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Sunday, December 12, 1999
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Prime Minister Atal Behari Vajpayee presiding over the PM's Trade and Industry Council meeting at his residence in New Delhi on Saturday.
Prime Minister Atal Behari Vajpayee presiding over the PM's Trade and Industry Council meeting at his residence in New Delhi on Saturday. — PTI
PM reconstitutes review committee
NEW DELHI, Dec 11 — The Prime Minister, Mr Atal Behari Vajpayee today reconstituted the implementaion review committee under the Chairmanship of the Finance Minister, Mr Yashwant Sinha and has set up eight special groups under the Council of Trade and Industry.

Virgin may trigger fare war
NEW DELHI, Dec 11 — Virgin Atlantic Airways may launch a fare-war in the Delhi-London sector with British Airways soon after it begins operations in July next, Virgin Chief Richard Branson said today.

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‘Through Fire-walk... into a Bluechip’
CHANDIGARH: “I question everything: why something is so done, how it can be done better. Apply knowledge. R&D is for application. Minimum paper work.” This is how Chander Mohan, the man who has scripted the success story of Punjab Tractors Limited, describes his approach to work.

Anniversary ride with new baby
CHANDIGARH: It was a novel idea. To mark the first year of Matiz on Indian roads, Daewoo Motors organised a test drive of its cars and their competitors on a 640 km route starting from Chandigarh, touching Shimla and Dehra Dun before concluding at Delhi from November 18 to 20, 1999.

PSEB decision on security opposed
As per popular belief Punjab’s people are rich but its government is poor. Government’s ad hoc reaction to resolve the present financial crisis is seen as an attempt to equalise and if this continues equalisation will come sooner than later.

Investment in saving schemes
THIS is the time of the current financial year to consider investment in tax saving schemes. Most of tax-payers are faced with a crucial decision — whether to invest, where to invest and how much to invest to save income tax.

MUL plans to double capacity
MUMBAI, Dec 11 — Maruti Udyog Ltd has plans to double its manufacturing capacity to five lakh units by 2001-2002, as its sales now are constrained by capacity, according to its Managing Director Jagdish Khattar.

SBP gives loans to agriculturists
CHANDIGARH, Dec 11 —Kurali and Chamkaur Sabib branches of State Bank of Patiala organised farmers’ meets which were attended by over 300 farmers drawn from 15 villages functioning in the operational areas of these branches.

IOC may pick up stake in Haldia Petro
HALDIA, Dec 11 — Indian Oil Corporation is likely to pick up stake in Haldia Petrochemicals Limited, the mega greenfield petrochem project which is slated for commissioning in February 2000.

Tax and you Grape vine check out Rent cases
 

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PM reconstitutes review committee
Tribune News Service

NEW DELHI, Dec 11 — The Prime Minister, Mr Atal Behari Vajpayee today reconstituted the implementaion review committee under the Chairmanship of the Finance Minister, Mr Yashwant Sinha and has set up eight special groups under the Council of Trade and Industry.

The review committee would now include Commerce Minister, Mr Murasoli Maran and the Deputy Chairman of the Planning Commission, Mr K.C. Pant.

The themes that would be covered by the newly created eight groups include: good governance in private sector,policy for private investment in education and health, strategy for reconvened WTO meeting, disinvestment, freeing Indian industry from control, pitfalls of globalisation, power reforms and policy to attract wealth and talent of NRIs.

These groups are in addition to the six groups set up earlier on Food and Agro Industries Management Policy, Infrastructure, Capital Markets, Knowledge based industries, service industries and administrative and legal simplifications. The reconstituted implementation review committee would advise the government on these six specialised groups which would receive “ high priority” of the government.

Leading industrialists, Mr N.R. Narayanamurthy and Kumaramangalam Birla would constitute the special group on good governance, Mr Mukesh Ambani and Mr A.C. Muthiah on education and health, Mr N. Srinivasan and Mr Rahul Bajaj for WTO strategies and Mr G.P. Goenka and Mr Rajiv Chandrasekharan for the group on disinvestment.

Mr Ratan Tata and Mr Nusli Wadia would constitute the group on freeing Indian industry from controls, while Mr Bajaj and Mr Sanjeev Goenka would be part of the group on pitfalls of globalisation.

