Citizens' Issues
Mumbai local trains continue to kill about 10-12 commuters every day

Mumbai continues to witness more deaths on tracks due the apathy shown by the Railways either while dealing with traffic situation or helping victims in the golden hour

 

Mumbai's suburban train network or local trains, continue to kill about 10-15 commuters and injure 15-20 people every day in rail related accidents. Although, the suburban rail network is labelled as Mumbai's lifeline, the same is increasing turning into a 'deathline' for some commuters. In fact, several times in the past, the Railways have incurred the wrath of the Bombay High Court and yet, there is no respite for commuters.

 

According to railway police statistics, about 3,600 people die and over 4,000 are injured every year, with activists blaming overcrowding and the lackadaisical attitude of railway authorities for the mishaps. Samir Zaveri, who lost both his legs at the age of 16 and is now helping improve railway services, said, "There is a failure to provide first aid and a delay in taking injured commuters to hospitals. Since ambulances are not available at railway stations, many commuters bleed to death.”

 

During 2012, in Mumbai alone, around 3,541 people died while 3,808 were injured in railway accidents. This happens due to overcrowding of suburban or local trains.

 

Specifically, a twelve-car rake carries over 8,000 passengers against its carrying capacity of 1,800, which leads to unbearably overcrowded trains during peak hours.

 

The once efficient suburban rail network is the lifeline of Mumbai, however over the past two decades, it is creaking under the weight of passenger influx, corruption and lack of investment in upgrading infrastructure. The extraordinary crowding of trains and poor commuter facilities as stations makes the Mumbai suburban train system so prone to accidents that nearly 10 people die in railway mishaps every day – a figure that would have made frontpage news anywhere else in the world but meets with apathy in India.

 

Earlier this month, the Bombay HC, while hearing a petition filed by Samir Zaveri rapped the Railways for its plan to levy a 'golden hour cess' to fund setting up emergency medical rooms at 15 stations. A division bench of Justice Abhay Oka and Justice Ajay Gadkari, said, ''This (providing medical aid) is your constitutional and legal obligation. You want to recover cess from passengers for providing medical help?''

 

The HC has scheduled the next hearing of the case on 24 December 2014, and have asked the railways to file its affidavit on the issue.

 

After a trauma centre was set up at Dadar railway station on the orders of the court, the HC in March 2013 ordered the Railways to consider setting up such rooms at other major stations — Churchgate, Mumbai Central, Bandra, Andheri, Borivli, Vasai, Palghar, Kurla, Thane, Dombivli, Kalyan, Karjat, Wadala, Vashi and Panvel — which had seen over a 100 accidents in the previous year.

 

The suburban railway system in Mumbai is the most complex, densely loaded and intensively utilised system in the world and has the highest passenger density in the world—over 70 lakh commuters travel every day.

 

Moneylife Foundation has set up the Samir Zaveri Railway Helpline that provides email assistance to all commuters. (http://foundation.moneylife.in/?page_id=6196)

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Civil society, NGOs to be asked to help guard rail crossings

Railway Minister Prabhu said due to financial constraints, the Railways has not been able to guard each and every level crossing and efforts were on to gather resources for the purpose

 

Civil society, NGOs, socio- political organisations will be asked to provide volunteers to guard more than 11,000 unmanned railway crossings across the country to minimise death on tracks, Lok Sabha was told today .

 

Railway Minister Suresh Prabhu said during Question Hour that a decision has been taken to publish advertisements inviting civil society, NGOs, socio-political organisations to provide volunteers to guard the unmanned railway crossings.

 

Prabhu said 18,735 people have lost their lives in railway accidents this year till October of which 5,000 alone in areas falling under the Northern Railway zone.

 

Prabhu said that due to financial constraints, the Railways has not been able to guard each and every level crossing and efforts were on to gather resources for the purpose.

 

"We will also see whether home guards can be deployed in unmanned railway crossings," he said.

 

Replying to a supplementary, he said it was practically not possible to set up a hospital at each station but whenever an injured person is found, the guard of the concerned train informs the station superintendent of the nearest station, who arranges for medical assistance to the injured besides informing police.

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MVL Limited shall abstain from collecting any money from investors: SEBI

SEBI, has passed an order under the SEBI Act, 1992 read with Regulation 65 of the SEBI (Collective Investment Scheme) Regulations, 1999 in the matter of MVL Limited

 

“MVL Limited shall abstain from collecting any money from the investors or launch or carry out any Collective Investment Schemes including the schemes which have been identified as a Collective Investment Scheme in this Order,” Prashant Saran, Whole Time Member of SEBI, said in his order on 19 December 2014 on MVL Limited.

 

The order on MVL Limited is also binding on its directors viz., Prem Adip Rishi, Praveen Kumar, Rakesh Gupta, Vinod Malik, Vinod Kumar Khurana, Vijay Kumar Sood and Kalpana Gupta.

 

According to the SEBI order, the company should wind up the existing Collective Investment Schemes and refund the monies collected by it under the schemes with returns which are due to its investors as per the terms of offer within a period of three months from the date of this Order. Thereafter, the company should within a period of fifteen days, submit a winding up and repayment report to SEBI in accordance with the SEBI (Collective Investment Schemes) Regulations, 1999, including the trail of funds claimed to be refunded, bank account statements indicating refund to the investors and receipt from the investors acknowledging such refunds.

 

The company should not alienate or dispose off or sell any of its assets, except for the purpose of making refunds to its investors. The directors of the company are also required to immediately submit the complete and detailed inventory of the assets owned by MVL Limited.

