will be completed later. If there is anything they do not understand, they can insist that it should be explained to them.

After Purchase
It is the responsibility of the consumer to use the product as per instructions given in the user manual. Further receipts, guarantee cards, terms of contract (photocopies), should be kept safely. In case of fault the dealer or the service center should be informed. Consumers should not meddle with the products themselves and should keep records for all correspondences and file them. Some consumers, especially during the guarantee period, make rough use of the product, thinking that it will be replaced during the guarantee period. This is not fair on their part. They should always use the products properly.

Besides the above responsibilities, consumers should be conscious of some other responsibilities. They should stick to the agreement made with manufacturers, traders and service providers. They should make timely payment in case of credit purchases. They should remember that they can exercise their rights only when they are willing to fulfill their responsibilities. As a dutiful consumer we should reduce waste, reuse and recycle products and think in terms of sustainable consumption. Thus, on the National Consumer Day we should be proud that we have rights but also should discharge our responsibilities. (PIB Features)
*Associate Professor, Kamala Nehru College, University of Delhi
Disclaimer : The views expressed by the author in this feature are entirely her own and do not necessarily reflect the views of PIB. RTS/VN
SS-192/SF-192/22.12.2010
“Consumers! Discharge your Responsibilities : Assert your Rights”

Do Military Welfare Organisations come under the ambit of Consumer Protection Act?

Impact of Consumer Protection Act becoming Perceptible: Prof. Thomas
Thursday, December 23, 2010 17:33 IST
The impact of Consumer Protection Act is now perceptible in the operations of providers of goods and services. This was stated by Prof. K.V. Thomas, Minister of State for Agriculture, Consumer Affairs, Food and Public Distribution while inaugurating the National Consumer Day function here today.

The Minister said “In the Government and Public Sector we now see several Regulators, Ombudsman and grievance redressal mechanism in place, we can also discern the operation of consumer grievance redressal system in the private sector. This, to my view, is due to the proactive approach adopted in the Consumer Protection Act, by bringing the consumer rights in the forefront.”

Prof. Thomas said, “In India it is not the legislative measures that are lacking in providing the consumer with the mechanism or the enabling environment for protecting their rights. The challenge is in the strengthening of the administrative mechanism in implementing such measures. This can be achieved by striking a balance between the health of the economy and that of the consumers.” He said, the responsibility lies on the stakeholders, in particular the government and VCOs to crate awareness about the existence of the redressal mechanism and laws protecting consumer interests. This will not only empower the consumers, but also smoothen the process of policy implementation, the Minister stressed.

On the consumer responsibility which is this year’s theme of National Consumer Day, The Minister said that introduction of consumer responsibility should have a salutary impact on the growing market economy in India as well as on its environment. Prof. Thomas asked the higher income groups to work towards environment protection as they are in a good position to influence the other sections of the population.

Secretary, Department of Consumer Affairs, Shri Rajiv Agarwal in his address stressed on the need for concerted efforts by all the stakeholders for educating the consumers. He said, Government has taken up a number of activities and schemes for creating consumer awareness in the country. The ‘Jago Grahak Jago’ slogan is now well known for informing the common man of his rights as consumer.

President, National Consumer Disputes Redressal Commission, Mr. Justice Ashok Bhan, in his key note address, said that it is possible to bring down the pendency of consumer dispute cases to zero level if proper infrastructure and logistical support is provided to dispute redressal machinery. MP:SB:CP: consumer day (23.12.2010)
Impact of Consumer Protection Act becoming Perceptible: Prof. Thomas
Question: Do Military Welfare Organisations (like AWHO, AWES, CSD, AWWA etc) come under the purview of Consumer Protection Act?

