Wednesday, February 12, 2014
Electricity Tribunal Dances to His Masters Tune ..... Public interest be Damned
IRONIC ..... UNDUE HASTE ....... STAKE HOLDERS IGNORED ..... OR IS IT APTEL OVERREACH
.....the Appellate Tribunal has directed DERC not to cancel DISCOMs Licence. HOW COZY ..... and pray WHY DID THE ORDER COME ABOUT IN ONE HEARING FLAT ...... and a STAY GRANTED ..... how often have Social Activists seen that happen.
The threats the DISCOMs and NTPC jugal bandi have given to Delhites is none of APTELs concern. When the elected Govt. choses to strike as per the Law on Public Demand ...... we have the full ORCHESTRA playing with APTEL, DERC, NTPC, DISCOMs putting up a command performance.
WE THE CONSUMERS ARE THE STAKEHOLDERS and APTEL had to take our views too ....... we are not willing to be BLACKMAILED.
What kind of Justice is this, Delhites pay their Bills and the Money collected does not reach the GENCOS then who is at fault .....
DERC in 2009 had taken a firm view then ..... and I was part of the Stake Holders who had then asked DERC to throw out the DISCOMs as they have no business defaulting and holding citizens to RANSOM. It is a part of record when we had demanded, hand the distribution to the ARMY for a while and look for a new set of DISCOMS through open Tenders.
DERC had at that time imposed a penalty on the DISCOMS and they behaved for a few years. In 2011 they again defaulted and Shiela Dikshit rewarded them with a 550cr bailout package despite public outcry.
THE ESTABLISHED LEGAL PROCEDURES ARE FAST BECOMMING A SHIELD FOR THOSE IN THE WRONG TO DELAY AND/OR FRUSTRATE EFFORTS TO GIVE RELIEF TO THE AGRIEVED.
DERC and APTEL .... they both have disappointed citizens ..... AND YES DERC HAS NOT FULFILED ITS MANDATE .... had DERC been working for citizens and as per Mandate then by 2007 DELHI would have ended MONOPOLY of DISCOMS ..... and the threats we face today are a direct result of DERC members being Political Appointees.
For once we have someone on our side, listening to us ..... but then its a Minority Govt. ..... does that count ..... :)
Warm Regards,
Rajiv Kakria
|
Monday, February 10, 2014
Is your housing society holding elections?
Is your housing society holding elections?
If not, here are your rights and the things you need to know to challenge the position held by members
SAKINA BABWANI
Girish Shah has been the general secretary of a housing society in Mumbai’s western suburbs for the past eight years. Though he has been managing the society’s affairs, there is a simmering discontent among the residents against him. “He has not conducted fresh elections in all this time,” says a resident. He adds that the entire managing committee has been appointed by Shah and they have been inventing fees and penalties that cannot be legally imposed. However, the housing society members have not taken any concrete action against the ‘powerful’ team.
Elections tend to be a bone of contention among members of several housing societies. “Often, an election is conducted just once and the same person continues to hold the position for years. Society members, too, are usually not concernedunless it causes personal inconvenience to them,” says Ravi Goenka, advocate, Goenka Law Associates. However, you have the right to elect the managing committee of your housing society every five years. If your society refuses to do so, you can lodge a formal complaint.
What you can do In case of a dispute with another member or a grievance over certain practices adopted by the society, you should ideally lodge a complaint with the managing committee. The latter must respond within 15 days of receiving your complaint. If there is no response during this period, you can approach the deputy registrar’s office, which can issue a showcause notice to your society, asking it to explain its stand. After the hearing, if it is found that the members are holding positions without having contested the elections, the existing committee can be dissolved. In its place, the deputy registrar can appoint an administrative officer to run the affairs of the society till fresh elections are conducted. Another option available to you is to approach the cooperative court against your society or even the deputy registrar. You can also file a case with the civil court or lodge a criminal complaint of misrepresentation against such members. The district housing federations, which are established under the provisions of the Cooperative Housing Societies Act for the welfare of the housing societies, can also be approached. “However, for complaints regarding the elections, your best bet would be the deputy registrar as it is the fastest recourse available,” says housing society activist J B Patel.
How should elections be held? Under the Cooperative Societies Act, a proper procedure has been laid down for conducting elections to appoint a managing committee. Ideally, one must start the process about two months before the end of the existing managing committee’s term. The latter is expected to compile a list of members who are eligible to vote, which needs to be put up on the notice board 60 days before the election. Thereafter, the committee must appoint a returning officer to oversee the election. The returning officer cannot be someone who is contesting the election or supporting a candidate.
Changes in the pipeline There are some changes in the offing that will affect housing societies in Maharashtra. In November 2013, the state government announced that it would appoint an election authority to supervise elections in housing societies with more than 100 members. The government is expected to make the announcement by December 2014. “Till such an authority is constituted, you can't conduct elections in your society, even if they are due,” explains Patel.
with thanks : Times Of India : LINK
We want the India on TOP...
Dear Vohra ji,
I totally and wholeheartedly agree with you. But who is responsible? We - all of us, collectively and individually for all the mess created ably assisted by our honoured politicians who are till concerned about the plight of aam aadmi but about themselves. We cannot root out all this and more menace unless all of us join hands unitedly and raise your voice unanimously and universally! But can we achieve this unanimity knowing well all this menace! However, we must try and root out the root cause for all this in a phased and planned manner over a period of time.
Best of luck and blessings,
TK Balu
-----------------
Dear Mr Vohra,
Everyone has the right to desire the way you have. But how and who will do all these big things unless we prepare ourselves, a few pragmatic persons amongs us, with zest and zeal, with honest and clean meaningful means, to take over the present rotten, dishonest, and outdated politicians.
