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����RTI मलतब है सूचना का अधिकार - ये कानून हमारे देश में 2005 में लागू हुआ।जिसका उपयोग करके आप सरकार और किसी भी विभाग से सूचना मांग सकते है। आमतौर पर लोगो को इतना ही पता होता है।परंतु आज मैं आप को इस के बारे में कुछ और रोचक जानकारी देता हूँ -

����RTI से आप सरकार से कोई भी सवाल पूछकर सूचना ले सकते है।
����RTI से आप सरकार के किसी भी दस्तावेज़ की जांच कर सकते है।
����RTI  से आप दस्तावेज़ की प्रमाणित कापी ले सकते है। 
����RTI से आप सरकारी कामकाज में इस्तेमाल सामग्री का नमूना ले सकते है।
����RTI से आप किसी भी कामकाज का निरीक्षण कर सकते हैं।
����RTI में कौन- कौन सी धारा हमारे काम की है।
����धारा 6 (1) - RTI का आवेदन लिखने का धारा है।
����धारा 6 (3) - अगर आपका आवेदन गलत विभाग में चला गया है। तो वह विभाग
इस को 6 (3) धारा के अंतर्गत सही विभाग मे 5 दिन के अंदर भेज देगा।
����धारा 7(5) - इस धारा के अनुसार BPL कार्ड वालों को कोई आरटीआई शुल्क नही देना होता।
����धारा 7 (6) - इस धारा के अनुसार अगर आरटीआई का जवाब 30 दिन में नहीं आता है
तो सूचना निशुल्क में दी जाएगी।
����धारा 18 - अगर कोई अधिकारी जवाब नही देता तो उसकी शिकायत सूचना अधिकारी को दी जाए।
����धारा 8 - इस के अनुसार वो सूचना RTI में नहीं दी जाएगी जो देश की अखंडता और सुरक्षा के लिए खतरा हो या विभाग की आंतरिक जांच को प्रभावित करती हो।
����धारा 19 (1) - अगर आप
की RTI का जवाब 30 दिन में नहीं आता है।तो इस
धारा के अनुसार आप प्रथम अपील अधिकारी को प्रथम अपील कर सकते हो।
����धारा 19 (3) - अगर आपकी प्रथम अपील का भी जवाब नही आता है तो आप इस धारा की मदद से 90 दिन के अंदर दूसरी
अपील अधिकारी को अपील कर सकते हो।

����RTIकैसे लिखे?

इसके लिए आप एक सादा पेपर लें और उसमे 1 इंच की कोने से जगह छोड़े और नीचे दिए गए प्रारूप में अपने RTI लिख लें
...................................

सूचना का अधिकार 2005 की धारा 6(1) और 6(3) के अंतर्गत आवेदन।

सेवा में,

अधिकारी का पद / जनसूचना अधिकारी
विभाग का नाम.............

विषय - RTI Act 2005 के अंतर्गत .................. से संबधित सूचनाऐं।

अपने सवाल यहाँ लिखें।

1-..............................
2-...............................
3-..............................
4-..............................

मैं आवेदन फीस के रूप में 20रू का पोस्टलऑर्डर ........ संख्या अलग से जमा कर रहा /रही हूं।
या
मैं बी.पी.एल. कार्डधारी हूं। इसलिए सभी देय शुल्कों से मुक्त हूं। मेरा बी.पी.एल.कार्ड नं..............है।
यदि मांगी गई सूचना आपके विभाग/कार्यालय से सम्बंधित
नहीं हो तो सूचना का अधिकार अधिनियम,2005 की धारा 6 (3) का संज्ञान लेते हुए मेरा आवेदन सम्बंधित लोकसूचना अधिकारी को पांच दिनों के
समयावधि के अन्तर्गत हस्तान्तरित करें। साथ ही अधिनियम के प्रावधानों के तहत
सूचना उपलब्ध् कराते समय प्रथम अपील अधिकारी का नाम व पता अवश्य बतायें।

भवदीय

नाम:....................
पता:.....................         
फोन नं:..................

हस्ताक्षर...................