AWHO cheats and fails to pay penalty imposed by the State Consumer Commission

Dear friends,
This is to acquaint you with the latest development in the case regarding shortfall in the area of flats being provided by AWHO.
Many of you be aware of the fact that the actual size of the flats being built by the AWHO is smaller than what is mentioned in the documents. This is done by a simple stratagem – the entire area (100%) of the balconies is included in the covered area (also called super area) of the flat. The AWHO sometimes calls it plinth area, which is actually less than the super area, which includes common areas such as ventilation. In Devinder Vihar, Sector 56, Gurgaon, where I was allotted a Economy B type flat, the Technical Brochure shows the Plinth Area as 1442 Sq ft. In the Possession Certificate, the Super Area was mentioned as 1412 Sq ft. In the conveyance deed neither ‘plinth’ or ‘super’ are used - it just mentions that the area is 1412 Sq. ft.
I measured the actual sizes of all rooms and found that there is a difference between the figures given by AWHO and the actual dimensions. There was considerable difference, since AWHO had counted 100% of the balconies area in the plinth area instead of 50%, as given in E-in-C’s Technical Instruction No. 13 of 1970. In fact, all builders, including the AFNHB, include only 50%.
I had filed a case in 2003 in the Delhi State Consumer Commission against the AWHO for the shortfall in the covered area. Using the RTI Act, 2005, I was able to get the sanctioned building plans and other documents from the Haryana Urban Development Authority (HUDA), which confirmed that the covered area is just 1269 sq. ft. There is thus a shortfall of 144 sq. ft. or more than 10%. After this was produced in the State Commission, in a judgment delivered on 20/01/2009, the Commission ordered the AWHO to refund Rs 25,000 for the shortfall, in addition to a penalty of Rs 50,000. The AWHO did not comply with the order. More than six months after this, it filed an appeal in the National Consumer Commission. Since the time limit of 30 days was over, it forged the date. Copies of the order were issued to both parties on 25/3/2009. The figure 3 was altered to look like 8, and the date became 25/8/2009. This was confirmed by State Commission in response to an RTI application, and was brought to the notice of the National Commission. The final hearing in the National Commission was held on 29/7/ 2010. However, for some reason the order was reserved. After several visits to the National Commission, I got fed up and filed an RTI application on 11/11/ 2010. Soon after this, the National Commission issued an order. It set aside the judgment of the State Commission. It made no mention of the forgery committed buy the AWHO.
In case the National Commission had upheld the order of the State Commission, this would resulted in similar cases filed by thousands of other allottees who have purchased flats from the AWHO, which would have had to pay crores of rupees as compensation. This was submitted by the counsel for AWHO in the State Commission, which was initially inclined to ask the AWHO to pay the cost of the proportionate short fall (10%), which was coming to about Rs. 1 lac. After this submission, it modified its order and reduced the compensation to 25,000. The same reason was submitted by the counsel for AWHO in the National Commission also. Naturally, the AWHO would go to any extend to avoid this. I have a feeling that AWHO has managed to do this using unfair means. After the recent comments of Supreme Court regarding ‘uncle judges’ in the Allahabad High Court and the submission filed by Shanti Bhushan naming corrupt judges even in the Supreme Court, nothing can be disbelieved.
I intend filing a review petition in the National Commission itself, but I have doubts if it will bear any fruit. The answer lies in filing a petition in the Supreme Court. As you may be aware, I am already fighting several cases in the lower courts and the High Court stemming from the cases filed against me by CBI, at the behest of RAW. This was the result of my book INDIA’S EXTERNAL INTELLIGENCE – SECRETS OF THE RESEARCH AND ANALAYSIS WING (RAW)/, which exposed corruption in the intelligence agency. I have neither the energy nor the resources to take on the litigation in the Supreme Court against AWHO on my own. I would request others who have the time, energy and resources to take it on. Perhaps we can all contribute and hire a good lawyer to do this for us, as is being done for the OROP and disability pension cases.
Maj Gen VK Singh (Retd)
AWHO Demystified
Is there any Veteran Organisation which can take on the AWHO to fight for the legitimate rights and welfare of its members?