The power sector group would be headed by Mr G.P. Goenka and Mr Ambani would lead the group on attracting wealth and talent of NRIs.

Briefing newspersons, Secretary in the PMO, Mr N.K Singh said that the new groups are expected to submit their recommendations on in the next few months.Top



 

Virgin may trigger fare war

NEW DELHI, Dec 11 (PTI) — Virgin Atlantic Airways may launch a fare-war in the Delhi-London sector with British Airways (BA) soon after it begins operations in July next, Virgin Chief Richard Branson said today.

“Once we begin daily frequency, we could launch a real price war with British Airways,” Branson told reporters.

“We will try to fill all our flights and that is the way for prices to take a nosedive,” he said, adding that Virgin was planning to charge business class fares for the first class and give a thirty to fifty per cent discount on the economy class ticket compared with that of ba.

Asked if Virgin’s new partner Air India would not be hit by the fare war, he said there were at least “five more jumbo loads” of passengers on the Delhi-London sector who wanted to have a direct connection.

There were at least half a million people who could not fly directly to India, Branson said, adding that this market could be tapped.

Under its code-share agreement with Air India signed yesterday, Virgin will operate three flights a week between Delhi and London from July and would raise the frequency to daily soon thereafter.Top



 

‘Through Fire-walk... into a Bluechip’
By Nirmal Sandhu
Tribune News Service

CHANDIGARH: “I question everything: why something is so done, how it can be done better. Apply knowledge. R&D is for application. Minimum paper work.”

This is how Chander Mohan, the man who has scripted the success story of Punjab Tractors Limited, describes his approach to work. The former Vice-Chairman and Managing Director of PTL, who has just won the Indian Merchants Chamber’s Juran Quality Medal, refuses to call it a day.

At 67 Chander Mohan smokes, drinks — regardless of what doctors say — and works almost the way he used to, maintaining a “be-happy, enjoy-life” attitude.

He has just finished the draft of his book, tentatively titled “Through Fire-walk Against Mindset into a Bluechip”, which is based on his experiences at PTL and explains his management style. In an interview at his Sector 36 house, Chander Mohan shares some of his experiences:

Q. After a hectic job at PTL, how do you spend your days now?

Currently I am working on a project at Mohali that would introduce, for the first time in the country, a new technology in chargeable battery. The company is called “21st Century Battery. The other promoter is Mr R.C. Jain. It is a Rs 26.5 crore project. Chhota kam to karna nahin hai. We have tied up finances and the project will become operational in another two years.

I am also busy with a venture capital fund in association with institutions like IDBI, IFCI and ICICI. Besides, I am working with PUDA to bring in low-cost construction technology for mass housing.

Q. You have interests in very diverse fields!

No, the common thing behind all these projects is science and technology. I believe in building a scientific and technology society. My stress throughout has been on research and development. R&D for application. Not just theory and paper work.

Q. Do you think education is geared to help build such a society?

Education all over is for jobs and jobs are not there. It is all theory-oriented. Education should develop entrepreneurship and ensure self-employment. Recently I had gone to Longowal Institute of Engineering. In a nearby village, Dhanaula, some carpenters make beautiful wooden toys. I suggested the faculty and students to improvise on these toys. The idea was to generate curiosity and encourage students to do something practical. I even sent a cheque for Rs 7,000 to give two prizes of Rs 5,000 and Rs 2,000 for the best two creations.

Q. Will you look back at your early years and recall important developments in your career?

After schooling in Lahore and college education at Ferozepur, and studying engineering at Roorkee, I took up a job with Bengal Paper Mill (now closed down) in 1953. Then I joined the Railways. In 1965 I went with a delegation to Japan and noticed how the Japanese improvised small things. At Punjab Scooters Ltd we stopped making scooters and tried to make remote-controlled small aircraft that India was importing. But the defence authorities let us down. I had been designing tractors at CMER, Durgapur, which proved helpful at Punjab Tractors. In 1972 PTL went public. I was the first Chief Executive Officer. We had raised about Rs 3.70 crore. After the first few tough years, things started falling in place. PTL declared its first dividend in 1978. The rest is history.