ये सब लिखने के बाद अपने हस्ताक्षर कर दें।
����अब मित्रो केंद्र से सूचना मांगने के लिए आप 20 रु देते है और एक पेपर की कॉपी मांगने के 2 रु देते है। 
����हर राज्य का RTI शुल्क अगल अलग है जिस का पता आप कर सकते हैं।
����जनजागृति के लिए जनहित में शेयर करे। 
����RTI का सदउपयोग करें और भ्रष्टाचारियों की सच्चाई /पोल दुनिया के सामने लाईये

कृपया इस पोस्ट को अपने सभी ग्रुपो में ज्यादा से ज्यादा फॉरवर्ड करे और RTI को ज्यादा से ज्यादा उपयोगी और प्रभावी बनाने में अपना महत्वपूर्ण योगदान दें।
"राष्ट्रहित मैं जारी"
  अखिल भारतीय ग्राहक पंचायत
    दिल्ली

How builders looting consumers by forming apartment instead of society

A big inquiry here is that why the builders in Mumbai are recently wanting to go for ‘Apartment Owners’ Association’ arrangement and are attempting to maintain a strategic distance from the age-old ‘Society’ structure? The reason is that the builders/developers have a lot of personal GAINS in doing so, which are as listed below: The builder/developer is interested in utilizing the extra FSI which will be recompensed by the Government for that zonein future. On the off chance that the Society is formed, then upon the transfer of the land area to the Society, the extra FSI will be in possession of the Society and the developer might not have any right over it. In case of an Apartment, then the developer can claim that extra FSI and can utilize it at anyplace or even sell it for personal gains. Therefore, the developer will continue to exploit each increase in FSI in years to come for his personal gains. In an Apartment, the builder/ developer retains the ownership for open spaces which are excluded in the saleable range. For illustration – Terrace or any open spaces which are excluded in the saleable area. Be that as it may, in the event of a Society being formed, the developer cannot hold any privilege on any of these areas and needs to hand over everything to the Society. The Maharashtra Apartment Ownership Act-1970 (henceforth referred to as MAOA) accommodates the responsibility for individual Apartment in a building and to make such Apartment heritable and transferable property. This is the weakest sentiment of the condominium(Apartment Owners’ Association) purchasers i.e. the word ‘ownership’ and the developers are prepared to exploit this and snatch different advantages for which generally the purchasers are qualified for in a Society structure. In a Society structure, the purchasers get all the rights in the apartment owned by them and the proportionate ownership of undivided land and common areas. However the expressive term used in MAOA: – “apartment on ownership basis” is fully exploited by the builders to their advantage by making the apartment owners believe that they are the true owners. A layman is satisfied with this title but is ignorant that there is much more to this and there is a possibility of foregoing the benefits arising out of extra FSI in future thus making the builder the sole beneficiary and the sole land owners. Bye-laws and Rules of “Society” are official on every one of the occupants and no one can go about according to his/her impulses. Thus, if the Society chooses to boycott any questionable business exercises in the flats, for example, clamor making music classes or utilizing the flat for catering or courier activities and so on or not to lease to single guys and so forth, then every one of the occupants needs to abide by it. However, in the event that it is an Apartment, then owners can flout the Apartment Rules and the only recourse for the members of the Apartment is to file a case in the Civil Court. In any case, while the Society disputes are quickly resolved in a different Court i.e. Co-operative Court that deals with Society matters, the Apartment matters must be taken to the Civil Court and can take years and decades to be resolved. At the point when the building is under consideration for redevelopment after about 25-30 years, the Society’s choice will be final based on majority votes and consequently the Society members will have negotiation power with the builder. However, in an Apartment, the consent of each Apartment-owner is required and the activity could go into a never ending deferral because of absence of a typical choice acceptable to everyone. There are numerous occurrences in Mumbai wherein the decrepit structures must be mightily emptied by a removal request from Court since residents have refused to vacate the premises. Along these lines, while the decisions are taken on a majority basis premise in a Society, the Apartment runs on the standard of ‘Acceptable by Everybody’. So if the developer holds even one level in an Apartment, he will play a veto card to gather support the time of redevelopment. Contrasts between a Society and Condominium (Apartment Owners’ Association) In spite of the fact that the essential motivation behind both the arrangements is comparable, there are numerous contrasts between a Society and Condominium. A portion of the differences are as under: For the most part to form a Society, 10 persons would be required and each of them is to be from an alternate family who dwell in the Society and who have bought premises in the building. Prior to any selling, the builder can form a Condominium and make the subsequent buyers as members of the Condominium. However, a builder after selling the apartments under MOFA 1963, cannot form a condominium on his own without the consent of each and every apartment owner. On account of a Society, the title of the land and the building is transferred and passed on to the Society, which turns into the owner thereof. Purchasers upon buying flats get to be the members of the Society. On account of a Condominium, the title of every Apartment rests with the Apartment owner, who likewise has a proportionate undivided interest in the land on which the building stands the common areas and facilities of the building. Yet developers attempt to keep the land in their names without exchanging the same as in proportionate ratio to the apartment buyers as Condominium is an artificial structure for the maintenance of the building. In regular course a developer should exchange the proportionate privileges/ right of land and common areas to all and get the same reflected in revenue and metropolitan records, whereas builders in a condominium structure keep the transfer dodging for years together, so that, their game of selling extra FSI granted by Government from time to time goes unquestioned. A Society adopts the Model Byelaws periodically with changes if required yet with consequent endorsement from Dy. Registrar of the particular ward. Likewise, while receiving the Byelaws in a Condominium, appropriate changes can be made so long as as the provisions of the Act are not negated. Any such amendments requires the permission of each and every Apartment Owner. A Society issues certain shares to its members according to the Bylaws and the Share Certificate turns into a critical title deed, since the allotment of the premises are connected thereto. This is not so in a Condominium of Apartments/Buildings. The issues of the Society are overseen by the Managing Committee which is chosen by the members from the Society. The Managing Committee chooses a Chairman, Secretary and a Treasurer. So also, the undertakings of a Condominium are overseen by the Board of Managers which is chosen by the members from the Apartment Owners’ Association. The Board appoints from amongst its members a President, Vice-President, Secretary and a Treasurer. Very often, where the builder/ developer resides in the building, though there is a conflict of interest, he himself gets into the post of the President or Chairman and then proposes a caucus that abides by his instructions. Thus the larger interests of the members are heavily compromised. Under the Model Bylaws, a Society can charge just Rs. 500/ – as Transfer Fee with a maximum of Rs 25,000/ – as a premium. In the event of a Condominium, the Bylaws can be more adaptable and the measure of Transfer Fee can be provided in the same. In a Condominium, the owner can give his Apartment on lease or leave and license premise without the endorsement of the Board of Managers. In a Society, authorization of Managing Committee including ‘Police Verification’ is required. In a Society, each member has one vote, irrespective of the area of his premises owned by him. In a Condominium, each Apartment owner has a voting right in proportion to the estimation of his premises which is for the most part according to the area of the Apartment possessed by him and which is characterized while framing the Condominium. In a Society, disputes are for the most part alluded to the Registrar designated under the Act or to a Co-operative Court, contingent upon the nature of the dispute. On account of a Condominium, the Court having jurisdiction over the area in which the Condominium is located, hears the disputes. In a Society, a member can nominate a person in whose support shares of the Society ought to be transferred upon the member’s death. There is no such provision in case of a Condominium unless mentioned specifically in the Bye-laws.In an Apartment, the transfer can be effected in the name of the person as per the owner’s “will”or to the lawful illustrative of the Apartment owner’s bequest. Though there are minor cosmetic individualized features in favour of apartment owners in Maharashtra Ownership Apartment Act, 1970; but majorly, the Maharashtra Ownership Apartment Act, 1970 benefits the builders and developers. It has become too handy to the builders to usurp the rights of the apartment purchasers. The situation is worse if the builder decides to stay in the redeveloped building as he continues to play the role of an owner though his ownership has ended the moment he has decided to sell the flats under MOFA 1963. Lack of unity among the apartment purchasers, vulnerability of the purchasers for some freebies are the points which make the builders continue to smile though there are going to be protests by some affected purchasers. The builders fail to understand that even MOFA-1963 allows for prosecution of the builders and developers in case of promises made by them in ‘Agreement for sale’ differ from their subsequent acts thereof in a bid to usurp the rights of the purchasers. Again, the comfort of the builder is that, if one goes for litigation, it takes a long time and they still prefer to play a role of MOGAMBO. Hence, purchasers need to be careful and the safest bet is to urge the Developers to form a Co-operative Housing Society just under the Provisions of Maharashtra Co-operative Societies Act, 1960 in light of a legitimate concern for flat owners

