Part III - Judiciary - A Failed Pillar of Indian Democracy!!!!

Here is another account of how Judiciary takes pride in failing the common man. Whilst I was in the last leg of my Naval service, I booked a bungalow in May 2009 at Bhopal. I booked a particular unit, the superstructure of which was ready and I was promised possession within a year, though the agreed period was 24 months. I was to retire in Apr 2011 and hoped to move in and settle down. The work progressed well till Apr 2010 by when the brick work and internal plaster was completed and I had shelled out 90% of the project cost. Thereafter, suddenly the project came to a standstill. Every time the project manager made a new commitment which invariably failed. According to the agreement, the company was to pay a compensation of Rs. 9,000/- per month for delay beyond 24 months but that was not being honored.

I retired in Apr 2011 and since there was no progress whatsoever, I had to move to Nagpur. The company employees gradually started quitting and there was a stage when except for an office boy and security guard, there was no one in the office to attend to customer enquiry. In anguish, I went to Delhi to meet the Directors of the company but was entertained by another employee who made several bold promises. Ultimately, when no headway was being made, I found it wise to register a case in the district consumer forum, in Feb 2012.

The case was admitted and notices were served but no one was available in the builder’s office to accept the notice because of which the case did not proceed further for three months. Finally when a new project head was appointed, the notice got served and they were given one month to respond. The company remained dormant and after three months the court decided to hear the case in the absence of the opponent. Just a day prior to the hearing date, the company took a stay from the State forum and filed a petition seeking time to respond. The judge generously granted them 3 months. In their reply the company claimed that I had not paid the installments on time and hence I am not entitled to any compensation. This was a blatant lie and to the contrary, I had paid one installment in advance.

I filed my reply providing all documentary evidence and the court decided to hear the argument on 05 Feb 2013, after one year of filing my complaint. On 5^th Feb 13, the hearing did not take place as the President was transferred and a new president had not been appointed. In complete disregard to public inconvenience, the court scheduled final argument on 29 Jun 13, a delay of 5 months straight. The company recommenced work in the site in Nov 2012 but was not touching the units of those who filed a case in the court. They have a standard answer now, “The matter is in the court, we will progress the unit only after court decision. Alternatively, withdraw the case”. The company started progressing work of other units sold almost a year after me. I urged the advocate to file an ‘urgent hearing’ application, who was reluctant and literally defied by not doing so. I also gave up and was hoping like hell that the matter will be argued on 29 Jun 2013. To my utter disgust, I was informed by the advocate that since the President is on two days leave the case has been postponed to 24 Aug 2013.

On the other hand, the company is collecting stage payments on units that are progressed, by threatening to cancel the allotment and refusing to pay any compensation for the delay. Further, the company is refusing to handover possession of houses that are ready unless the buyer withdraws the case, sign a ‘no claim’ undertaking and pay up the legal charges incurred by the company. I see no option but to fall in line as the judicial system has rendered me helpless. The other option left is to approach a criminal who could handle this for me but regretfully my services background is preventing me from doing that. Some buyers who had political or muscle connections have been able to get their way, though.

Wonder what a common man could do?  Definitely, this country is heading towards anarchy!!!!!!  



Life Skills Training - A True Learning Session

 As my son turned 18 recently, I thought of training him on essential life skills required to survive in India. He wanted to open a bank account. I asked him to plan a visit to the State Bank of India, Main Branch as all our accounts are in that branch. He chose to visit the branch on a Saturday and I asked him to go about behaving like an adult and get the work done, while I guide him remotely.

We reached the bank together and after showing him the desk where new accounts are opened, I went on to operate my locker. Within a minute he returned to me saying his account can’t be opened in that branch because we reside beyond the jurisdiction of the main branch, something that sounded strange to me as all our accounts are in the same bank. I told the staff that we have three accounts in that branch and hence it should be possible to open the fourth one, upon which he bothered to see the documents that my son was carrying to ascertain the residential address. He also insisted on knowing the details of other three accounts and finally he gave the application form and asked my son to fill it up and give a copy of identity proof and address proof.

Soon enough a hunt for pen commenced as he had not brought one and since the form was voluminous and in any case photo copies of documents had to be taken, he decided to buy a pen too. He went around the place but there was no sight of a copying center and finally after walking some distance he found one and got the documents copied and bought a blue pen too. He could fill only part of the form and went back to the staff for clarification but was redirected to me for further help. My son wondered (a) why they can’t provide photocopying service for a cost, instead of making the customer run around? (b) Why is there a board behind the desk that reads “May I Help You?”, if he has to shoo away customers?

