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  1. Delhi Metro Rail Corporation are under legal obligation to provide complete list of incidences when Delhi Metro trains services are halted due to technical snag or due to other reasons on all routs/ lines, along with duration of halt and service, free of cost rules CIC. The decision can be downloaded from here! Does this decision has a wider ramification? Can citizen ask for information about other trains, bus services and also the flights which are delayed or cancelled. Post you views at our forum. Incidences of Delhi Metro train halts Earlier RTI application was filed to obtain information on complete list of incidences when trains services are halt due to technical snag or due to other reasons on all routs/ lines within last one year, along with duration of halt and service. The Commission feels that respondents are under legal obligation to provide the complete list of the incidences, as asked for, free of cost to the appellant. Citation: Shri Aseem Takyar Vs DMRC, file number: File No. CIC/VS/A/2013/001934/KY dated 22.07.2014 You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  2. BSNL delayed responding to an RTI applicant by more than one and half years which had sought to know the BSNL complaint redressal mechanism itself and then BSNL provided information a day before the case was listed for hearing at Central Information Commission. Central Information Commission rightly ordered compensation for the inconvenience caused due to non reply of an RTI. CIC found that BSNL could not reply to the RTI application and therefore, in exercise of the powers vested in the CIC in Section 19(8)(b) of the RTI Act directed the department BSNL to compensate RTI applicant by an amount of Rs.750/- for the inconvenience and detriment caused to him. Under Section 19 (8) (b), "the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered;" From the CIC decision posted on the website, it is clear that the RTI applicant telephone was not in working order from a lot of time and he had to run from pillar to post to get his telephone put in working order. The consumer then applied under RTI to know the mechanism by which such complaints like his are addressed by BSNL. He applied RTI to BSNL on 17/10/2012 and CPIO provided this information on 1st June 2014 a day before the case was listed for hearing at CIC. Dr. Haroon Siddiqui from Allahabad after getting fed up with the non working of the phone has applied for the following information/documents:- The date of establishment of “Telecom Complaint Redressal Centre” for L.L/BB internet in your service area at Allahabad. The numbers of Land Line/Mobile phones available in these centers and its details numbers. The number of staffs, the names, designation in these centers. The time of lodging the complaint including the Sunday/holidays in these centers, whether it is registered by giving a unique docket number. Whether in a time bound manner for resolution of complaint and the action taken is communicated to the customers through SMS as per guide line of TRAI. The detail of setting up of a “Web based complaint monitoring system” where the customers can track their complaints. The details of IRVS or Interactive Voice Response is installed as per TRAI rules. The name, address of the appellant authority for Redressal of the complaint and copy of procedure for filing of appeal. BSNL complaint redressal mechanism The appellant stated that the information has been provided only yesterday and he needs some more details regarding query ©. He pleaded that due to non-provision of information he suffered detriment and had to run from pillar to post to get his telephone put in working order and some compensation should be allowed. The CPIO stated that he will provide the remaining information. Decision notice: The CPIO is directed to provide the information as above to the appellant within 15 days from the date of receipt of this order. From the foregoing it is apparent that the appellant did not receive the information till the matter came up for hearing. For the inconvenience caused to him, he deserves to be compensated. Therefore, in exercise of the powers vested in the CIC in Section 19(8)(b) of the RTI Act we direct the department to compensate him by an amount of Rs.750/- for the inconvenience and detriment caused to him. Accordingly, the CPIO should ensure that this amount is remitted to the appellant by demand draft/pay order within 21 days from the date of receipt of this order. The decision is available here! At our forum we have many discussions with regard to BSNL issues. You may like to visit the search result here to read them! If you have any query, kindly post it at our forums here! Have you faced similar problems or do you have anything to add to the story, post it in the comments.
