Immigration firm booked for fraud

Chandigarh, October 27
Tightening its noose around the immigration firms, which are duping people on the pretext of sending them abroad, the Chandigarh Police registered another case against a Sector 34-based immigration firm, AKME Carrier World, on the complaint of Rajnish Anand hailing from Punjab for duping him of Rs 9 lakh.

According to the police, Rajnish, a resident of Kathgarh village near Balachaur in Nawanshahr district, alleged that even after paying Rs 9 lakh to the immigration firm, neither he was sent abroad nor the firm returned his money.

The police said the complainant was promised that he would be sent abroad, however, despite repeated requests neither he was sent abroad nor his money was returned.

Policemen said at present they had come across a single complaint against the immigration firm, however, during investigation they would be tracing other customers to establish whether there are more victims of the immigration fraud.

On the basis of the complaint, an investigation has been initiated and a case under Sections 420 (forgery) and 120 (criminal conspiracy) of the IPC has been registered.

Immigration firm told to refund Rs 45,000 by Consumer Court

Chandigarh, October 27
The District Consumer Disputes Redressal Forum-I slapped a fine of Rs 15,000 on an immigration firm, Canin Worldwide Consultants Private Limited, for its failure in providing work visa within six months to a resident of Nawanshahr.

The complainant, Sarbjit Singh, said he had applied for work permit for Canada on October 23, 2009 by paying Rs 53,500 to the opposite party, which had assured that if the work visa is not arranged within six months then Rs 45,000 would be refunded, as per the clause 7 of the contract agreement entered between them. The complainant further paid US$300 as per the agreement. The complainant alleged that thereafter he approached the opposite party a number of times but it put off the matter on one pretext or the other by giving false assurances.

No one appeared on behalf of the immigration firm.

The district forum comprising of president PD Goel and members, Rajinder Singh Gill and Madanjir Kaur Sahota, observed that the opposite party has failed to arrange the work visa within the stipulated period of six months. The opposite party also failed to provide the promised services, which amounts to deficiency in service and indulgence in unfair trade practice on part of the opposite party. Otherwise also, the allegations made in the complaint have gone un-rebutted, as nobody appeared on behalf of the opposite party to contest the case. The forum also directed the immigration firm to refund Rs 45,000 to the complainant, besides Rs 2,500 as the costs of litigation failing the opposite party would be liable to pay the entire amount to the complainant, along with the interest of 12 per cent per annum from the date of filing of the complaint till realisation.

Consumer court raps Chandigarh Estate Office

Admn fined Rs 50,000 for procedural wranglings

Chandigarh, October 27
Showcasing illegality in official proceedings and causing public harassment due to procedural wrangling has been highlighted in a severe reprimand that the estate office of the UT Administration recently received at the hands of a local consumer court.

The court has since ordered the Administration to pay Rs 25,000 each to Avtar Singh and Anup Singh in a case pertaining to harassment and delay caused in transfer of a property in Sector 35 in their names.

The Administration was also asked to pay litigation costs of Rs 5,500. It was also asked to recover the amount along with interest and costs from the salary of the defaulting officials due to whose inaction the matter was delayed.

Surmukh Singh, Babbar Singh and Lakhbir Singh had obtained a no-objection certificate (NOC) from the estate office for the sale of 50 per cent of a property in Sector 35 in the name of Avtar Singh and Jagtar Singh, sons of Anup Singh. Surmukh Singh, who was in the Army, was asked to cancel his leave and return to duty and the sale deed could not be executed. He executed a power of attorney with the sub-registrar who registered the sale deed in the name of the buyers.

Later, Avtar Singh applied for transfer of property in his name, which the estate office kept pending. The complainant was asked to submit Rs 12,000, which he did. Even then, the matter was not disposed of. The estate office took the position that the sellers had not informed it that they were selling the house through general power of attorney (GPA) and that the estate office had not been supplied a copy of the rectified sale deed.

After going through details of the case, the court said: “The approach of the estate office in this regard was not only unjustified but also illegal.” It had not been able to cite any law under which it was required to be informed by the complainant or the owner about the execution of a power of attorney. And the orders issued by the authorities were not binding, it stated.

The order read: “It is desired that such like office orders pertaining to the rights of the general public should be examined by the estate office in light of the law of the land before issuing the same. We have no hesitation in concluding that the owner of the property has a right to execute the GPA for the transfer of ownership rights in favour of the person an owner likes.”