On filling the form, he realized that some signatures are required only in black color and hence had to borrow a pen from other customer. The form duly filled and photocopies of documents ready, he approached the staff again and within a flash the form was rejected as copy of the electricity bill was not attached. My son returned to me and I intervened again, much to the dislike of the staff. I explained that copy of ‘Adhar’ card is attached which has a photograph and also the address and that Adhar card is mother of all cards in the country. Not amused by the pun, he insisted that two different documents are required, one for photo identification and another for address proof. Luckily, my son was carrying his dependent’s identity card   issued by the Indian Navy. He went out once again to get a photo copy and furnished the documents but yet again the application was rejected as this identity card was not acceptable. I had to again intervene as the form does include identity cards issued by government to be a valid identity proof. As a first reaction, the staff had assumed it to be an identify card issued by the college (incidentally, even this is valid as per the form) but after explaining that it is issued by Government of India, he accepted the form and asked us to come on Monday with a copy of the electricity bill.

My son wondered why he is opening an account in State Bank of India and asked me why not in any other bank where the staff is more helpful. It was then that I realized that perhaps, we oldies have learnt to live with this nonsense. But when we have a choice now, why should we go through this.

On our way back home, I asked my son to summarize his learning and this is what he had to say:-

a.                   If you can help it, never deal with government banks.

b.                  If you have to, then carry enough copies of all kinds of proofs like Adhar, Driving License, Electricity bill, Photo Identity cards issued by Government, College etc.  

c.                   Carry a pen always, the one that can write in at least four colors viz. black, blue, red and green, as you never know which color will be insisted where.

d.                  Never take a ‘No’ from the staff on face value. Question, clarify and if required argue as they may not be there to help in the first place.

e.                  Never plan too many things for a day, as you never know how long a silly thing like opening a bank account may take.

On reaching home he called up one of the private banks who promised to facilitate the process at our residence and now even I am contemplating to shift all my investments out of State Bank of India.

But who cares!!!!!!!!

Part II - Judiciary - A Failed Pillar of Indian Democracy!!!!

Here is another account of the judicial system – The Consumer Forum.

I had purchased a bungalow at Nagpur in 2008 for a sum of 19,25,000/-. An agreement to sale was duly registered for the said amount but at the time of handing over possession, the builder demanded 4% of the basic price (Rs. 82,125/-) as service tax stating that the government has imposed this tax after the agreement date and that the same is payable by all customers. In the same breath he also stated that the builder’s association has represented to the government and in case the government reverses the provision, the amount will be returned back to the customers. Since I was on short leave to take possession and execute the sale deed and had no time to verify the facts, I paid the additional amount in good faith and obtained a receipt for the same. Almost two years later, accidentally I hit upon a government order of Jan 2009 in the internet which had reversed the service tax provisions based on the representation of the builder’s association. I immediately got in touch with the builder and asked for my money back. He however, claimed to have paid this money to the Service Tax department as the department had issued a notice to him in this regard.

This started a new litigation. I wrote several letters to the builder and made numerous calls asking for proof of payment to the department so that I can make an effort to get the money back. He remained evasive and non-committal. In Apr 2011, I retired from service and after meeting him personally and allowing another three months for him to obtain the records from his CA, I was left with no option but to send a RTI application to the service tax department seeking a copy of the voucher under which the builder paid the tax. To my horror and surprise, the service tax department in their reply said that the builder does not hold service tax registration number in the first place and hence no information can be provided.

I challenged the builder once again with the letter from the service tax department and when he was adamant on his stand I had to approach the consumer forum in Oct 2011. The case was admitted and the builder was sent a notice to which he did not reply for three months. When the case was scheduled for ex-party hearing, the builder filed his reply in Mar 2012 stating that he had paid the tax amount to the department, without providing any proof. The case was to be scheduled for final argument but because the term of the president of the forum was to end in Jul 2012, he was busy in winding up office and left the matter for the new incumbent to handle. The new incumbent was appointed in Jan 2013, almost after 6 months after the previous man left the post.

The case was finally scheduled for final argument in Mar 2013 and the argument was clearly in my favor as there was no evidence on record to prove the builder’s claim. Logically, the final order should have been issued within a month but the same was not done and the forum had a month long summer vacation in May. On reopening, the president was appraised of the pendency but by then the member who heard the case was transfered the new incumbent wants to hear the case afresh before passing an order. Finally after my personbal request, te president scheduled a fresh hearing on 28 Jun an dmuch ot my disbeleif, he imself was missing on that day as he had gone for his medicals for assuming the post of District Judge. Now god alone knows when the new president will be appointed and when the case will be argued and when the order will be passed. After this ordeal, the builder will appeal in the state forum which is worse than this and the saga will continue.......