Toll Free Helpline will enable ESM resolve issues

PIB: Friday, October 29, 2010 15:11 IST
The National Consumer Helpline (NCH) has recorded 6887 calls during September 2010. The maximum number of calls were received from Delhi followed by Uttar Pradesh, Maharashtra, Haryana and Rajasthan. Uttar Pradesh, Haryana, Gujarat, West Bengal and Madhya Pradesh have recorded an increase in complaints.
Break-up of calls in respect of top five States is as under:

Of the total calls/complaints, 18.67% relate to telecom sector. Other sectors/areas on which calls were received include banking (6.65%), insurance (4.10%) and LPG (4.10%).
As per feedback received from the callers, 329 complaints were resolved.
Consumers from across the country can access the toll free National Consumer Help Line No. 1800-11-4000 and seek telephonic counseling for consumer related problems faced by them. The Consumer Helpline which was launched in March, 2005 is instrumental in guiding consumers and resolving their problems. MP:SB:CP:helpline (29.10.2010)
Statistics National Consumer Helpline

Expected Dearness Allowance from July 2010 for Central Government Employees

The second installment for this year (2010) of Dearness Allowance (DA) is awaited with lots of expectation as the prices of essential commodities skyrocket...

The main expectation among lakhs of Central Government Employees will be announcement of the next additional installment of Dearness Allowance (DA) for this year July 2010. The reasons are many:
Employees getting only 3% annual increment for one year and those who are getting promotion, they are also getting only Grade Pay difference + 3% annual increment after waiting for several years. But nowadays employees are getting Dearness allowance percentage much more than annual increment due to coverall consumer commodities price increases.

Dearness Allowance is an essential component of salary, it is based on monthly All India Consumer Price Index for Industrial Workers (Base year 2001-100) announced by the Labour Bureau – Government of India from time to time. After 6th CPC only the Government directed that the Dearness Allowance has to be calculated based on AICPIN with the base year 2001-100.

Dearness Allowance (DA) from Jan-2010 to Jun-2010 should be 8% with appropriate proof. Some had doubt about this, but the Government accepted and the 8% Dearness Allowance (DA) was announced (19.03.2010) from Jan-2010.

As of now, the situation demands increase in Dearness Allowance (DA) from Jul-2010 to Dec-2010 should be 44% and it will be confirmed only when the All India Consumer Price Index (AICPIN) for May and June to be published. But when the index value 170 decreases to 165 or lower for the next two months, the Dearness Allowance (DA) will be 8%. If it increases from 170 to 173 and above, there is a chance that the Dearness Allowance (DA) shoots up to 10%. Till now, we can conclude that additional Dearness Allowance (DA) will be 9% because there is no relief in the prices of essential commodities. But the Government will be strictly monitoring the situation and control prices that the AICPIN (All India Consumer Price Index Number for Industrial Workers (CPI-IW) on base 2001=100) value doesn’t go up.

In the next year, when DA crosses 50%, all allowances will get a hike up to 25% as per the 6th CPC recommendations. This will bring some relief to the employees. The Pensioners, State Government employees and who are all getting pay as per 5th CPC also looks forward eagerly awaiting the announcement of increase in Dearness Allowance (DA). One needs to wait for this announcement expected after two months.
Expected Dearness Allowance from July-2010
Blog Post
DA rates 1986 to Jan 2010

Empowering the National Consumer and Redressal Commission

Friday, May 21, 2010
Creation of two additional posts of Members in the National Consumer Disputes Redressal Commission (National Commission) approved

The Union Cabinet today approved the proposal of creation of two additional posts of Members in the National Commission, one from judicial background and one from non-judicial background for the establishment of one additional Bench for a period of five years. This would not only enable early clearance of backlog of cases pending before the National Commission but also help bring about speedier disposal of fresh cases received in the National Commission.

Under the Consumer Protection Act, 1986, a three-tier Consumer Disputes Redressal machinery has been established in the country with the `National Consumer Disputes Redressal Commission’ (NCDRC) popularly known as the `National Commission’, as the apex body at national level, State Commissions below it at State/Union Territory level and District Fora at the district level.

At present, the National Commission consists of the President and nine other Members, with five Benches set up in the Commission with a disposal of almost 88% of the cases.

