Plea against appointment of law officers dismissed

Chandigarh, September 19
The Punjab and Haryana High Court today dismissed a petition alleging the appointment of law officers in Punjab for “furthering the prospects of Badals in the forthcoming Vidhan Sabha elections.
In its petition placed before the Division Bench of Acting Chief Justice MM Kumar and Justice Gurdev Singh, Lawyers for Humanity had asserted: “The law officers were being appointed only with a view to win the elections and the state exchequer was being depleted to further the prospects of Badals.”
In the petition against the State of Punjab, Punjab Advocate-General, the Director in the Department of Employment Generation and 126 law officers, the petitioners had sought the quashing of their appointment on the ground of being made in an arbitrary manner.
Alleging the violation of Article 14 and 16 of the Constitution, the petitioners had also sought directions to stay the renewal of contract for 2011-12 and to launch prosecution “against those responsible for circumventing the procedure of appointment in offices as enshrined under the Employment Exchange (Compulsory Notice of Vacancies) Act-1959.

Consumer Courts Awareness

Reliance told to pay Rs 16,800 vehicle damage claim
Tribune News Service
Chandigarh, September 19
The District Consumer Disputes Redressal Forum has directed Reliance General Insurance Company to indemnify the loss on non-standard basis and pay Rs 16,800 along with 15 per cent interest to a Sector-30 resident towards the payment for the repair of his vehicle.
The district forum comprising its president PD Goel, and members Rajinder Singh Gill and Madanjit Kaur Sahota has also directed the opposite party to pay Rs 7,000 as costs of litigation.
Complainant Naresh Chaudhary had claimed that he had insured his Tata Indigo car with Reliance General Insurance Co. Ltd as a passenger-carrying vehicle but due to family problems, he could not use the same for commercial purpose and got it insured as a private vehicle.
Later, he requested the opposite party to make necessary correction in the policy to which the insurance company replied that before correction, the vehicle needed to be inspected. Also Rs 200 were demanded as inspection charges.
The company later informed him that necessary formalities had been completed and he would receive the corrected policy. However, the policyholder failed to receive the corrected policy till the filing of the complaint.
He averred that his vehicle met with an accident on April 16, 2010 and consequently informed the company.
He got it repaired by spending Rs 28,480 and submitted the relevant documents to the company. He alleged that the company repudiated his claim on the ground that the policy was issued for a passenger-carrying vehicle, whereas the vehicle was registered as a private vehicle.
The counsel for the Reliance General Insurance Company Ltd. argued that the FIR was lodged on April 19, 2010 four days after the accident, while the company was informed of the same after 13 days of the accident.
It was pleaded that the surveyor had assessed the loss to the tune of Rs 22,400. He further argued that the vehicle was insured as a passenger-carrying vehicle but the complainant got the vehicle registered as a private one and they were unable to process the claim because the complainant was not having any insurable interest in the vehicle.
The counsel further pleaded that there had been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint.

UT yet to set up Consumer Protection Council

Chandigarh, September 19
Even though Chandigarh is leading the country on the judicial front of the Consumer Protection Act (CPA), with the highest average percentage disposal rate of 97 per cent yet on the administrative side, the city has failed to establish any Consumer Protection Council (CPC) even after 25 years of the enactment of the CPA in 1986.
Under Sections 6 to 8 in Chapter II of the CPA the setting up of the CPC is mandatory which provides for the establishment of the council at the Central and state levels for the avowed purpose of promoting and protecting the rights of the consumers.
Initially, the provisions were not compulsory, but the Consumer Protection (Amendment) Act of 2002 made the creation of councils mandatory by incorporating Section 8A, which states that the state government (UT administration) shall establish for every district by notification, a council to be known as the District Consumer Protection Council (DCPC) with effect from such date as it may specify in such notification.
The DCPC would consist of members such as the Collector of the district who would be the chairman and such number of other official and non-official members representing such interests as may be prescribed by the state government.
The council would meet as and when necessary but not less than two meeting to be held every year and the members would meet at such a time and place within the district as the chairman may think fit and would observe such procedures in regard to the transaction of its business as may be prescribed.
Chandigarh, Consumer Courts Bar Association president Pankaj Chandgothia, said, "The amendment was made effective from March 15, 2003 (World Consumer Day), but even after more than 8 years of the amendment, the UT administration continues to ignore the legislative intent adversely affecting the consumer protection movement in this area”.
Recently, in a DO letter to the departments concerned, GN Sreekumaran, joint secretary, Ministry of Consumer Affairs, New Delhi, has stressed upon the need for establishing the district and state councils, at the earliest.
Chandgothia further alleged that in the absence of these statutory councils, private consumer protection associations were mushrooming, some of which were exploiting the consumers on the pretext of guidance.