The questions that come to my mind are:-

a.      Isn’t our justice system crumbled completely?

b.      Is there any accountability in the system?

c.       Isn’t the government wasting tax payers’ money in promoting consumer awareness when the system is just not in a position to deliver justice?

d.      Was I not stupid in trusting the judicial system in the first place?

May god save the common man!!!!!!

Judiciary - A Failed Pillar of Indian Democracy!!!!

India boasts of its three pillars of democracy – The Executive, Legislative and Judiciary. While I was always sure of the failed status of the first two pillars, I had some faith in the judiciary till I had a firsthand experience recently.

Post retirement from the Indian Navy in 2011, having acquiring four post graduate degrees in management and doctorate in Psychology (allied to Organizational Behavior) I decided to join the education field with a noble intention of contributing to the development of future generation. Accordingly, I took up an assignment as Director of one of the Management Institutions affiliated to Nagpur University. I did all that was possible within my means and the willingness of the management, to provide quality education to students.

Almost 8 months after my appointment by the institution, the university constituted a committee of subject experts to hold an interview to regularize my appointment and the committee in all its experience and wisdom, recommended my candidature. The proposal was then submitted to the university for according formal approval to my appointment. However, after three months, the institution was informed of the Vice Chancellor’s decision of not granting approval to my appointment as my PhD is not in Business Management/ Administration.

This was not a straight case as it appears. The Dy. Registrar of the university who was looking after approval of teaching staff of affiliated colleges had once called me with a request to take special care of his son who was studying in my college. As a true teacher, I indeed started taking interest in that boy. He was shy / timid and needed exposure to gain confidence. However, he hardly attended college and out of concern, I called him once and warned him. Apparently, he felt bad and informed his father who in turn sealed my case. Beyond representing once to the Vice Chancellor, the management did not wish to pursue the matter though there was no merit in the argument of the university. Incidentally, there was more than one case within the same university including the Director of the Department of Business Management whose PhD is not in Business Management/Administration.

As a responsible citizen of the country, I first resigned from the post and after making three written representations to the Vice Chancellor, who did not respond, filed a writ petition in the Nagpur bench of Bombay High Court in Apr 2012. The case was duly admitted and the university took the same position that my PhD was not in Business Management. When the case was leaning in my favor, the university in a face saving attempt requested the court to include AICTE as a respondent to the case to clarify the stand. AICTE took almost three months to file their response and remained noncommittal stating that they have no jurisdiction in deciding the qualification of faculty even though the appointmentss are made strictly based on the directions issued by the AICTE, which does not specify that the PhD has to be in Business Management/Administration only.  

Having met a dead end once again, the honorable Judge questioned the veracity of two other Directors' appointment including the Director of the Department of Business Management of the university who holds PhD in a subject other than Business Management. The malaise having been exposed, the university did not respond to this query for four months and each time the case was adjourned as the respondent did not file a reply to the court’s query. In the meantime, the court administration reallocated cases and mine was listed for hearing in front of a new set of judges and promptly the respondent filed the reply. In a complete ‘U’ turn the university agreed to accord approval if the candidate engages four sessions in a week and remained silent about the query raised by the honorable judge. Incidentally, the requirement of engaging four sessions is applicable to all Principals/Directors as per the University Grants Commission norms.

I and my counsel were now confident that the case will be decided in our favor and the university will be directed to accord approval as and when I apply again. Logically, I even expected the honorable judge to admonish the respondent university for turning down my case arbitrarily. However, in a dramatic twist of events, on the day of final hearing the honorable judge disposed the petition stating that since the petitioner had resigned from the post, any direction now will be academic in nature and hence there is no case at all. This came as a rude shock and any attempt by the counsel to explain, fell on deaf ears.

This gives rise to following questions:-

a.      If there was no case, then why the case was admitted in the first place?

b.      Why it took 15 months for the learned judges to realize that there was no case?

c.       What about the university staff who intentionally turned down approval, forcing me to resign.

d.      How could a responsible person continue in the post for 15 months when the university did not grant approval? Won’t the management of the institution sack him?

e.      Is this what is justice?

f.        Will a common man like me ever go to court after this experience?

g.      Does truth prevail in this country?

h.      Do the judges deserve the respect they demand?
i.    Will I ever aspire to be a sincere teacher in this country?