Consumer as king: ‘No depreciation on reinstatement policies’

Background: Indemnification by an insurance firm can be on the basis of the value of the subject matter insured, or on the basis of reinstatement value to restore the subject matter to its condition prior to the loss or damage. Where depreciation is applicable, reimbursement is according to the sum insured after deducting the depreciation. But in reinstatement policies, reimbursement is the replacement cost. Depreciation cannot be made applicable to policies issued on reinstatement basis, as per a recent ruling of the national commission in the case of New India Assurance v/s Kamboj Ultra Sound & Diagnostic.

Case Study: Kamboj Ultra Sound & Diagnostic had obtained an Electronic Equipment Insurance policy from New India Assurance for insuring its diagnostic equipment— CT MX 640 whole body CT Scanner with 8X10 multi-format camera, voltage stabilizer, lead glass and frame for lead class manufactured by Wipro GE Medical System. This equipment was installed at Jupiter Golden Hospital and was insured for Rs 65,75,000.

The equipment was initially covered under a manufacturer's warranty, and subsequently insured under an EEI Policy from January 9, 1997, to January 8, 1998. The terms of the policy stated that the coverage was on replacement basis.

On October 25, 1997, a scanning procedure came to a standstill. A Wipro engineer inspected the equipment and gave a quotation of Rs 9,15,200 for replacement of the X-Ray tube. Kamboj lodged a claim under the policy. Meanwhile, when the policy was due for renewal, the premium of Rs 99,823 was accepted with 30% loading. Later, the claim was rejected on the grounds that the tube had undergone 100% depreciation and its value was nil.

Kamboj filed a complaint before the Delhi state commission. The firm contested, saying the tube was not covered as it had completed 42,470 exposures at the time of taking the policy. It said there was an endorsement on the policy that no claim was payable for tubes that have over 40,000 exposures.

The state commission directed the firm to reimburse the replacement cost of the tube along with 12% interest and awarded Rs 50,000 towards compensation. The firm then moved the national commission.

Justice K S Chaudhari, in his August 27 order, noted that the company was aware of the extent of usage of the tube at the time of issuing the policy, but had opted to cover it. The national commission held that a question of depreciation cannot arise in a policy issued on reinstatement basis. Accordingly, it upheld the order.

Conclusion: Consumers must ensure claims are settled on the basis of policies issued.
(The author is a consumer activist and has won the govt of India's National Youth Award for Consumer Protection. His mail is jehangir.gai.articles@hotmail.com)

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35 Indians dive 13,500 feet down the sky in tandem to set world record

MUMBAI: At 55, gem and jewellery businessperson AnjuBansal was the second eldest in the group, but neither her age nor a fresh injury on her leg deterred her from taking the plunge, literally. She was among 35 Indians who took a dive from 13,500 feet, above puffy white clouds at Costa Brava in Spain, as they set a new mark in Guinness World Records in tandem skydiving last week.

At 12.20pm, local time in Spain, on August 25, a judge reported that a new record was set by a team of Indians, all Puneites, in 35 tandem skydiving jumps in one hour; the previous record was of 28 jumps. The youngest diver was 11 years old.

A gritty, enthusiastic bunch of nearly 90 entrepreneurs and their families, led by business coach Manish Gupta, took the initiative to try and beat two records. Gupta sought out Padma Shri Shital Mahajan, founder of Indian Phoenix Skydiving Academy, to help them turn their dream into reality. Inspired by popular film Zindagi na Milegi Dobara, the group wanted to visit the centre at Skydive Empuriabrava in Spain.

For the jump, each diver had a trained member from the Empuriabrava with him/her. "The first minute was a straight free fall. Then the chute opens and the feeling is just amazing," said Bansal. The divers took about two-and-half minutes to reach terra firma again after soaking in Spain's coastal beauty and waving out with tri-coloured wristbands on their hands. The world record apart, several divers were thrilled that they dove out of the same aircraft as their favourite actors had.

The records that Gupta wanted to smash were the one-hour and 10-hour tandem skydiving, but they could succeeded in only the first one. The other, too, was almost done but for poor weather and a delayed start. The Empuriabrava website said 85 jumps later, "they abandoned the second attempt... when it became evident there was insufficient time to achieve the highest number of jumps in 10 hours".

The enthusiasm of the group notwithstanding, families were a worried lot. Bansal's daughter was so scared that she even called up the Spanish centre to prevent her mother's "audacious attempt" with a broken heel. But the mother paid no heed and took the dive all the same. On her return home, a visit to the doctor on Saturday, however, confirmed a fracture.