I with all my like-minded persons, are with you always. Pl go ahead ....
M M Lal Bhasin
President
Delhi Electricity Consumers Society
------------------------------------------
Dear Mr. Vohra,
Good thought. Let us pray for prevailing of good sense and good people to achieve the goal.
M. S. Goel
------------
Sunday, February 9, 2014
We want the India on top……..
We
want the India
We
want the India
We
want the India
We
want the India
We
want the India
I
know I have very vast desires or you can say, I want more, more & more. But
if we start this journey, believe me the destination will be quite near &
not as far off, as you might be thinking.
Don't you think so ?
Please revert !
Don't you think so ?
Please revert !
B S Vohra
Monday, February 3, 2014
No budget, but circulars galore for tax payers
Levy of service tax on services provided by RWAs to members - Clarification
In one such instance, the tax department has made a clarification on the service tax chargeable on services provided by resident welfare associations (RWA). RWAs are civic bodies representing interests of residents of specific localities. The membership to the RWAs is voluntary. All resident welfare associations are registered under Co-operative Societies Act.
The services such as providing security to the residential locality are chargeable at 12 per cent service tax. According to the clarification, such a tax will not be levied if the contribution by member is below Rs 5,000 per month. However, if the contribution breaches the Rs 5,000-ceiling, the entire amount would be chargeable under the service tax.
This brings a huge relief for the RWAs and residents who have been struggling with tax demands from the department officials.
“This is indeed a welcome clarification. There was no clarity as to what happens when the Rs 5,000-limit breaches. The tax department has also clarified that even if the amount for services is paid in lumpsum, it will not be charged with service tax,” Bipin Sapra, tax partner, EY, said.
According to the clarificatory circular, “However, a monetary ceiling has been prescribed for this exemption, calculated in the form of Rs 5,000 per month, per member contribution to the RWA, for sourcing of goods or services from third person for the common use of its members. If per month, per member contribution of any or some members of a RWA exceeds Rs 5,000, the entire contribution of such members would be ineligible for the exemption.”
RWAs provide a host of services like maintenance of common areas, facilities including lift, water, health and fitness centre, swimming pool, payment of electricity bills for the common area and lift among other things.
Further, in cases where the RWAs act as pure agents and provide services to its members, like submitting electricity bill of a member to the discom, it will be exempt under the service tax. “Electricity has been one of the major issue as in many cases, RWAs have been acting as pure agent on behalf of residents,” Sapra said.
RWAs, it has now been clarified, will also be eligible for CENVAT credit for the service tax paid, which ultimately will trickle down to benefit taxpayers, Sapra added.
with thanks : Indian Express : LINK
BSES Rajdhani, BSES Yamuna get power supply suspension notices
New Delhi: NTPC on Saturday served notices of power supply suspension to the two Anil Ambani-owned distribution companies in Delhi due to payment issues.
The state-owned utility said BSES Rajdhani and BSES Yamuna had not maintained letters of credit of adequate value, a prerequisite for getting power from NTPC stations.
Since BSES Rajdhani and BSES Yamuna have not been able to provide the requisite payment security mechanism, notice for regulation of power supply for 90 days starting February 11 has been issued to both companies.
A spokesperson for BSES Rajdhani and BSES Yamuna declined to comment on the matter. Anil Ambani is the Chairman of Reliance Infrastructure, which owns the BSES companies and distributes electricity to homes in Delhi and Mumbai.
"In spite of our repeated follow-up and meeting with senior officials of BSES Rajdhani, the company has not been able to give any letter of credit for the full value within seven days, which is a breach of PPA (power purchase agreement) provisions," NTPC said in a notice today to BSES Rajdhani.
In a separate notice, NTPC said BSES Yamuna has not been able to reinstate the letter of credit for the full value so far, which is a breach of PPA provisions.
The Central Electricity Regulatory Commission (CERC) empowers generation companies to regulate power supply in case letters of credit, which are assurances of payment, are not maintained.
"CERC (Regulation of Power Supply) Regulations, 2010, also provide for regulation of power supply in case of non-maintenance of the required letter of credit or other agreed payment security mechanism (PSM)," the company said in the notice.
Last month, BSES Rajdhani re-instituted the letter of credit on January 29, against the due date of January 7, NTPC said, adding that currently there is no letter of credit available.
BSES Rajdhani's last letter of credit was encashed yesterday, leaving a shortfall of Rs 27l.61 crore, NTPC said.
"There is a payment shortfall of Rs 96.07 crore on BSES Yamuna which, as per PPA provisions, should have been paid by January 31," NTPC said.
The present allocation of power to BSES Rajdhani from NTPC stations is l,26l MW and for BSES Yamuna it is 811 MW.
BSES Rajdhani distributes power to over 18.5 lakh customers in south and west Delhi, including Alaknanda, Vasant Kunj, Saket, Nehru Place, Nizamuddin, Sarita Vihar, Hauz Khas, R K Puram, Janakpuri, Punjabi Bagh, Tagore Garden, Vikas Puri, Palam and Dwarka, according to its website.
BSES Yamuna has 13.5 lakh customers in central and east Delhi, including Chandni Chowk, Daryaganj, Paharganj, Shankar Road, Patel Nagar, Krishna Nagar, Laxmi Nagar, Mayur Vihar and Yamuna Vihar.
The other distribution company in the national capital is Tata Power's North Delhi Power Ltd.
With thanks : PTI : LINK
Subscribe to:
Posts (Atom)