  3. Customers complaining about failed ATM transactions may be entitled to request for CCTV footage which will facilitate fast resolution of complaints, Banking Ombudsman said today. Presently several banks refuse to provide CCTV image of ATM deliberately, asking customers to approach the cops first. They provide CCTV images only after the cops ask. "With a view to facilitate faster resolution of complaints regarding failed ATM transactions, it has been decided in consultation with National Payment Corporation of India (NPCI) that complaints may be entitled to request for CCTV footage camera image relevant to complaint from acquirer bank (whose ATM is used), Banking Ombudsman (Chandigarh) RK Sood said in Chandigarh. banking ombudsman at Chandigarh, is having jurisdiction over Punjab, Himachal Pradesh, Chandigarh and three districts of Haryana (Panchkula, Ambala and Yamunanagar). "Customers can tell banks that they want to see the CCTV footage with regard to ATM complaints and the footages will be shown to them," he said, adding that it would ensure speedy redressal of complaints. He also said, the customer complaint form will be modified to make this provision an integral part of the complaint form. He said NPCI had already advised all member banks of National Financial Switch to make provision for customer complaint form. "The complaint form for the use of customers is finalized by Indian Banks Association which will get modified in due course so that the provision of asking CCTV recording becomes a part of the complaint form," said Mr Sood. CCTV Footage of failed ATM transactions One of the RTI filed in this respect and the decision can be seen here: http://rti.cc/3m Here are some of the RTI Decisions on Failed ATM transactions at our forum with some important decisions. Bank of India ordered to supply ATM failed transaction details and allow Inspection u/S 4 ATM failed Transactions RTI for ATM CCTV for failed transaction For more information of this issue you may like to visit our forum here!
  4. The dependants have full rights to receive entitlements occurring due to natural death while an employee dies during office hours. The ESIS has not been treating natural deaths like heart attack to have been caused due to stress and strain of employment and therefore such claims have been rejected. The Bombay high court ruled that natural death too is an employment injury under ESIS and entitled for all claims. This ruling regarding employment injury under ESIS is sure to help many who have been denied the due claims from such natural deaths. In the recent ruling given by Bombay High court having far reaching implications, it has decided that under Employees State Insurance Corporation (ESIS) Act, accident that arose in the course of an person's employment, it is to be presumed, in the absence of evidence to the contrary, that the accident has arisen out of that employment and the dependents are entitled to get the benefits. Section 51A of ESIS Act Section 51A which was added by Amendment Act No.44 of 1966 provides thus : "51-A Presumption as to accident arising in course of employment. For the purposes of this Act, an accident arising in the course of an insured person's employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out of that employment." Natural death also an employment injury under ESIS The Bombay High Court has ordered Employees State Insurance Corporation (ESIS) to pay within a month the claim amount to a 40-year-old housewife whose husband died of cardiac arrest in a factory. The order was passed by justices K R Sriram and V M Kanade, on September 5, on a petition filed by the widow of Bharguram Mahadik, who worked as a fitter on a meagre salary of Rs 6,000 with Dhanwantari Engineers Pvt Ltd. Bharguram was registered with ESIS scheme. On March 27 last year, he complained of chest pain and his colleagues took him to a resting area within the factory premises and asked him to rest for a while. As his condition worsened, he was rushed to the Navi Mumbai Municipal Corporation at Vashi. The provisional cause of death in the certificate issued on the same day mentioned that the insured was "brought dead" to the Hospital. The Insured was declared as dead by the Medical Officer of NMMC Hospital and the cause of death was mentioned as "Acute Myocardial Infarction". At the time of death he was about 50 years old. The employer of the insured raised a claim for the dependents under the ESI Act on April 11, 2012 but it was rejected by ESIS on May 14. One of the ground said that the deceased cannot be treated as an employee under the ESIS Act. The ESIS refused to pay the claim, saying that the injury sustained by the employee cannot be treated as an Employment injury under the Act. It further said the insured person had died of natural causes and the death was not related to stress and strain of work. Husband died due to heart attack The entire defence of the respondents is that the petitioner's husband died due to heart attack and it is not an employment injury. The court used the same argument against the ESIS stating that there is no controversy with regard to the death of the petitioner's husband other than the one stated by the petitioner and the medical report relied by both the parties, presumption under Section 51-A of the Act squarely applies to the facts of this case and it has to be held that the death of the petitioner's husband has happened only during the course of the employment and in the factory premises/rest room, by applying Notional Extension Theory. The petitioner is therefore, entitled to get the dependents' benefits. You may be interested in participating on our forum discussions regarding ESIS here.