Most NRIs duped of property, cash by their own near and dear ones

Jalandhar, October 24
Usurping of their valuable property, be it land or plush homes or misuse of money by none other but their own near and dear ones back home are the major sources of tension for the NRIs staying in different parts of the world.
More than 80 per cent of NRIs remain disturbed because their lands have been usurped as has the money sent by them for some good cause like building of a new house or purchase of a new piece of land. There is hardly any solution in sight for them because either they have to enter into a compromise with wily relatives for local pressures or they have to make rounds of courts for years together which, was hardly any viable option for most of them.
“Hundreds of NRIs are grappling with problems related to forcible occupation of their lands back home by their own relatives and near and dear ones. In most cases, the NRIs send money to their relatives for building of new homes with a hope that they might be able to come and enjoy a brief stay in the comfort of their own homes but this dream rarely turns into a reality for them. In most cases, the money sent by NRIs to their families back home is usurped by their own brothers or sisters. Discord within the family is the biggest factor that has been depriving NRIs of their sleep,” said Khushi Ram, a former IAS officer and the Executive Director the NRI Sabha, Punjab which. About 16000 members are registered with the NRI Sabha, an NGO which enjoys the patronage of the Punjab Chief Minister and was headed by the Jalandhar Divisional Commissioner Anurag Verma as its Chairman.
Since, most NRIs hail from the Doaba region of Punjab, the complaints or cases are mostly related to NRIs belonging to Jalandhar, Hoshiarpur, Nawanshahr and Kapurthala districts.
The Sabha, according to Khushi Ram, has been able to solve as many as 401 cases out of a total of 556 cases instituted between January and September. Most of the cases or complaints were solved by way of compromise. “In fact, NRIs are not aware of whom to approach in case of a difficulty. They should contact the sabha via e-mail or telephonically. We keep following their complaints till they are disposed off,” said Khushi Ram. He said contrary to the common perception, the NRI police stations were also doing a good job by mediating and bringing about a compromise between the aggrieved parties.
Despite having no executive powers, the Sabha, Khsuhi Ram claimed, was able to solve 80 per cent of problems of NRIs by way of compromise between the warring parties. “The response of the NRIs has been tremendous of late. They have started trusting the Sabha for even smaller matters,” said Khushi Ram.

Illegal detention: A$600k relief likely for Indian student

Melbourne, October 24
An Indian student, who was detained in 2004 by Australian immigration authorities for violating visa rules, is likely to get a whopping compensation of 600,000 Australian dollars after the country’s human rights body termed his detention as ‘arbitrary’.
Prashant Cherkupalli (31) was detained in late 2004 by Australia’s Department of Immigration and Citizenship for working at a bakery in Western Sydney despite having “no work” condition on his visa.
Cherkupalli, a student of engineering, had spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006. Since then he has been living on bridging visas there. He had lodged a case with the Australian Human Rights Commission, which released its findings earlier this month.
Cherkupalli’s lawyer Tom Mithieux said his detention was found by the Human Rights Commission to be an arbitrary detention and breached the Migration Act. The commission subsequently made recommendations in relation to compensation and also on an apology among others.
Human Rights Commissioner Catherine Branson found that Cherkupalli should be paid 597,000 dollars in compensation for the 509 days he was illegally detained.
“The commission also found Cherkupalli should be paid nearly 600,000 Australian dollars in compensation. It takes into account general damages, which is generally looking at the hurt and humiliation I suppose of being arbitrarily detained for that period of time. There is also some scope for past economic loss,” Mithieux said.
“I came to Australia to get a job and get a permit and to settle down, but things have gone wrong for me and I ended up in detention, where I should not end up,” Cherkupalli was quoted as saying by ABC news.
“It’s not easy, counting every day to get out from there and back on the studies and back on the job,” Cherkupalli said.
The commission’s recommendations, however, are not binding on the Federal Government and Cherkupalli still faces deportation.
Mithieux said Cherkupalli should instead be granted permanent residency by Immigration Minister Chris Bowen.
“There have been requests for ministerial intervention in the past. They have been rejected,” he said.
However, in light of these findings, the minister has again been called to intervene and to put Cherkupalli in a position that he would have been but for this period of detention, which really means giving him permanent residency.
The Immigration Department says it will respond to the commission’s report by the end of the week. Cherkupalli’s lawyers have also lodged a claim for unlawful imprisonment in the New South Wales Supreme Court.