Capt meets Khursheed on Anand Karaj Act

Chandigarh, September 13After meeting Prime Minister Manmohan Singh for the introduction of the Anand Karaj (Marriage) Act, Punjab Pradesh Congress Committee President Capt Amarinder Singh met the Union Law Minister Salman Khursheed in New Delhi last evening.
He was accompanied by a delegation of senior party leaders, including Lal Singh, Sukhdev Singh Libra, Rana Sodhi, Rana Gurjit Singh, Harminder Jassi and Tript Rajinder Singh Bajwa, from Punjab. Capt disclosed that Khursheed had also met the Prime Minister on the issue.
He said the minister told him that the Congress-led UPA Government was taking necessary measures for the introduction of the Act. “We are expecting the things to move faster on the issue,” he disclosed, while adding that the process had already been set into motion on the matter.
The PCC President said it was quite a fruitful meeting and the minister was quite in agreement with their viewpoint.
“All the necessary measures had been initiated and the process will be completed very soon. Khursheed appreciated and understood the concern of the party leadership from Punjab and said that the Government of India was already seized of the matter,” added Capt.
This was the second meeting of the PCC President in pursuit of getting the Anand Karaj (Marriage) Act passed and implemented.
Earlier, Amarinder Singh led a delegation to meet the Prime Minister, who had also spoken to the Union Home Minister, P Chidambaram, and Union Law Minister Salman Khursheed on the matter.

SC uphelds death for Ludhiana man

Convicted for killing wife, three children

New Delhi, September 13
The Supreme Court today upheld the death sentence awarded to a Ludhiana man convicted for killing his wife, two daughters and a son by setting them ablaze after pouring petrol on them in April 2003.
The crime had taken place in Mumbai’s Shere-Punjab colony, Andheri, where the convict, Ajitsingh Harnamsingh Gujral, had shifted after suffering business losses in Ludhiana.
A Bench comprising Justices Markandey Katju and CK Prasad said a person like Gujral “who instead of doing his duty of protecting his family kills them in such a cruel and barbaric manner cannot be reformed or rehabilitated. The balance sheet is heavily against him and accordingly we uphold the death sentence awarded to him.”
Acknowledging that the killings were followed by a quarrel with his wife at midnight, the Bench, however, noted that the fact he had brought a large quantity of petrol into his house showed that he had pre-planned the “diabolical and gruesome murder in a dastardly manner.” The murders therefore fell under the “rarest of rare” category warranting death penalty, it asserted.
Gujral had committed the crime about 27 years after his marriage with Kanwaljeet Kaur. The other victims were his son, Amandeep Singh, aged 20, and the two daughters, Neeti and Taniya, aged 22 and 13. The apex court said it was legally bound to award death sentences in such cases despite the fact that the death penalty had been abolished in 96 countries and had not been used in 34 countries for a long period of time. “As long as death penalty exists in the statute book it has to be imposed in some cases, otherwise it will tantamount to repeal of the death penalty by the judiciary,” the Bench noted.
The SC also pointed out that its role was restricted to going into the question of imposing death penalties as it was “not dealing with mercy petitions under Article 72 and 161 of the Constitution.”

British national indicted

Case of Drug Peddling

Chandigarh, September 12Additional District and Sessions Judge Lalit Batra today framed charges against a British national, Napper Ned ’O Conner Tandy, in connection with a drug peddling case.
The crime branch of the Chandigarh Police had on July 16 arrested the British national on charges of possessing charas and psychotropic tablets.
Nineteen-year-old Tandy, a resident of London, was arrested from Sector-38 West during a checking drive.
The accused was riding a motorcycle without helmet. On being signalled to stop, Tandy tried to flee. During search, the police found 40 gram charas and psychotropic tablets from his pocket.
Tandy was on a tourist visa valid till November 8. He had arrived in India on May 22 and purchased a Bullet motorcycle (HR 12 E 7183) from a mechanic before heading to Manali in Himachal Pradesh and Ladakh.

Welcome to New Chandigarh

 It’s official -- green signal to urban estate

Mohali, September 12
The much-awaited 740-plot phase I of the Mullanpur urban estate will be floated on September 21 and applicants will be given a month to apply under the scheme. The site is located 7 km from the PGI in Chandigarh.
The decision follows approval to the project by the executive committee of the Greater Mohali Area Development Authority (GMADA) during a meeting under the chairmanship of Punjab Chief Secretary SC Agrawal.
For the first time, applications will also be received online. The draw of lots will be held on November 30. The letter of intent will be issued within a month of the draw of lots.
Allottees will be given 120 days from the date of draw of lots to deposit 95 per cent of the cost of the plot, a decision taken to keep speculators out.
To solve the problem of finance, GMADA is contemplating a tripartite agreement between banks, GMADA and allottees so that the cost can be paid within the period specified.
A senior GMADA official said after past experiences like Aerocity, it was decided to limit the schedule of payment of 95 per cent of plot cost to four months, between December, 2011, and March, 2012, from the date of draw of lots.
The letter of allotment would be issued once the 95 per cent of the cost was paid. In case of Aerocity, over three lakh applicants, mostly from outside Punjab and speculators, had applied and the margin money increased prices to an unimaginable level. GMADA Chief Administrator Sarvjit Singh said he could comment only after minutes of the meeting were issued.
As per the draft, the scheme was for bona fide residents of Punjab and Chandigarh. Employees of the Punjab and Haryana High Court were also eligible to apply. Applications would also be received online this time. This yardstick would apply to future housing schemes as well.

Project at a glance

n GMADA allows end users to buy property straightaway
n Only for bona fide Punjab and Chandigarh residents
n Those who own or have been allotted a plot are not eligible
n 100 sq yd, 125 sq yd, 150 sq yd, 200 sq yd, 250 sq yd, 300 sq yd, 400 sq yd, 500 sq yd plots
n Prices between Rs 15,000 per sq yd (for 100 sq yd) and Rs 19,000 per sq yd (for 500 sq yd)
n 95 per cent of plot cost to be paid within 120 days of date of draw of lots.