Courtesy

Read more at: http://www.livelaw.in/name-condominiums-builders-mumbai-big-game-increased-fsi-sale-maoa-1970-misused/

Area of flat how to measure

Have you measured Area of flat

If you ever felt that your apartment is not the size the builder had promised but did not know what to do about it, there is help at hand. The Legal Metrology Department whose responsibilities is to certify the weighing scales can be of some help.

The Weights and Measures / Legal Metrology Act, 2009

This is an act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weights, measure or number and for matters connected therewith or incidental thereto.

The Legal Metrology Department

The department says, If consumer gets short delivery of the commodity or thing than it is paid for or contracted for, similarly in the services also, it amounts to an offence. However, not many consumers know about remedies available to them to get justice. Such consumers can easily file a complaint before the Legal Metrology Organization (weights and measures).

“The Legal Metrology Act has clear provisions to punish those who sell below the quantity of measure promised. In case of short selling of space, we will verify such complaints and will take strong action”. They say upon receipt of a complaint, the department will measure space independently to establish whether a buyer has indeed been cheated.

Case Studies

1) Recently, the flat owners claimed that the builder had delivered 40 to 50 square feet less carpet area per flat than was shown in the agreement. Builder had also not constructed towers as per plan approved by BMC. Not only did builder charge as per built-up area instead of carpet area, but even the built up area turned out to be 94 square feet less.

