MCD gave the Wilson Survey report to a private firm and nobody bothered to retrieve it. The CIC directed the additional commissioner to retrieve the report and provide a copy to the appellant. This is 164th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while allowing an appeal, directed additional commissioner for establishment at Municipal Corporation of Delhi (MCD) to obtain the Wilson Survey report from a private firm and provide copy of page no230 to the appellant.
While giving this judgement on 12 July 2011, Shailesh Gandhi, the then Central Information Commissioner said, “The survey report was given to INTACH in 2007 and nobody in MCD seems to have bothered to retrieve it from INTACH. The additional commissioner for establishment at MCD is directed to retrieve the Wilson Survey report and provide a copy of sheet no. 230 of the said report to the Appellant before 10 August 2011.”
New Delhi resident Ved Prakash Sharma, on 19 October 2010, sought from the Public Information Officer (PIO) of Land and Estate Department at MCD information about the Wilson Survey carried out by the MCD. Here is the information he sought and the reply provide by the PIO under the RTI Act...
1. In the year 1910-11-12, there was a survey by the permission of the Municipal Committee Delhi which is popularly known as Wilson Survey.
Please furnish details from that survey Sheet No.230 which is related to the Pahadganj.
PIO's reply- Wilson Survey Sheet had been provided to the Municipal Employment Department. Later, as per DC/City Zone requirement, the record was given to the Assistant Commissioner, Akhil Ahmed of Building Department/City Zone dated 25 November 2007 letter no.D/205/DC/C-2//2007 on 16 October 2007. The Appellant could enquire for the city areas as per his own convenience.
Citing information provided by the PIO as unsatisfactory, Sharma, the appellant filed his first appeal.
In his order, the First Appellate Authority (FAA) directed the PIO to provide the correct information to the appellant within seven days failing which the penal provision of the act will be invoked against him.
On 7 April 2011, the PIO replied saying, "As per the record of Municipal Corporation of Delhi City Area, Wilson survey Sheet charge has been given to the M/s INTACH dated 14 July 2009."
Not satisfied with the PIO's reply, Sharma then approached the CIC with his second appeal.
During the hearing, Mr Gandhi noted that the appellant has been seeking sheet no230 of the Wilson Survey report. He said, "The RTI application has been sent to various PIOs and it now emerges that this appears to have been given to INTACH in 2007 and nobody in MCD seems to have bothered to retrieve it from INTACH."
The PIOs present before the Bench were not clear as to who should retrieve from INTACH.
While allowing the appeal, Mr Gandhi, directed the additional commissioner for establishment (MCD) to retrieve the Wilson Survey report and provide a copy of sheet no. 230 of the said report to Sharma before 10 August 2011.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2011/001421/13402
Appeal No. CIC/SG/A/2011/001421
Appellant : Ved Prakash Sharma
Respondent : TP Sharma
PIO & AC,
Land and Estate Department
Municipal Corporation of Delhi
7th Floor, Civic Centre, Minto Road,
According to an additional commissioner of police, the EOW has frozen six bank accounts of QNet that have Rs46 crore as balance, and their teams would soon visit Bengaluru and Chennai to arrest some suspects
Economic offences wing (EOW) of Mumbai police, which is probing Hong Kong-based controversial multi-level marketing (MLM) operator QNet has so far frozen six bank accounts related with the company.
According to a report from the Times of India, these bank accounts have a balance of Rs46 crore. In addition, Manjunath Hegde, arrested in this cheating case, has been sent to judicial custody, the report says.
"We have asked the firm to submit all documents. Some office-bearers have approached the Sessions Court for anticipatory bail," the report says quoting, Rajvardhan Sinha, additional commissioner of police, Mumbai.
Sinha told the newspaper that over 50 complainants have approached them in the QNet cheating case and the police will again visit Bengaluru and Chennai to arrest suspects.
Earlier this month, EOW registered a case against QNet, for allegedly duping thousands of investors by selling them plastic and glass products terming them miraculous objects for treating severe diseases like Cancer.
The complainant, Gurupreet Singh Anand, a computer consultant from Lokhandawala, Andheri in his first information report (FIR) stated that his wife was duped for Rs30,000 by some people who had introduced themselves as the independent representatives (IRs) of QNet. Anand told the police, “They (IRs) had said that one of the bio-products my wife bought could be used to treat my 12-year-old son's brain-related diseases.”
The FIR names five accused, including QNet's Hong Kong-based founder Dato Vijay Eswaran, a Malaysian by birth and an Indian by ethnicity, who is photographed hobnobbing with the Prince of Saudi Arabia, in order to enhance its credibility in the Gulf.
What is QNet?
QuestNet and GoldQuest, the MLM companies that had shut shop in 2009 following police action are back with a bigger bang. They now call themselves as QNet and are thriving in an environment where tens of thousands of Ponzis and MLM companies are able to lure people into believing that they have the formula to instant riches and a high growth career.
While QuestNet and GoldQuest, which mainly sold numismatic gold coins (they claimed they were limited edition coins that whose value would increase over time) in 2009 were forced to shut shop in India, their new avatar QNet offers a broader range of lifestyle ‘enhancing’ products (holiday packages, diamond watches, bio-discs, Chi-Pendants and herbal products for anything between Rs30,000 to Rs7 lakh), which promise fabulously high returns so long as new distributors are enrolled rapidly. Its product brochure says, “With 8 ways to earn and up to 50% of the sales paid out in commissions, QNET offers the most dynamic and innovative compensation plan in the direct selling profession.”