The National Commission has been receiving around 450 fresh cases each month and the rate of disposal is 600 cases each month. Going by the present rate of disposal with the existing strength, the existing backlog of nearly 8000 cases can be cleared earliest by another four and a half years. NCDRC is also presently not in a position to fully dispose of cases within the time norms mentioned in the Consumer Protection Act. ****SH/LV/SKS
Creation of two additional posts of Members in the National Consumer Disputes Redressal Commission (National Commission) approved

Question
I injured my knee in a game of football on 31st December 1997. It was diagnosed as ACL TEAR. For that I was operated upon in the knee on 2nd March 1998. After the operation my knee developed stiffness, which is unusual in such cases even after undergoing physiotherapy for two months I was unable to bend or straighten my knee. So after two months of operation my knee was manipulated under anesthesia to relieve stiffness. A plaster was put on the knee for one month. I was told to start walking . I used to walk with a limp. For about 8 months I continued to walk with a limp but then my condition deteriorated & in March-99 I had to start using crutches to move around. To find out the cause of this pain I underwent investigative arthoscopy in June-99 which revealed the following 1. ACL Laxity 2. meniscus tear 3. patellofemoral osteoarthritis . I was advised by the doctor to do physiotherapy, and take painkillers for the pain, I am still doing physiotherapy, but neither the pain has reduced nor am I able to walk without crutches, this whole experience has affected my life badly. Can I sue the doctors for negligence / inefficiency. My both operations were carried out in military hospitals, and they were done free of cost since I am serving in army. So I can not go to Consumer protection court. Please advise?.
Answer
You can file a writ petition in the High Court of judicature against the hospital, making doctors responsible for your condition a party. You can also seek damages alongwith the appropriate action against the doctors and the management in the writ petition.
To read more of Sample Questions and Answers on consumer protection- click here

Do Indian Military Welfare Organisations like ECHS, CSD, AWWA, AWHO, AWES and the rest come under the Indian Consumer Protection Act and do they exhibit transparency in their functioning?
Click here for present status and views on Army Welfare Organisations
Can we tune up the Military Welfare Organisations?
Major D S Bisht (Retd) was commissioned into 7th Battalion, The Jat Regiment on 30 Jun 1963. Presently, he is working for Central Himalayan Institute at Dehradun which has been established to undertake studies for good governance and development to strengthen national security. His essay is thought provoking and if his suggestions are implemented it is bound to improve the morale of serving Jawans and the ESM.
Journal of the United Service Institution of India, Vol. CXXXVIII, No. 573, July-September 2008.
Welfare of Armed Forces Personnel by Major D S Bisht (Retd)

Rights of the CSD customer

YOU CAN DEMAND:

Testing of all consumer durables including electrical appliances, in your presence, and to your satisfaction.

Guarantee cards duly filled, signed and stamped by the unit-run-canteen (URC).

Replacement of faulty products within warranty period.

Proper and efficient after-sales service and CSD’s intervention in case of complaints.

Food articles with adequate shelf-life.

Consumer promotion schemes as applicable.

To see Pictorial Price-List and Monthly Bulletins, published by the CSD.

Information on availability of items Against-Firm-Demand (AFD), like automobiles, televisions, refrigerators, and washing machines.

Appointment of dealers for AFD items in your town, if it has a major concentration of entitled CSD customers, and if such dealers exist in the civil market.

Visit to the CSD Area Depot once a month on a date fixed by the Station Commander.
If You Want Know More Details Click The Link: CSD India

Comment: What about return of items and refunds? What about advances paid for AFD items. Why order cannot be cancelled and refunds received immediately?

Bangalore Army CSD Canteen engulfed in flames

Fire in Bangalore’s Military Canteen; no casualties
by nishal lama 23. March 2010
A massive fire engulfed the second floor of the Army canteen on M.G. Road at Trinity Circle in Bangalore today afternoon. Cause of the fire is yet to confirmed, but there were rumors that the presence of liquor bottles aggravated the fire that broke at 4:10 pm today afternoon. Authorities, however, negate the rumor. Speaking about the incident, Police Commissioner Shankar Bidari said, “The cause of the fire will be found only after a thorough examination of the place. For now, we will have to lodge a complain of an accidental fire at the Ulsoor Police Station. He added, “There were no liquor bottles found, so it wasn’t the liquor that aggravated the situation.”

The blaze occurred at the second floor of the CSD building, which was believed to have been packed with a lot of inflammatory objects. “There were a lot of inflammable objects, like plastics and other paper-made objects, in the room, which is why there was major loss of property,” said Bidari. He adds: “There are no casualties and no injured persons. All are safe, and the fire is well under control now.”

24 fire tenders were rushed to the spot to douse the fire, and the authorities now prefer to wait till they start off with their examination to know the cause of the fire. “We will have to wait till as time the accurate cause is been found out. Once we find the cause, we can then take the necessary action, but, we will have to wait till the examination gets over for that,” said Bidari. He added, “All senior fire officials were here and things were taken under control very quickly.”
Fire in Bangalore’s Military Canteen; no casualties
Related story:
Some furniture, including over 100 chairs, in the building were damaged, according to R. Natraj, director, Fire and Rescue Services.
Fire in defence godown: Fort St George, Chennai

CSD: Need to check default and degradation of services

Extension of free gift schemes to CSD consumers and a need to check default.
Many a times, service- members and veterans end up buying consumer goods from the open market because of the reason that certain offers and free gift schemes are not made available to CSD customers. Some of our people also believe that such schemes are not ‘legally’ not meant to be extended to CSD consumers.

This is however an unfair trade practice by suppliers and dealers. If a gift scheme is offered by a supplier in the open market to all consumers and is not only a local arrangement by a particular dealer, it is bound to be extended to the CSD too. Entitled personnel should make it a point to survey the market first and demand gift schemes from the concerned dealers if the same are being extended to customers other than CSD consumers. In case of default, the same may be immediately reported to the following address :

Customer Service Cell
c/o DGM (MS)
Canteen Stores Department
‘Adelphi’, 119, M K Road
Mumbai – 400 020

Posted by Maj Navdeep Singh

Comment: The consumer/ household goods sold in CSD are obsolete models and many are of poor quality (example cell phone chargers which are a decade old and not compatible with latest cell phone models are being flooded in CSD canteens). Therefore, it is advisable not to buy electrical and household gadgets from CSD as they are likely to be out- dated models. Chroma a Tata Venture a consumer friendly outlet has the best quality and latest household products at very reasonable rates.
Please Check out this webpage: Tata Chroma Retail

CSD Canteens are money spinners
Many formations and units have crores and lakhs of Rupees in Banks spinning even more interest. What is the earthly use of earning so much profits if it cannot be utilized prudently for implementing measures to improve quality of life of serving soldiers and veterans or creating permanent assets to enhance the image of the Armed Forces? The canteen staff are paid peanuts and in few cases the civilian staff are paid by dishing out liquor to compensate low wages! Is this the image the Military should create and spread among civilians?
Truly the Mission Statement of CSD needs to be suitable revised as "Money Spinners" serving no worthwhile cause or purpose (in fact profits generated are grossly misused for other than intended purposes). The CSD ideally should be run on "no profit no loss" basis. This truly will be service oriented.

Indians among most corrupt while doing business abroad: TII

23 Sep 2009, 2200 hrs IST, PTI
NEW DELHI: At least 30 per cent of 2,742 business executives surveyed across the world regard Indians among the most corrupt when doing business abroad to "speed things up", according to a report by an NGO Transparency International India (TII) here.

"The Global Corruption Report 2009: Corruption and the Private Sector (GCR)" which was released today worldwide claims that Indian and Chinese companies play an active role in global business but engage in "bribery" when doing business abroad.

The Competition Act enacted in 2002 which promotes and sustains competition in markets and protects the interest of consumers has remained a non-starter in India, as per the report.

"A minimum of 100 senior executives each in 26 countries were questioned regarding the practices used by business persons from various nations," it says.