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Environmental nod must for rehab sites, state panel says

MUMBAI: All rehabilitation sites must have an environment clearance before a rehabilitation project is approved, the state environment appraisal committee-I (SEAC-I) has recommended.

The recommendation has been made in the light of the Malin landslide in Pune district in which 151 people were killed and an entire village destroyed.

Environment secretary Medha Gadgil affirmed receiving the recommendation. Sources said the Gadgil will have to forward the recommendation to the Union ministry of environment and forests as the terms of reference of the committee are set by the Centre.

The SEAC-I scrutinizes projects in the rest of Maharashtra before recommending it for environmental clearance. In its meeting early in August, the committee discussed the desirability of appraising rehabilitation projects undertaken by public-private agencies. "Of late, concerns have been raised regarding locations selected for rehabilitating Project Affected Persons (PAPs). The Malin landslide has reinforced these concerns. In this context, it was decided that the chairman SEAC-I should move the government to consider rehabilitation project also to be appraised for environmental clearance by SEACs," said an official.

Sources in the committee said that while environmental clearance is mandatory for projects, including rehabilitation buildings, it is not so for the site. Rehabilitation is carried out by various government departments or private agencies and often on land that is hazardous to life. "It is to ensure that rehabilitation is properly done that we have made the recommendation," said the source.

Often, rehabilitation is carried out on land that is seen as "non-appreciating" in the real estate market.

When the Mumbai Metropolitan Region Development Authority undertook road-widening projects under the Mumbai Urban Transport Project, a majority of PAPs were shunted to no-development zones (NDZs) in the eastern suburbs close to chemical industries.

"These NDZs had no civic infrastructure, no schools, hospitals and no connectivity to the rest of the city. A vast majority of people from the western suburbs who were moved here lost their jobs as maids and drivers; and children had to drop out of school," said an activist.

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A 45-year-old commits suicide at Bandra-Worli Sea Link

MUMBAI: A 45-year-old Vikram Vasudev, reportedly committed suicide at Bandra-Worli Sea Link (BWSL) on Monday morning.

He lived at Prabhadevi in Dadar along with his family and was working at a technical teaching institution.

The Bandra police has filed an accidental death report. The police said that Vasudev's son died due to cancer last year after which he went into depression.

Vasudev left from his home in the morning. He went to BWSL and parked the vehicle on the sea link. Later, he jumped off the BWSL. The police said that no suicide note found in the car and they are inquiring with Vasudev's family members about the incident.

It's the fourth suicide incident on BWSL over the last three weeks. Eight suicides have been reported (on the sea link) at Worli and Bandra police stations this year.

The police is planning to coordinate with the Maharashtra State Road Development Corporation (MSR-DC) to prevent suicides following the three cases. Motorists enter the BWSL, and after stopping their vehicles midway, commit suicide.

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Heavy rains lash Mumbai for second day

MUMBAI: With heavy rains lashing the city for second consecutive day on Monday, the MeT department has predicted that the monsoon is likely to get stronger in Mumbai where heavy downpour is expected over the next 48 hours.

"We have issued an alert of heavy rainfall in Mumbai and very heavy rainfall in Central Maharashtra and Konkan region over the next 48 hours," V K Rajeev, director general of regional meteorological centre at Mumbai, told PTI.

Strong south westerly winds, a low-pressure area formed in the Vidarbha region, and an offshore trough running from North Maharashtra coast to Kerala coast have contributed to the activation of monsoon in the state, he said.

Meanwhile, waterlogging due to heavy rainfall, that continued to lash the city for the second day in the row, caused traffic snarls in several low-lying areas.

"There was waterlogging in areas like Dadar, Parel, Sion, Kurla, Ghatkopar and the Western Express Highway which caused some disruptions in vehicular traffic along the stretches in the morning. There is still slow traffic movement near Mulund on the Eastern Express Highway," an official of the Municipal Corporation of Greater Mumbai said.

According to MeT records, the southern part of the city received 60.1mm rainfall in the last 24 hours, while suburban Mumbai received 115.8mm rainfall.

The Vihar lake in north Mumbai has crossed overflow mark of 80.12 metres, making it the fifth lake to spill over.

Water in seven major lakes — the main suppliers to the city — as of today is 13.97 lakh million litres compared to 12,59,577 lakh million litres last year.