  5. rtiindia

    What is New Pension Scheme?

    On our RTI forum, several queries are received regarding pension, its non payment for years, wrong calculation, non transfer of account from one organization to another and so on. It’s a wide topic but here is an attempt to get some basics clear. New Pension Scheme was initiated with a view to cover non Government work force, however Government initiated it for its own employees w.e.f from 1/1/2004 in order to reduce its pension burden. NPS was thrown open to all citizens of the country from May 1st May 2009 . The New Pension Scheme (NPS) works on defined contribution basis, having two tiers -Tier I and Tier II. Contribution to Tier I is mandatory, for all government servants joining government service on or after 1/1/2004 .Tier II is optional and at the discretion of government servants. In Tier I Government servant will make a contribution of 10%of his basic pay plus DA, deducted from monthly salary by PAO concerned. Government will make an equal matching contribution. In case of non Government employees government will not make any matching contribution. Tier I contributions and its investment returns are to be kept in a non-withdrawable Pension Tier I account .Tier II contributions will be kept in a separate account that can be withdrawn by a Government servant as per his need. Government will not make any contribution to Tier II account. A government servant can exit at or after age of 60 years from Tier I of the scheme .At the time of exit it would be mandatory for him to invest 40% of pension wealth to purchase annuity (from an Insurance Regulatory and Development Authority (IRDA)regulated Life Insurance Company ), which will provide pension for the lifetime of an employee and his dependent parents/spouse. In case a government servant leaves the scheme before attaining age of 60 years , mandatory annuitization would be 80% of the public wealth . Tier II account enables an account holder to build additional savings, and can withdraw from this account as per his need . For details www.buvik.nic.in/nonsecure/releasecentre/release/new_pension.pdf The design allows the subscriber to switch his/her investment options as well as pension funds. Seamless portability and switch between PFMs is designed to enable subscribers to maintain a single pension account throughout his saving period. Presently NPS has a corpus of Rupees 35,000 crores with 53 lakh subscribers. With a view to bring into existence a centrally controlled administered mechanism involving Pensioners Associations in the country, Government of India has set up a Pensioner’s Portal. This functions as a single window mechanism.( www.pensionersportal.gov.in/index.asp) This site has several sections that gives details of classes of pensions, latest circulars, rulings, pension calculator , check list and so on . There is a section for grievance registration for both pension related and other miscellaneous issues. There is a special Information and Facilitation counter (IFC). There is also a toll free number to register pension related complaints .They have announced a dedicated day to meet pensioners in person. New Pension Scheme, What is PFRDA? Pension Fund Regulatory and Development Authority was established was established by GoI in August 2003,by an executive order to promote old age income security by establishing, developing and regulating pension funds .PFRDA s mandate includes protection of interest of its subscribers to the various schemes.(www.pfrda.org.in). PFRDA has been set up as a Trust under the Indian trusts Act 1882 to oversee the functions of Pension Fund managers(PFMs)The NPS Trust is composed of members representing diverse fields and brings wide range of talent to the regulatory framework.PFRDA aims to bring about awareness towards pension related issues and provide financial education to its subscribers. What is the PFRDA Bill 2011 This bill inter alia provides for:- i) Establishing a statutory Pension Fund Regulatory and Development Authority (PFRDA) under the Act. ii) It empowers the PFRDA to regulate New Pension System and other pension schemes not covered under any other Act. iii) Register and regulate pension funds and central recordkeeping agency iv Frame investment guidelines for pension funds v) Levy monetary penalties for violations of various provisions of the PFRDA Act vi) Imprisonment upto10 years by Courts for contravention of the PFRDA Act etc and finne upto 25 crore or both vii) Subjecting subordinate legislation to Parliamentary scrutiny. (www.financialservices.gov.in) Present Status Both Houses of Parliament gave its assent to the Bill during the recently concluded session