"TII has had some measure of success with public sector firms with the use of Integrity Pact, a tool to check corruption in procurement and tendering. We have not been able to generate similar interest among the private sector yet," says TII chairman RH Tahiliani in a statement.

Another concern the report addresses is how the sheer economic power of some firms and business sectors translates into disproportionate and undue leverage on political-decision making.

"Companies have no clear cut guideline on regulating and making transparent political contributions. Corporates report high-level strategic commitments to anti-corruption but they do not always report on the necessary support systems required to meet these commitments," says Anupama Jha, executive director of TII.

The report also points out that half of international business executives polled estimated that corruption raised project costs by at least 10 per cent.

"Ultimately it is citizens who pay: consumers around the world were overcharged around US $300 billion through almost 300 private international cartels discovered from 1990 to 2005," she adds.
Indians among most corrupt while doing business abroad: TII

Consumer Protection Law: Deficiency in Services

An average subscriber generally pays his bills regularly. If for any reason he defaults, he pays a surcharge for late payment. But what if he receives a hefty bill for calls that he has not made and which, he believes, are excessively high. To his utter dismay, the bill also contains a warning in red letters that if the bill is not paid by the prescribed date, the phone will be disconnected without any notice. And this threat is usually enforced. But he has no means to prove that he has not used his telephone to the extent indicated in the bill. For, one of the unique and, perhaps, the most unfortunate features of this service is that, unlike electricity or water meters that are installed in the premises of the consumer, the telephone meter is installed elsewhere away for the gaze or access of the consumer. So he has no means of knowing the mistake beforehand and he has to suffer for a mistake that he has not done. In such a case, then what are the remedies available to such a consumer? Whether he has rights to raise his voice against the exorbitant bill or he has no way except to pay the amount by any means and get ii done away with.

We have seen the evolution of law in the field of Deficiency in Service with respect to Telecom Services with a special emphasis on inflated billing. The purpose is that the citizens should not feel cheated and helpless when such a thing happens. He should know his rights and must use them against injustice done to him.

For the same purpose, the government has launched the Jago Grahak Jago Abhiyaan in order to sensitize the citizens specially the consumers of different goods and services of their rights. Such a move is highly appreciated and it is sincerely believed that it goes a long way in enlightening the citizens specially consumers.
Read more:
Deficiency in Telephone Services
Consumer Protection Law
How to file a consumer complaint?
National Consumer Disputes Redressal Commission

Military Welfare Organisations
Oftentimes products and items purchased form CSD (I), unit run canteens are defective, poor quality, shelf- life expired items. The consumers need protection against spurious, sub- standard and rejected products palmed off to the CSD (I) at reduced wholesale, bulk and retail rates. The aim of CSD (I) is to reap in greater volume of profits. Similarly AWHO palms off sub- standard housing to the Defence Personnel. The main culprits are the contractors who reduce the quality of work at every stage.
Defence personnel need protection against all such exploitation by profit generating organisations whose aim to "serve" has been replaced to "generate huge volume of profits". The Consumer Protection Law must be applicable to all Military Welfare Organisations. There should be provision for return of products and instant cash refund on products, in all CSD (I) unit run Canteens and similarly adequate compensation for poor quality houses delivered by AWHO.