Q. Will you describe the work culture at PTL? How PTL is different from other organisations?

The first thing I did was to isolate PTL from the government. We had our own holidays, our own working hours. Ninty to 98 per cent employees were freshers. There was no discrimination between blue collar and white collar employees. All put in 48 hours of work in a week. We had our own pay scales. There was minimum paper work. There was delegation of powers. Each employee was trusted. Like if a meeting took some decisions, the minutes were often prepared by a junior member and these were final. There was no draft.

No recruitment was done without advertising the posts. Employment was barred to relatives of managers. So chach-bhatija raj was not there.

No outside pressure was allowed to influence recruitment. Promotion in the first five-six years was automatic and thereafter it was performance-based. There was no jumping the queue. The bright ones were given additional responsibilities. There was a lot of trust and freedom. Creativity was encouraged.Top



 

Anniversary ride with new baby
Tribune News Service

CHANDIGARH: It was a novel idea. To mark the first year of Matiz on Indian roads, Daewoo Motors organised a test drive of its cars and their competitors on a 640 km route starting from Chandigarh, touching Shimla and Dehra Dun before concluding at Delhi from November 18 to 20, 1999.

There were 12 cars of three categories participating in the rally. First, the small cars — Matiz, Santro and Zen. Tata Indica and Uno were excluded. The second segment comprised Cielo Executive and Esteem, while the third category had upper-end models of Nexia, Honda City and Opel Astra. Accent and Lancer were not included.

There were eight teams, each consisting of two members, which drove in turns all cars and evaluated their performance based on factors like engine power, gears selection, clutch operations, brakes’ effectiveness, ride comfort and handling. The car rally, flagged off at Chandigarh by Mr B.S Min, Deputy Managing Director of Daewoo Motors, covered the hill terrain as well as plain busy highways and concluded safely in Delhi except the Esteem’s minor brush with a truck on a blind turn in which the car lost its right mirror and door glass. Fortunately, no one was hurt. The auto crazy drivers pushed the vehicles hard, some touching 150 km per hour on unfriendly highways.

At the end of each day the team members discussed various features of the cars they drove and the appraisal forms were filled. A surprise discovery of the ride was that 800 cc engine of Matiz delivered a power output of 52 bhp at 6000 RMP which compares favourably with the 1000 cc engines of Santro and Zen.

The whole exercise, enjoyable as it was, made every participant aware how sensitive car-makers are to the needs of the customer. Daewoo’s idea behind the Matiz anniversary ride was to get feedback for its cars, said a company official.Top


 

PSEB decision on security opposed
By P.D. Sharma

As per popular belief Punjab’s people are rich but its government is poor. Government’s ad hoc reaction to resolve the present financial crisis is seen as an attempt to equalise and if this continues equalisation will come sooner than later. Almost daily new financial burden is spelt for businesses either through new tax or upward revision of rates and enforcement of procedure to squeeze tax payers. Industry in particular is facing attacks, as it were, from there sides: State Government, Central Government and deepened recession.

PSEB has taken decision to charge security from consumers which is equivalent to the bill amount for three months’ consumption computed on the basis of average consumption of last twelve months. This amount may be reviewed and fixed once a year after revision of tariff. This has sent shock waves to all consumers in general and industry in particular. In the on-going recession it is well-known that industry is feeling uncomfortable to pay for even monthly consumption bill.

PSEB’s logic is that it has lost some amount due to closure of some industrial units. This amount may be just about 1 per cent of its annual revenue. PSEB is a business entity and there is no business in the world which is totally safe from such minor losses. Seen yet from an other angle it is losing more than 10 per cent of revenue from excessive losses and pilferage etc. It needs no stress to state that about 35 per cent of power is going free. Against these factors decision to raise security amount by about 2.5 times is quite irrational and this decision if implemented will make other units sick.

No industrial unit closes just to grab PSEB’s money. Sickness is induced by sickening business environments triggered through government policies. For instance steel sector as a whole is reeling under recession. Cheaper imports is one main reason for this. The Government of India is now criticising WTO’s provisions after implementing them. It is also an open and well-known fact that large scale theft of power in some states made steel units of Punjab sick. In such a situation industrial units are helpless.

PSEB has fixed tariff for industry which is higher than the due amount. This certainly is safe cushion to absorb minor loss due to closure of some units. This decision if implemented will stop further of industry. For a modest connection of 100 KW amount involved may be 6-7 lakhs of rupees. For some units this may be cost of the entire machinery. Then this amount can not be funded by banks. Even existing units can not get extension due to the amount involved. So further growth of industry is completely blocked. PSEB is urged to withdraw this provision in the interest of the State’s economy.

On sales tax some irrational taxes and procedures are being adopted as a panicky reaction to financial crisis. Entry tax of 4.8 per cent has been levied on furnace oil which is widely used in engineering industry. Almost entire furnace oil consumed in Punjab comes from outside the state. Jalandhar depot meets only small requirement. Any commodity imported into the state attracts 10 per cent CST which can be 4 per cent against ‘C’ form. Where is the logic for entry tax?

Price of furnace oil has doubled in just few months such irrational taxes super imposed on this hiked price have crippling effect on industry. So this entry tax should be withdrawn.

After a lot of hue and cry on new Sales Tax Act government withdrew sections relating to prosecution with a promise that other sections shall be amended by consulting dealers. Nothing has happened thereafter. The provision of the amended Act and other measures of enforcement are the source of harassment to the business community.Top


 

Investment in saving schemes
By V.N. Agarwal

THIS is the time of the current financial year to consider investment in tax saving schemes. Most of tax-payers are faced with a crucial decision — whether to invest, where to invest and how much to invest to save income tax. A rebate from Income Tax up to Rs 14,000 @ 20 per cent of the amount of investments up to Rs 70,000 is allowed under the Income Tax law. The vital return is — Are you investing the maximum possible amount to save income tax or are we ensure to get the best returns? The time is now to think and invest, otherwise the question will lingers on your minds. “Could I have done better” after you have invested the full eligible amount for the year.

In the past few years, there have been a variety of investments that have been available to choose from but has made the choice of investment more complex. Reading the benefits of various investments known through the newspaper advertisements, it is likely to end up confused. Many of us blindly depend upon the investment agent’s recommendation, without really analysing the comparative benefits of investment, and end up investing in merely those instruments which benefit the agent.

The basic principle is that one instrument can not be the best form of investment for everybody. Moreover, the investment has to suit the specific needs and requirements of an individual. All schemes have their own advantages and are mainly thrown to the tax payers now-a days. But you alone can be the best judge of what you want out of your investments. In order to help you to make the proper choice suited to your needs, Major available options are given in the following para:

* Public Provident Fund

* Life Insurance premium

* National Savings Certificates (VIII issue).

Units of Unit Linked Insurance Plans (ULIP) of Unit Trust of India and LIC Mutual Fund.

* Infrastructure bonds.

Besides, these there are other options like LIC annuity plans, pension found, equity shares of infrastructure companies and units of mutual fund schemes investing in such companies etc.

The above investment schemes are, of course, available in addition to provident fund contributions made by an employee from his salary and repayment of housing loans to employees up to Rs 10,000 P.A to housing finance companies.Top


 

MUL plans to double capacity

MUMBAI, Dec 11 (PTI) — Maruti Udyog Ltd (MUL) has plans to double its manufacturing capacity to five lakh units by 2001-2002, as its sales now are constrained by capacity, according to its Managing Director Jagdish Khattar.

Union Heavy Industries Minister would be inaugurating new one lakh units brownfield capacity next Friday to take the total capacity to 3.5 lakh units, Khattar told reporters after launching Suzuki’s luxury sedan ‘‘Baleno’’ here today.

He dismissed reports of MUL losing ground to competitors saying all Maruti models are doing well and the only constraint in having more sales was the installed capacity.

‘‘Our production facilities are working in three shifts for all the seven days of the week’’, he pointed out.

Asked if MUL would go in for greenfield expansion as the expanded capacity too could be a constraint in future, Khattar quipped ‘‘let’s not talk about it now.’’

Stating that Maruti would be launching two new models in the small car segment in the year 2000, MUL Managing Director said all Maruti models would be upgraded to comply with the Euro II emission norms.Top



 

SBP gives loans to agriculturists
Tribune News Service

CHANDIGARH, Dec 11 —Kurali and Chamkaur Sabib branches of State Bank of Patiala organised farmers’ meets which were attended by over 300 farmers drawn from 15 villages functioning in the operational areas of these branches. At the meets, Patiala Bank Kisan Cards were issued to 131 farmers with loans aggregating Rs 58.50 lakh and 21 tractors were also delivered to the farmers by disbursing Rs 28 lakh loan.

Ms Prem Lata, Dy General Manager and Mr J.S. Mann, Assistant General Manager explained the details to the farmers about various schemes for the Agriculturists and other economically weaker sections of the society.

The farmers were advised to undertake subsidiary activities like dairy farming, poultry farming, fish farming, and bee keeping etc. for which bank provides financial help.Top


 

IOC may pick up stake in Haldia Petro

HALDIA, Dec 11 (PTI) — Indian Oil Corporation (IOC) is likely to pick up stake in Haldia Petrochemicals Limited, the mega greenfield petrochem project which is slated for commissioning in February 2000.

Briefing reporters here today, the State Finance Minister Asim Dasgupta, said that HPL was keen to offer stake to IOC and discussions were underway in this regard. According to him, the outcome of the talks would be known within a month’s time.

The West Bengal Government, through WBIDC, was one of the major promoters of the Rs 5170-crore project, along with Chatterjee Petrochem (Mauritius) Company and the Tata group.

Dasgupta said that equity participation by a fourth partner was important to bridge the gap which was currently financed through a mixture of high-cost bridge loans and non-convertible debentures obtained from IDBI.

Out of the total equity requirement of Rs 1979 crore, the three promoters jointly contributed Rs 1010 crore, thus leaving an uncovered gap of Rs 969 crore.

When asked whether IOC was interested in the project, the Minister said that he was hopeful. However, he refused to divulge the extent of possible participation by the oil major.

Since IOC would be entering into the project at the time of its completion, it would have to pick up stake at a premium. Regarding this, Dasgupta said that the pricing for IOC would be reasonable. Top



 

Tax and you
by R.N. Lakhotia

Q: Could you please clarify the real position regarding gratuity received by a retired government employee.

On April 11, 1999, answering a query of Mr G.S. Kanwar of Jalandhar, you said, “The maximum amount of gratuity which is exempted in income tax is Rs 2,50,000 for employees who retire after April 1, 1995”.

On May 9, 1999, answering a query of Mr Manohar Lal Arora of Chandigarh, you said, “Gratuity upto Rs 3,50,000 is exempted to the maximum extent at the time of retirement”.

What is the correct amount free from income tax liability?

— Basant Singh Brar, Muktsar

Ans: The maximum exempted amount of gratuity earlier was Rs 2,50,000. However, vide Notification No. 10772 dated 20.1.99 the CBDT has enhanced the gratuity amount to Rs 3,50,000 in respect of employees who retire or die after September 24, ‘97.

Q: It is learnt that in this year Union Budget there is some scheme for housing. Advertisements by some builders has also appeared in print media in this regard. Please guide how we can benefit from it. I am giving below my income particulars.

1. My gross salary is Rs 3 lakh.

2. I wish to take housing loan of Rs 5-10 lakh with repayment in 10/15 years.

Please also explain if new scheme is in addition to earlier scheme of savings of upto Rs 60,000 for tax benefit of Rs 12000.

— Sanjay Tandon, Distt. Ropar

Ans: Please do not confuse youself with the tax rebate permissible u/s 88 @ 20 per cent on maximum amount of Rs 70,000 investment in the specified assets. The new provision relates to granting you the deduction u/s in respect of interest on house property loan taken on or after 1st April, 99. Now, the sum of Rs 75,000 will be allowed as a deduction in respect of interest paid for house property for self-occupation. Thus, if you have taken loan of Rs 5 lakh and the payment of interest is upto Rs 75,000 per annum, then the same would be deductible while computing your net taxable salary income. This benefit can also be given by your employer. However, please do ensure that the house is ready and completed by the close of the accounting year, namely 31st of March, 2001.

Q: I had purchased a residential flat on hire-purchase basis under the PSFS scheme of the then Punjab Housing Development Board (now PUDA) in 1993 by taking loan from my CPF. I am paying the balance money in monthly instalments from November 1993. Since the flat allotted was incomplete. As per the conditions of hire-purchase scheme. I have now completed it partially out of my saving and GPF loan and given on rent from December, 1998. Kindly clarify the following:

(a) Availibility of rebate on payment of monthly instalments towards the cost of the flat.

(b) Tax liability on the rent received for four months of the financial year 1998-99.

(c) Deduction from the rent on account of repairs.

(d) Availability of rebate on monthly instalments of loan from CPF/GPF for completion and renovation of the flat.

— Sarup Singh, Amritsar

Ans: As per Section 88 you will be eligible to tax rebate @ 20 per cent on a maximum sum of Rs 10,000 on account of part payment of the instalments of self-financing. The rental income for the 4 months should be shown in your income tax return. Whether you spend the money or not, you are entitled to claim a standard deduction of 25 per cent from the rental income towards repairs & collection charges. In case you are required to make payment of interest, then such interest will also be deducted from your rental income.

Q: I purchased K.V.P for Rs 10,000 on 21.8.98. How to calculate the accrued interest for the year under ref. and subsequently?

Can a gift of Rs 20,000 be given to major son without attracting the provisions of clubbing the income with that of the person making the gift?

— A.K. Verma, Chandigarh

Ans: The accrued interest in respect of Kisan Vikas Patra is to be calculated as per the details mentioned behind the certificate. Generally speaking, it will be calculated @ 13.97. You can surely make a gift of Rs 20,000 or even more to your major son without attracting the provisions of clubbing of income. Please do remember that the provisions relating to clubbing of income will not apply to gifts given to major children. Top


 

Grape vine

Insurance Bill

THE passage of the Insurance Bill in the Lok Sabha augurs well for the bourses in Y2K. The grapewine has it from informed sources in the cocktail circuit in the capital that a large Indian industrial house played a fairly significant role in lobbying for the smooth passage of this bill. There are no prizes for guessing which industrial house though.

DSQ Software

The grapewine has it that a deal is brewing at the headquarters of DSQ Software. The extremely volatile share price of this company is again on the ascent and this could be because of informed buying. A veteran BSE broker is aggressively buying into this stock. Any other takers?

Vanavil Dyes

Notwithstanding a disappointment performance in the last quarter, this company has caught the fancy of mutal funds which are slowly and steadily accumulating its shares. The grapewine has it that the New Bull himself has evinced interest at this counter. A true dark horse, it seems!

Satyam

The grapewine has it that while Rajesh Jain laughs his way to the bank the Satyam group may soon find that its much touted acquisition was not really worth all the money it paid. In fact, industry experts predict that such costly acquisitions could mark the beginning of the end of the IT boom at the Indian bourses. Food for thought.Top



 

check out
by Pushpa Girimaji
Competition to ‘insure’ consumers’ interests

AT LAST Parliament has passed the Insurance Regulatory and Development Authority Bill that brings to an end the monopoly of LIC and GIC in the country and paves the way for competition in the insurance business. To consumers, particularly those who have suffered at the hands of these monopolies, this is indeed good news.

Monopoly status always makes an organisation complacent. As a result it becomes indifferent to those it is supposed to serve. And if this monopoly happens to be in the public sector, then it is even more impervious to consumer complaints. LIC and GIC are no exceptions. Be it medical insurance or motor vehicle insurance, theft or fire insurance, if insurance has to serve its true purpose, then the loss has to be made good by the insurer within the quickest possible time. In fact one of the parameters for measuring quality of service in the insurance business is the time taken for settlement of claims. And the insurance companies certainly do not have a commendable track record here.

I recall the case of Ms Maina Devi Bairalia decided by the National Commission some years ago. Ms Maina Devi Bairalia’s husband died within a year of his having taken an insurance policy. This was in January 1977. For five years, the Corporation did not even think it fit to reply to Ms Bairalia’s letters seeking settlement of the claim. Finally, she wrote to the Chairman, following which she was informed that there were “certain additional formalities and that they were trying their best to expedite completion of such formalities”. And how long did it take LIC to complete these formalities? Eight long years! It is quite possible that but for Ms Bairalia’s letters to the Finance Minister, Members of Parliament and newspapers, the formalities would never have got completed during the widow’s lifetime. Anyway after 13-long years, LIC finally paid the insured amount of Rs 50,000, but without any interest on the amount. She had to eventually seek the help of the consumer court for justice.

The Supreme Court and the consumer courts have time and again indicted the insurance companies for inordinate delays in settling claims or for resorting to unfair means to repudiate a claim. In the case of United India Insurance Company vs MKJ corporation, for example, the Supreme Court reminded the insurance company that it was the fundamental principle of Insurance Law that utmost good faith must be observed by the contracting parties. The insurance companies and their agents were therefore duty bound to disclose all material facts within their knowledge to the policy holder.

Given this scenario, opening up of the insurance sector to private companies has certainly raised consumer expectations. Competition is sure to force LIC and GIC to improve their service. However, it would be naive to think that private companies that will start their business here will play fair. Obviously, in the initial years, in order to wrest business from a well-entrenched player in the field, they will go all out to sell a variety of insurance products at reasonable prices. The premium will be attractive, the service will be excellent and the consumer will have a wider choice. But if this scenario is to continue, if consumers are to get a fair deal, if consumer interest is to be protected, then the regulator will have to play a very crucial role.

In fact we have the experience of the United States in the eighties, where, taking advantage of a weak regulatory system and an even weaker enforcement, General Insurance companies and their agents played havoc with public money, resulting in a large number of companies becoming insolvent. Of course the regulatory mechanism envisaged under the IRDA Bill is quite different from the one that existed in the USA, but the law alone is not adequate. If the regulatory authority has to fulfill the responsibility entrusted to it without fear or favour and enforce the law stringently, then the members have to be chosen with utmost caution.

The Bill, which envisages the Authority to play the role of an effective watchdog and regulator, provides for not more than five whole time and four part-time members, besides a chairperson. I would make a strong plea for one of the members, to be a consumer representative because consumer interest needs to be protected at all times. be it insurance companies, their employees or the agents, every section of the insurance sector has a powerful lobby that will campaign on their behalf. But unfortunately, consumers in India do not have a strong voice and this may well adversely affect their interests in the long run. A member representing consumer interest would therefore be essential.

Similarly, this is the time for consumers in India to organise themselves into specialised groups that would fight for the rights of the insured and represent their viewpoint before the Regulatory Authority.Top



 

Rent cases
by Praful R Desai
Bona fide need

Q: Is the question relating to personal and bona fide requirement of the plaintiff give rise to any substantial question of law?

Ans: In Mohni Devi v Ghanshyam Das (1999 (2) R.C.J. 383) Rajasthan HC held thus:

The cards, which were sought to be produced on record by the application under 0.14. R.27 CPC, are the marriage invitation cards, in which Mrs & Mr Radhey Shyam Sonkhiya, have issued the invitation in connection with the marriage of their grand daughter and grand son, who are children of plaintiff-respondent Ghanshyam. In these cards, the names of certain firms, have been mentioned.

The appellant contends that this goes to show that the plaintiff has got other firms and establishments and that therefore, his requirement of the suit premises, cannot be bona fide.

But, in the opinion of the HC, the contention of the appellant, is not tenable at all, because the firms or establishments mentioned in the invitation cards, as belonging to the plaintiff, is not proved merely on the basis of the invitation cards in question, because the invitation cards have been issued by the father of the plaintiff.

In the opinion of the HC, the marriage invitation cards are of no consequences so far as the bona fide and personal requirement of the plaintiff is concerned. In fact, both the courts below after due appreciation of evidence and material on record, have given concurrent finding that there is personal and bona fide requirement of the suit premises by the plaintiff, and this concurrent finding of fact does not call for any interference merely on the basis of marriage invitation cards.

The HC therefore held that there is thus no merit since there is no substantial question of law emerging in this appeal and it was therefore dismissed.Top


  H
 
  Bullion
Gold Std. Rs 4375
Gold 22-Ct Rs 4225
Silver Ready Rs 7800
Silver delivery Rs 7820

CD box
CHANDIGARH, Dec 11 (TNS) — Mehta Hwa Fuh Plastics Pvt Ltd has introduced Neo Pull Out CD Box in Delhi which holds 10 CDs. It protects the CDs from moisture, grease, dust and chemicals.

IEC
NEW DELHI, Dec 11 (TNS) — IEC Software Limited would be setting up a software technology park in Noida to implement various overseas projects located in South East Asia, a release said.Top



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