of Parliament, clearing a long pending reform that hung fire since 2005. Passage of the Bill could see pure pension products coming into the market. Presently products are linked with insurance coverage. The PFRDA Bill also seeks to promote the pension sector by establishing a regulator as India does not have a universal social security system. For the present Pension Bill will allow FDI up to 26%stake in domestic pension funds. However if Insurance Laws(Amendment) Bill sees light of day during the coming winter session of Parliament then the cap may rise to 49%. The Bill, it is believed, will help boost infrastructure sector which is in dire need of funds. Currently 12% of the workforce is covered under any kind of Pension scheme. In order to widen its net the Government has offered a new scheme called Swavalamban scheme to workers in the unorganized sector. This is a co contributory scheme wherein the Government will contribute 1000 rupees to each eligible NPS subscriber who contributes a minimum of Rs.1000 and a maximum of Rs.1200 per annum. To sum up passing of the Bill gives PFRDA a statutory authority and teeth to regulate the players in the market. And shall we say more security to a common man’s saving?
  6. It is an unequal fight between an Institution and the student when an institution insist that discontinuation of studies before completion of the course by any student, the entire course fee is to be charged from the said student and the fee once paid is not be refunded in any circumstances. This is a clear Exploitation of student. In the judgement pronounced by CIC, they have opined that the college authorities are being unfair and unjust to the appellant, in as much as they have refused to refund even a part of the fee of over Rs.3.00 lakhs. CIC has expressed anguish to an extent of stating that "This is sheer exploitation of a hapless student." Seema Dental College, Rishikesh, which was responded to by the said college vide letter dated 3.8.13, in which the college authorities have stated that as per regulations of the college, in case of discontinuation of studies before completion of the course by any student, the entire course fee is to be charged from the said student and the fee once paid is not be refunded in any circumstances. The college authorities have also stated that both the appellant and his daughter, Ms.Shivani Sundriyal, had sworn affidavits to this effect at the time of Shivani’s admission in the college. Exploitation of student In the judgement pronounced by CIC it stated that: "The position is explained to the appellant. It is an unequal fight between an Institution and the student. Even though the appellant and her daughter had given an undertaking renouncing their rights on the fee deposited at the time of admission, yet, in my opinion, the college authorities are being unfair and unjust to the appellant, in as much as they have refused to refund even a part of the fee of over Rs.3.00 lakhs. This is sheer exploitation of a hapless student. The appellant has already received a copy of the letter of the college under reference. It is open to him to take recourse to law, if he is so advised. The matter is being closed at the Commission’s end. In many cases the universities steadfastly maintain that it is a clear policy not to return original certificates unless the student paid the entire course fee for which he was enrolled. In one of the consumer cases the Thanjavur District Consumer Dispute Redressal Forum has ordered the Sastra Deemed University, Thanjavur, to refund a student Rs 1,12,000 paid as tuition fee for five semesters. In another case Agrieved Party: Swanpnil Kadam Case Against: SIG Engineering College, Pune (SIGCE), Ruling by: Maharashtra State Consumer Forum Order : Full refund with costs. The Maharashtra State consumer forum ordered the refund of full fees with costs, to a student who took admission in one college and moved to another. Even if the college puts out a notice that they will not refund the fees, or make you sign an agreement about non- refundability of fees, then it is bad in law. Many consumer courts have held such an opinion and ruled in favor of the student. However, it is also true that irrespective of the nature of education you want to pursue, all education providers are service providers. The seminal 1978 judgment by the Supreme Court (BSB Vs A Rajappa & Ors SC 578) established that education is an industry and students are customers. You may also be interested in many forum discussions regarding this issue here! What is your opinion on Colleges and Universities doing Exploitation of Student?
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