CSD India: The travails and torment of ESM

Date: Tuesday, 28 July, 2009, 11:09 PM
My dear Brig Kamboj,
I wonder whether you have experienced any problems while trying to buy high value items like cars, refrigerator, Microwave, Washing machine etc.from our Canteen.
My experience is, bad. My reasons:
1. When I want to buy a car I like, it is invariably not yet approved by the CSD in Bombay. ie. price not yet determined. By the time this process is over the car becomes an older model. This process goes on for ever and for every item.
2. Buying an item from the main CSD Depot is another great pain. First of all you have to complete an application form normally not easily available. Having obtained the form you have to declare that the same item has not been purchased by the buyer in the last two years. Does that mean one cannot buy two at the same time? I am now trying to build another room and a small study as I am expecting guests. (Not paying) I cannot buy 2 ACs. Is that the situation now?
3. Ok, having gone 12 Kilometers to the Station Hq for obtaining the SSO's signature (who is supposed to state that I am what I am and that I am a genuine buyer) one is required to go to the CSD DEPOT. There normally there is a crowd running here and there to find out the dealing clerk, and then you are asked to stand in a Queue.
4. The scrutiny of the application and the comparison of your ID with your present MUG takes quite some time. At the age of 82 you are not likely to look exactly like when you were 60. Finally after accepting the Demand Draft an order to supply the item is laboriously typed by the clerk, with instructions to take the form to the dealer who is normally another 10 to 20 KMs away.
5. And when you reach there and if it is not their lunch time you are asked to sign on two places. One is to check whether the signature tallies with what is there in the supply order and the other is to sign for "Having received the item in GOOD condition and that I have no complaints."
6 On getting that signature he tells us that the item can be collected when they will call you on phone!. They will also recommend a company to install it for which payment has to be made. The wiring etc should be got ready before the nominated person arrives to install it. When I questioned him regarding possibilities of the machine not working properly, he says "Not to worry Sir, the manufacturer will come and set it right as there is a year guarantee. Why then did you want me to sign earlier that it is in good condition and so on, he answers that is for the purpose of getting the cash from CSD!.

I am 82. Do you think it is possible for me to go through all these obstacles. When I asked the Canteen manager as to why the master card is not even seen by them. He said this is our PROCEDURE...
I feel this matter needs to be looked into. If the govt gives us some privileges let them give it gracefully, of course making sure of the identity of the buyer. Why cant they lay down a formula by which an entitled buyer shows his Smart card and choose what he likes from the approved items (Only High value items like car and so on) The present system of buying groceries and so on can carry on as now.
I once bought a godrej refrigerator and I found a huge hole at the back of the refrigerator due to rust. The one year was over. But when I called Godrej, they quietly replaced the entire sheet as they realised that the material was faulty. Even after the guarantee period was over. But Whirpool refused to do so even though the body was becoming rusty on powder coated surface. I got it repainted paying Rs 900.
What should we do to improve this? Can we do a brainstorming session and suggest something new? I forgot to mention that the CSD DEPOT insists on DD from the nationalised Banks. I told the manager that only bank which is truly national is RESERVE bank of India. The manager then accepted the KVB draft!.
Brig Seshadri (Retd)

High Value Items in CSD India
1. The models offered are vintage (nearly 2 years old). Products invariably do not have any star rating.
3. AC's, two wheelers, fridge are most sought after and it is evident that there is a racket operating between touts ESM and Civilian staff at the CSD Depots where one has to deal for getting the product. This is obvious from the crowds milling around the counters.
4. The brands that are generally available are those that do not sell in the civilian market.
5. Once the demand draft is paid the product is not delivered for long periods sometimes as long as a month. There is no provision to cancel the order and obtain refund instantly, which is against all norms and ethics.
6. The CSD (I) follows the bureaucratic standards of inefficiency and discourtesy. While there is some reforms taking place at Government level with the advent of RTI. There is no such provision in the charter of CSD.
7. The rules in vogue are antique niether of digital nor analogue world. There is absolutely no consumer protection against defective and poor quality products. Most electrical products do not pass ISI norms. CFT energy saving bulbs have no guarantee, whereas if purchased from civil market there is one year guarantee.
8. The nexus between the CSD (I), Politicians, MNC's, Manufacturers is so closely looped that it is difficult to redeem the situation in the near future. The situation and services are likely to further deteriorate! The ESM and MOD are mute spectators!
9. Mission Statement of CSD(I) should be replaced to read: Spin in crores of Rupees Profit by any means at the expense of Armed Forces Personnel, Serving as well as retired. Plough back profits for "Troops Welfare" (which in reality is draining it in a black hole).
Media Report
CSD(I)- Service to the Services: 2008
MoD diverting welfare funds: "irregular diversion" of canteen profits: 1998

Reduce corruption to reduce terror attacks

Government officers complain that they cannot help prevent corruption because the public is forcing it on them, doctors complain that they cannot help prescribing coslty medicines because only then their patients believe that they are being treated well. No doubt these are genuine complaints. There are a handful of people in this society who really want corruption to exist and doctors to prescribe costly medicines because they can afford it. But the important thing for us to take cognisance of the fact that the majority who bribe are those who cannot afford it and are forced to it by the majority of bribe takers. At the end of the day let us accept that it has become an accepted evil like dowry. But that doesn't still mean that the majority would not like to see it being wiped out. And it doesn't need any magical wand to do it.