Buyer complained to the Legal Metrology department to check if builder had delivered smaller flats than promised. Six officials with three witnesses raided and measured an apartment in the building and they found that builder had delivered 7 square feet less carpet area. Deputy Commissioner of Police, who leads the Weights and Measures (Legal Metrology) department, wrote to the Commissioner of Police, Mumbai, and also Municipal Commissioner to take action against builder. Officials of the Weights and Measures department found that the builder had cheated flat owners by delivering smaller flats than what he had promised. Later, an FIR was registered against builder.

2) In another case, the members of the building had submitted a complaint to the Legal Metrology department, claiming that the area of the house that they had been given was not what the builder had promised. A team from the department visited the houses in the society and found out that the flats were only around 875 sq ft in area (each room was 71.38 sq metres and the attached balcony was 10.04 sq meters, making up 81.42 sq metres, or 876.4 sq ft, in all), compared to the 935 sq ft allegedly promised by the builder.

How will it help you

In our opinion consumer courts are the best way to get relief for such matters. However, most of the time they are not cost effective and takes long time. Individual buyer often do not even raise their voice against such malpractices. In such cases, you can try this approach which doesn’t look expensive and time consuming. It would be the duty of Metrology Department to pursue the case.

This route can also be explored if the Super Area increase is not justified.

How do I file a Complaint

Maharashtra

The above listed case studies are from Mumbai – Maharashtra, where the department us very proactive in handling builder related cases. If you are from Maharashtra, a complaint can be filed at :-

Controller of Legal Metrology, Maharashtra State Mumbai, Free Press Journal Marg, Nariman Point, Mumbai-400021

Uttar Pradesh / Delhi NCR and other parts of India

The Department of Consumer Affairs overlooks the Metrology Department. This is an unexplored area for us and one need to do some research to locate and file the complaint against developers in NCR region.

New Delhi: Controller of Legal Metrology (Weights & Measures) Government of NCT of Delhi, 117-118, C-Block, Vikas Bhavan, N.Delhi – 110 002 Ph: 011-23379266 Fax: 23379267 Email: cwmd@hub.nic.in

Uttar Pradesh: Controller of Legal Metrology (Weights & Measures) Government of Uttar Pradesh, 7, Walaquad Road, Lucknow – 1 (Uttar Pradesh) Ph: 0522-2628063/2225997 Fax:0522-2610967/2275902 Email: clmup@rediffmail.com

Address of  Metrology Departments in various states: Legal Metrology Departments in Various States

More details can be obtained from there: http://www.metrologycentre.com/ and http://consumeraffairs.nic.in/forms/contentpage.aspx?lid=700

Compulsory education in Govt schools

Appeal to PM and all CMs of all States

Sub : Compulsion of Education in Govt. Schools

Respected Sir,

Please make compulsory to all employees of Central Government, State Govt, Zilla Parishad, Tahsil,  Grampanchayat, Public Sector Units including banks and also every elected  representatives of people like MP, MLA, Corporater to admit their children in Govt Schools only. ( at least upto 12th standard)

Every school must teach compulsory State Language, Sanskrit upto 5th standard and there after Hindi and English in addition to Local State Language and Sanskrit. Also Physical Training and Yoga.

Compulsary teaching of Information Technology / Computer after 5th class. 

No private classes should be allowed upto 12th standard

Compulsory travel of student from home to school and back by Govt transport only.

Because of this India will be benefited as under:

1. All MPs, MLAs, Corporaters, Collectors, Directors, Secretaries and other employees will improve the quality of education, will ensure that environment of school will be improved, will ensure that basic facilities like drinking water, toilets, fans and benches will be availble in the schools. Every School will get proper building.

2. Every student will get books, dresses, shoes, notebooks in time before start of academic year.

3. Every school will get laboratory, library and play ground.

4. Equality will be there among all students.

5. Every MP, MLA, Corporater and employees will look after schools.

6. Our all mothertounge languages will  remain alive

7.  Children will read culture/history and Stories  of state and India. 

8. Teachers and employees of school will improve their skills and will teach them properly

9. Govt transport will be improved and overloading of students autos and school buses will be stopped.

10. Teachers and support staff will get good salary

11. because of IT and Computer education transforming india into digital India will be easy.

12. Because of grounds in schools india will get good sportsmans. Because of PT and Yoga Students will become healthy. Less spending on medicines.

13. No need to pay heavy donations to private schools

14. All political party leaders will close their education shops and will concentrate on their own children's education.

15. Number of requirement of teachers will increase and hence will increase employment.

Hence I request our PM and All Chief Ministers of every state to make above rules/act in every state and educate every child. Education is right of every children.

Vijay  Sagar
9422502315