Visa Hassle

Prashant Cherkupalli was detained in late 2004 by Australia's Department of Immigration and Citizenship for working at a bakery in Sydney despite having "no work" condition on his visa.
Cherkupalli, an engineering student, spent nearly 18 months in southwestern Sydney's Villawood Immigration Detention Centre before he was released in April 2006.
He lodged a case with the Australian Human Rights Commission, which termed his detention as arbitrary and said he should be paid nearly 600,000 AUD in compensation.

Kanimozhi stays in jail, Amar gets bail

Court reserves Kanimozhi bail plea order till Nov 3

No bail for Yeddyurappa as well BJP's first Chief Minister in the south, BS Yeddyurappa also prepared to spend a lonely Diwali behind bars with the Karnataka High Court adjourning his bail hearing on Monday on grounds that the arguments were inconclusive.

New Delhi, October 24
DMK MP Kanimozhi and six other accused in the 2G Spectrum allocation scam will have to stay behind bars on Diwali as a Central Bureau of Investigation (CBI) court here today reserved orders on their bail pleas till November 3.
However, as the CBI told the trial court that it did not have any objection to letting Kanimozhi out, the prospects of the Rajya Sabha MP getting bail next week have brightened.
Daughter of former Tamil Nadu Chief Minister and DMK supremo K Karunanidhi, Kanimozhi has been lodged in the Tihar Jail since May 20.
Arguing before Special CBI Judge OP Saini, the CBI also did not oppose the bail pleas of Sharmad Kumar (MD of Kalaignar TV), Asif Balwa and Rajiv Agarwal (Directors of Kusegaon Fruits and Vegetables) and Karim Morani (Bollywood producer).
The trial court will deliver its verdict on the bail pleas on November 3.
“Of course, bail should be granted to them subject to the discretion of the court” by imposing restrictions on them, if necessary, for ensuring their presence during the trial, Special Public Prosecutor UU Lalit said.
Balwa, Agarwal and Morani allegedly served as conduits for the investment of Rs 206 crore in Kalaignar TV by Shahid Balwa, promoter of Swan Telecom that reportedly benefited from the scam. Kanimozhi is a director of the television company, named after Karunanidhi, who is fondly called by his political followers as “Kalaignar”, a Tamil word meaning scholar.
However, the CBI opposed the bail pleas of Shahid Balwa and RK Chandolia, who was private secretary to A Raja, the then Telecom Minister who is the prime accused in the case. On October 22, the trial court framed charges against all 17 accused in the case.
Explaining the logic behind supporting the bail pleas of Kanimozhi and four others, the CBI said the gravity of their offence was less than that of Shahid Balwa and Chandolia. If convicted, Kanimozhi and the four faced a maximum punishment of five years, while the other two would be sentenced to a longer period, Lalit argued.
Arguing for Kanimozhi and Kumar, senior advocate Altaf Ahmed said the Supreme Court had clarified on June 22 that his clients would be free to seek bail afresh after the framing of charges.
The other accused have sought bail on various grounds — health, proposed marriage of daughters and the social stigma associated with being behind the bars for a long duration.

Parking contractor fined Rs 20,000

Chandigarh, October 24
The District Consumer Disputes Redressal Forum-II has imposed a fine of Rs 20,000 on a parking contractor of Sector 8, Chandigarh. The forum comprising president Lakshman Sharma and member Jaswinder Singh Sidhu also directed the respondent, Sanjeev Kumar, to pay Rs 7,000 as litigation costs.
The complainant, Shashi Kant Wadhawan, a resident of Sector 10, averred that he had parked his car in the parking lot of Sector 8, Chandigarh. On return, he found his car missing. The parking lot attendants refused to divulge any information or help him out. Ultimately, he reported the matter to the police and an FIR was lodged at the Sector 3 police station. He said though the insured declared value of the car was paid to him by the insurance company, he did not get money for wheel alloys, car stereo, central locking and gear lock.
Counsel for the parking contractor denied all allegations and pleaded that no document had been placed before the forum to prove that the complainant had ever visited the tennis ground in Sector 10. He said there was no mention of wheel alloys, stereo or tennis kit in the FIR. The forum observed that the complainant had failed to prove that the accessories of the vehicle were affixed with the car and the tennis kit was lying in the car. Therefore, he would not be compensated for these articles.