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State anti-terrorism squad grills five for alleged brainwash of Kalyan youths

MUMBAI: The state anti-terrorism squad (ATS), probing the mysterious disappearance of four Kalyan youths, on Monday grilled five persons who are suspected to have indoctrinated and motivated the boys for extreme activities. In the last one week, the ATS questioned at least seven persons.

Four Kalyan residents, Arif Majeed, Shaeen Tanki, Fahad Sheikh and Aman Tandel, all in their early 20s, went to pilgrimage in Iraq in May this year and disappeared. Later, it transpired that the youth had allegedly joined the militant outfit, ISIS. Parents of the missing boys complained to the ATS and demanded that those responsible for their children's brainwash should be brought to book. "Five people including a property dealer from Navi Mumbai, a 25-year-old commerce graduate, a 55-year-old businessman and two others are being grilled in this connection," said a senior ATS officer. Earlier, the police had questioned seven persons but could not get any fruitful information from them and allowed them to walk free.

On August 28, Tanki called up his family and informed that Majeed had been killing in Mosul, Iraq in a bombing. "We are questioning people but our report is still inconclusive. All those being questioned have never travelled to Iraq nor they had any connection with any banned outfit I the past. They are from Thane district, Navi Mumbai and Kalyan. We don't want to disclose much about them since nothing has been established against them yet," he added.
Majeed, an engineering student, travelled to Iraq on May 23 with Fahad, Tandel and Tanki to 'pilgrimage to the country's religious shrines', but never returned. They were suspected to have joined the insurgents of the Islamic State of Iraq and Syria (ISIS). Before setting off, Majeed left a letter at home saying "fighting has been enjoined upon you". In it, he censured members of his family, saying he had "cried" when he saw them "sinning", "living luxurious lives", "watching television and "not praying".

The cops are scanning the SMSes and call data records of the suspects during the inquiry.

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Downsize diktat in Rajasthan villages trims big fat Marwari weddings in Mumbai

MUMBAI: Big fat Marwari weddings are slimming down as rules imposed by community elders in towns and villages of south Rajasthan domino down to families from there settled across the country.

Rajasthani weddings are traditionally known for big-ticket spending, and families spending close to Rs 100 crore to get their daughters married is not unheard of. Now, the elders are trying to impress on the community that the enormous sums spent are a waste and the lavish trend leads to pressure being brought on brides' families though they may not have the means to splurge.

In Takhatgarh, Bali, Sadri and other villages in Rajasthan's Pali and Jalor districts, a uniform code of conduct has taken shape for weddings in families that hail from there. Penalties have been spelt out for violation of the rules, and include measures like social boycott and fines of up to Rs 50,000.

For instance, weddings of people who hail from Takhatgarh have to be solemnized only in the village. The rules limit the number of dhol players when the baraat arrives and the number of lights to be used in decorations. The wedding spread too has been downsized, with only two sweets and a basic fare allowed.

While Bali, in Pali district, has allowed weddings in Mumbai, it has limited celebrations to only once during the day. An evening reception after sunset has been banned. Families who host dinner events will be boycotted for three years and families attending it too will be boycotted for a year.

"These practices are very good as they help in controlling the expenses on weddings and also reduce the expectations that the groom's family may have from the bride's family," said Chintmani Jain, a Dadar resident, who says he will follow the rules when his daughter gets married next year.

Mumbai is home to a sizeable population of Marwaris concentrated in areas like Bhuleshwar, CP Tank and Walkeshwar, with interests in diamond, jewellery and textile. Many have diversified into stock markets and government contracts. Ties with their roots remain strong, and families that hail from these villages still abide by the elders' code.

"It's time that people realize that some expenses on weddings are a sheer waste. People have 20 types of sweets in their weddings but no one eats so many sweets. It's a total waste," said Premlata Jain, who hails from Takhatgarh.

While many Rajasthani weddings in Mumbai have been toned down with DJ parties or dandiya nights given the miss, some have found ways to circumvent the restrictions. For example, they invite people for the 'mamera' (usually a small function held by the groom's maternal uncle) and turning it into a dandiya night.

"When our daughter got married in April, we held a reception as it was the last wedding in our family. We knew we would not be invited to any other function in our village. None of the people from our village attended the reception. Only close relatives and people from other villages, who are not bound by these restrictions, attended the event," said Shantilal Jain (name changed), a resident of Byculla.

Resistance, particularly from the well-off, is growing, with some finding loopholes in the rules. Ignoring attempts to put an end to ostentatious weddings by elders of Sadri in Rajasthan's Falna district through norms like having only a small engagement party to which a maximum of 15 family members can be invited followed by one traditional wedding-phera party, a mega marriage function took place in the city recently.