 

As per the SEBI Order, the company and its directors are restrained from accessing the securities market and are prohibited from buying, selling or otherwise dealing in securities market for a period of four years.

 

SEBI, has passed the above order under the SEBI Act, 1992 read with Regulation 65 of the SEBI (Collective Investment Scheme) Regulations, 1999 in the matter of MVL Limited.

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COMMENTS

chetan aggarwal

11 months ago

Judgement against MVL from Apex consumer court
National Consumer commission judgment Case numbers CC/142/2012, CC/158/2014 and CC/356/2014

Background of cases
17 buyers filled three cases in NCDRC for fraudulent practices adopted by M/S MVL Limited in their project MVL Coral, Bhiwadi, Rajasthan . M/s MVL Limited floated a scheme in the year 2006 and aggressively marketed the said project promising high living luxury apartments, specially designed Swimming Pool, 24 hour power back up, Modular Kitchen, Covered Car Parking, Garden, Play Area, Security Club house, Rain Water Harvesting, Wifi Internet, Gymnasium etc. The project was planned with five towers namely Avenue-1,2,3,4 and 5. Out of 5 towers, only tower no. 5 has been constructed at site as per approved layout plan. The numbering and layout plans of all other towers were changed for unprecedented gains by the builder. 3 complainants had booked in tower-5 and all others in other towers. MVL Limited could not obtain mandatory occupancy certificate for the said project.
Court Orders
In its order, the NCDRC on 7-12-2015 said 3 buyers of tower-5 will take possession. MVL Limited is directed to furnish the occupation certificate, within 9 months from date of orders, as agreed, otherwise, it will carry additional penalty in the sum of Rs.2,000/ per day for each of the complainants, after the expiry of said 9 months. There was a delay in providing possession in the premises in dispute. Consequently, they be paid penalty of delayed possession @ 15% per year,
till the possession is given. MVL Limited is also directed to provide covered car parking, club membership, power backup, park facing flat, wherever applicable and corner flat, wherever is applicable, as mentioned in the agreement, within a period of 9 months, as already ordered, otherwise, it will return the entire amounts paid by the complainants, along with interest @15% p.a. from the date of receipt of the money, till realization.
For all other complainants commission noted MVL Ltd. had changed its original plans and increased the number of floors, flooring area, ratio and density per acre. It has caused inordinate delay in completion of said projects. It has changed zoning plans, usage pattern, super area, carpet area and alteration of structures. This is an indisputable fact that the MVL Limited, of its own accord, arbitrarily and despotically, without seeking the consent of the allottees, has changed the tower number. This is deficiency on its part. The consumers cannot be compelled to accept the flats according to the sweet choice of the builder. The choice of builder cannot be imposed upon the consumers. It would be worst kind of highhandedness on the part of the builder.

Consequently, all other complainants are entitled of refund of money. All the remaining complainants shall be refunded the money that they had paid with interest @15% p.a from the date they paid till realization.
All the complainants are entitled to costs in the sum of Rs.25,000/each complainant.

chetan aggarwal

11 months ago

Judgement against MVL from Apex consumer court
National Consumer commission judgment Case numbers CC/142/2012, CC/158/2014 and CC/356/2014

Background of cases
17 buyers filled three cases in NCDRC for fraudulent practices adopted by M/S MVL Limited in their project MVL Coral, Bhiwadi, Rajasthan . M/s MVL Limited floated a scheme in the year 2006 and aggressively marketed the said project promising high living luxury apartments, specially designed Swimming Pool, 24 hour power back up, Modular Kitchen, Covered Car Parking, Garden, Play Area, Security Club house, Rain Water Harvesting, Wifi Internet, Gymnasium etc. The project was planned with five towers namely Avenue-1,2,3,4 and 5. Out of 5 towers, only tower no. 5 has been constructed at site as per approved layout plan. The numbering and layout plans of all other towers were changed for unprecedented gains by the builder. 3 complainants had booked in tower-5 and all others in other towers. MVL Limited could not obtain mandatory occupancy certificate for the said project..

Court Orders
In its order, the NCDRC on 7-12-2015 said 3 buyers of tower-5 will take possession. MVL Limited is directed to furnish the occupation certificate, within 9 months from date of orders, as agreed, otherwise, it will carry additional penalty in the sum of Rs.2,000/ per day for each of the complainants, after the expiry of said 9 months. There was a delay in providing possession in the premises in dispute. Consequently, they be paid penalty of delayed possession @ 15% per year,
till the possession is given. MVL Limited is also directed to provide covered car parking, club membership, power backup, park facing flat, wherever applicable and corner flat, wherever is applicable, as mentioned in the agreement, within a period of 9 months, as already ordered, otherwise, it will return the entire amounts paid by the complainants, along with interest @15% p.a. from the date of receipt of the money, till realization.
For all other complainants commission noted MVL Ltd. had changed its original plans and increased the number of floors, flooring area, ratio and density per acre. It has caused inordinate delay in completion of said projects. It has changed zoning plans, usage pattern, super area, carpet area and alteration of structures. This is an indisputable fact that the MVL Limited, of its own accord, arbitrarily and despotically, without seeking the consent of the allottees, has changed the tower number. This is deficiency on its part. The consumers cannot be compelled to accept the flats according to the sweet choice of the builder. The choice of builder cannot be imposed upon the consumers. It would be worst kind of highhandedness on the part of the builder.

Consequently, all other complainants are entitled of refund of money. All the remaining complainants shall be refunded the money that they had paid with interest @15% p.a from the date they paid till realization.
All the complainants are entitled to costs in the sum of Rs.25,000/each complainant.

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