It only needs our police and courts (including the quasi judicial bodies) to be made efficient and accountable. Unfortunately these have been rated the most corrupt and the second most corupt organisations in India today. And the law-makers are not even talking of making them accountable. In the case of the judiciary even a bill for including the executive in the process for appointing judges to high courts and supreme court is hanging fire for so many years now. And appointing judges is no deal when compared to the onus of making them deliver justice. I shall just quote two examples to prove how wayward out judiciary is.

1. In Jancy Joseph Vs Union of India (1999 (1) KLT 422), the question of applicability of Section 56 of the Civil Procedure Code while ordering arrests under the provisions of Section 27 of the Consumer Protection Act was considered by the Kerala High Court. Under Section 56 of the CPC,'the court shall not order arrest or detention in the civil prison of a woman in execution of a decree for payment of money; regarding recovery of money from others, arrest can be ordered if it is found that the person concerned have means to pay'.

The judge had ruled that 'I quash Ext P5 in so far as it holds that woman can be arrested for recovery of money under Sec 27 of the (Consumer Protection) Act and that means of judgement debtor need not be considered when the power under S 27 is exercised for recovery of money'. (Note: here the supposedly learned judge is NOT applying an exisitng law, he is making ONE!)

2. Subsequently, in Mary Chacko vs Jancy Joseph (2005 (3) KLT 925), a division bench headed by the then CJ of Kerala considered the issue of the applicability of the same Sec 56 of CPC while enforcing the orders under Recovery of Debts Due to Banks and Financial Institutions Act 1993 and ordered that women CAN be arrested because 'there is a clear basis for treating the public dues different from the purely private'. Now this raises a genuine doubt whether the Constitution of India, by which all these luminaries swear by, mention anywhere that justice should be denied to individual citizens? As I see it, or as any man in his senses would see it, it is a big NO! Doesn't it suggest that these people read the Preamble to the Constitution every time they opened a case file? As well as the Gandhi Talisman for added effect?

It was recently reported in the press that a division bench of the apex court had ruled against judges making laws instead of just interpreting them. Also, in a recent case filed in the District Court here by the wife of an advocate against her husband, the advocate literally argued that it would be shame for him to appear before that court and he got an advocate commission appointed to hear the case! And it was also reported in the media that the High Court of Kerala had said that it had refrained from directing the Chief Secretary of the State to appear in person because it did not want to insult him! And that in nutshell sums up the state of our justice delivery system. Can we hope to do anything unless this system is overhauled?

The Right to Information Act had actually opened a window of opportunity to set the system right, But the lawmakers dug the first nail on the coffin of the Act by appointing only those persons whom it could identify as potential murders of the Act as information commissioners- the watch dog for implementation of the Act. And between the information commissions and the judiciary, they are vying with each other to dig the last nail in! Today the information commissions are in the same state where the judicary has landed in 60 years. Dr Abdul Kalam when he was the President asked: why is it that all the undertrials in our prisons are from the marginalised sections of the society? (And all the scams that are being reported in the media involve the politician-bureaucrat nexus!). Today we may ask in the context of RTI Act: why is it that only PIOs of lowest level public authorities have been fined while the law provides for fining the PIOs of all the public authorities if they fail to give satisfactory reply within 30 days of the application?

There are moves a foot to amend the RTI Act. The publicised reasons are of course to make it more user friendly. But going by the history of the Consumer Protection Act we can rest assured that the last nail on the coffin of the Act will be dug by these amendments.

Maj PM Ravindran (Retd)