"We tried to enforce the rules, but they fell through when the first wedding itself took place. Most people felt that the rules were unrealistic and weddings in the community have always been synonymous with luxury," said Kishore Jain, owner of Valchandson Jewellers, who hails from Sadri.

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Police to keep vigil on power thefts during Ganesh festival

MUMBAI: The Mumbai police will now be keeping a close vigil on power thefts.

"We have got assurance from Mumbai police commissioner Rakesh Maria that his senior officers, including DCP (operations) and zonal DCPs will assist us in forming a special task force to curb electricity thefts during the ten-day Ganesh festival. It will be a major deterrent to offenders," said BEST general manager Om Prakash Gupta, while speaking to media after the committee meeting on Tuesday.

"The deputy police commissioners will also check the pending cases on power thefts at every police station and expedite the probe/filing of chargesheets. We will also request the court to take such cases on a priority,'' he stated.

Gupta said that BEST has also asked for a list of all mandals which have got the police permission and this will be cross-checked with the list of those who have applied for the electricity connections. "If we find anyone in the police list who has not applied for power supply, we will issue showcause notice to such mandals and take stringent action,'' he stated.

Gupta further said that the power distribution losses had dropped to 7.5 recently, which was an indicator that the number of power thefts too had declined.

Though BEST books several Ganesh pandals for "illegal" electricity connections every year, it got just 12 convictions in past five years and 400 cases ending in acquittals.But this year, the BEST is in for good news -- the number of legitimate power connections has gone up from 900 mandals four years back to 1,250 mandals.

"We will also undertake the illumination of Girgaum chowpatty and 32 other immersion sites for the benefit of lakhs of devotees,'' he said. The BEST has already set up facilitation centres and helplines for the Sarvajanik mandals to cater to any power-related emergencies.

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 Maharashtra to take back 100 hectares allotted to Videocon

The author has posted comments on this articleClara Lewis, TNN | Aug 31, 2014, 07.04AM IST

MUMBAI: The City Industrial Development Corporation (Cidco) has been allowed to take back 100 hectares allocated to Videocon at Navi Mumbai in 2008 to set up a TFT-LED plant.

The company was to be a join-venture between Cidco and Videocon. However, the latter was not inclined for a joint venture.

Since there had been little progress in even setting up the company the cabinet approved the proposal moved by Cidco to take back the land in a press release issued by the chief minister's office, the reason offered is that Cidco requires land for several important projects and hence the decision.

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Court grants man divorce over wife's demand for excessive sex

MUMBAI: A man, who sought separation from his wife alleging that she was aggressive and autocratic with an insatiable appetite for sex, was granted divorce by a family court here.

"Due to respondent's (wife's) non-appearance before the court, the petitioner's (husband's) evidence remains unchallenged on record. Hence this court has no option but to accept his evidence as it is and he is entitled to a decree of divorce as prayed," Principal Judge of family court, Laxmi Rao ruled in a recent order.

The husband had approached the family court in January, saying that his wife was "adamant, aggressive, stubborn and autocratic" and would pick up quarrels for no reason.

The man, in his petition told the court that she was showing an "excessive and insatiable desire for sex" and harassed him since their marriage in April 2012.

He also alleged that she administered him medicines and also forced him to consume liquor.

The husband alleged that she used to force him into having unnatural sex and whenever he tried to resist it, she would abuse him following which he had to succumb to her pressure and persistent demands.

He told the court that he worked in three shifts leaving him very tired, and even then he was compelled to satisfy her 'lust'.

The woman even went to the extent of threatening him that if her demands are not fulfilled, she will go to another man, without caring for his emotions and feelings, the court was told.

In December 2012, the man had to be hospitalised for a stomach ache during which she chose to go her sister's place, only to return after two weeks, the petition said.

Though doctors advised him to stay away from any physical relationship for a while, the wife kept up with her sexual demands, even as his health deteriorated for lack of rest, the petition submitted.

Further he said that in October 2013 he was operated for appendicitis and after discharge his wife insisted that they stay with her sister and even there, she forced him into having intercourse.

According to him, his wife even refused to visit a psychiatrist and threatened him against revealing anything to anybody.

In the petition, he said that it was intolerable for him to bear any more atrocities and that he also apprehended danger to his life and limb.

He said his wife has made his life horrible with her "cruel behaviour" and her "excessive prank for sex" has made it difficult for him to live together with her under one roof.

Judge Rao allowed the petition and dissolved the man's marriage.

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