Like SpeakAsia, QNet is also registered in Singapore and has been banned in many countries, including Iran. In 2007, APLI, the direct selling Association of Indonesia, considered GoldQuest or QuestNet as a pyramid scheme.
According to Wikipedia.org, QNET has received a Fatwa by Dar al-Ifta that its business is not halal within Islamic law on the basis that it could harm the Egyptian economy. The company has also been accused of operating a product-based pyramid scheme.
At the end of August 2012, the Ministry Of Commerce and Industry of Saudi Arabia banned Qnet accusing it of stealing and falsification as well as not being registered with the ministry. Furthermore, a message was published on the official website of the Saudi Arabian Ministry of Commerce and Industry warning the Saudi Arabian people not to be involved in such schemes under any pressure of false promises, mentioning the company name 'QNet' specifically as one on those fraudulent schemes operating in the country.
The governments of India, Iran, Indonesia, Nepal, Rwanda, Saudi Arabia, Sri Lanka, The Sudan, Syria, and Turkey have at various points shutdown local offices of the company, arrested key members involved with the company, or pre-emptively banned the company from entering, Wikipedia.org, says.
According to Wikipedia.org, QNet's business model has been described as a simple pyramid scheme, where initial entrants to the scheme do make money, but as the number of independent representatives (IR) increases, finding more IR's becomes harder and harder, until those that join late are unable to recover even their initial outlay and the model collapses.
The compensation plan operates by the recruitment of customers by existing IR. An IR is provided with an ID that gives access to a 'tracking centre' (TC) in its computer system through which the IR's sales are tracked. A TC has a left and right customer group. Every customer owns a TC which is then placed on the left or right customer side of the IR's TC. A 'direct' transaction (a customer's personal reference or sale) is counted as one transaction. An 'indirect’ transaction (someone in the cusomer's TC buys/refers/sells) is also, counted as one transaction. The company pays $250 each time three product sales on an IR's left customer group are matched by three product sales on the right.
RYTHM foundation -derived from the acronym 'Raise Yourself To Help Mankind'- is a charity organization created by QI Group.
What QNet sells?
At Present, QNet mainly markets products made by other subsidiary companies of QI Group. The products are in travel packages, nutrition, personal care, home care, collectibles, fashion accessories and education.
One of the products being marketed by the company is the Amezcua Bio Disc (also spelled BioDisc and BioDisk) which the company claims can "redefine and harmonise the energy of water, greatly maximising its positive affect on the human body". These and other detailed claims of often miraculous properties have been widely denounced as fraudulent by various scientists, media commentators and watchdog organisations. Critics have noted that the claims are based on thoroughly debunked pseudoscientific concepts such as hexagonal water and that they have never been validated by a peer-reviewed process. QNet has stated in a document published to its representatives that there are no known test and approval bodies to date on such products, Wikipedia.org says.
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It is unlikely that the entire benefit from rupee depreciation will flow to margins in the IT services industry, since market share shifts remain the big growth driver says Nomura
HCL Technologies and Tech Mahindra have until now shown rupee depreciation benefits in margins. Since they do not have near-term pressure on margins, they are likely to continue to show higher benefits of rupee depreciation in margins, says Nomura Financial Advisory and Securities (India) Pvt Ltd in a research note on Indian IT services industry.
Nomura says, both HCL and Tech Mahindra, followed by Infosys and TCS, will be gainers from the rupee depreciation in the forex market.
“Rupee depreciation theoretically benefits margins of IT companies as a large proportion of costs are in rupees, while revenues are largely in foreign currency. The theoretical sensitivity of US dollar and Indian rupee to margins is about 30 basis points (bps) for every 1% depreciation in domestic currency and about 1.5% on earnings for every 1% rupee depreciation,” the research note said.
The impact of rupee depreciation on specific software companies is shown in the table below:
However, it is unlikely that the entire benefit from rupee depreciation will flow to margins in the IT services industry, since market share shifts still remain the big growth driver. Rupee depreciation benefits are likely to be used for better revenue growth rather than margin improvement, Nomura said.
For HCL Technologies, in addition to improvement of existing business profitability, there will be gains from over $3 billion of deals signed over the last three quarters when the rupee was between 54 and 59. These deals will thus be more profitable under current conditions. Nomura sees upside to HCL Technologies’ guidance of 18.5%-19% margins at US dollar- Indian rupee rates of 55.
For Tech Mahindra, with pricing at a discount to peers and no salary hikes until fourth quarter of FY14, Nomura sees no major near-term fall in margins. The company has guided to keeping EBITDA margins stable at about 21% levels, if the currency holds at near 60 levels and will likely see the margins exceed these targets, in Nomura’s view, if current US dollar- Indian rupee spot rate sustains. The only near-term tempering impact would be on account of $115 million worth of forex losses in the balance sheet, which could bloat given the rupee depreciation.
Following table shows the impact of rupee depreciation on earnings per share in the IT services industry for select companies: