Thanks everyone…...

Air Commodore Vishal was a Jet Pilot. In a combat mission his fighter plane was destroyed by a missile. He however ejected himself and parachuted safely. He won acclaims and appreciations from many.

After five years one day he was sitting with his wife in a restaurant. A man from another table came to him and said "You're Captain Vishal ! You flew jet fighters. You were shot down!"

"How in the world did you know that?" asked Vishal.

"I packed your parachute," the man smiled and replied.
Vishal gasped in surprise and gratitude and thought if parachute hadn't worked, I wouldn’t be here today.

 Vishal couldn't sleep that night, thinking about that man. He wondered how many times I might have seen him and not even said 'Good morning, how are you?' or anything because, he was a fighter pilot and that person was just a safety worker"

So friends, who is packing your parachute?
Everyone has someone who provides what they need to make it through the day.

We need many kinds of parachutes– we need the physical parachute, the mental parachute, the emotional parachute, and the spiritual parachute.

We call on all these supports before reaching safety.

Sometimes in the daily challenges that life gives us, we miss what is really important.

We may fail to say hello, please, or thank you, congratulate someone on something wonderful that has happened to them, give a compliment, or just do something nice for no reason.

As you go through this week, this month, this year, recognize the people who pack your parachute.

😊 *I just want to thank everyone who packed my parachute this year one way or the other*- through your words, deeds, prayers etc !!   Don't want to take any of you for granted .
From the bottom of my heart with all my love.


Wishing you all a pleasant and a memorable end to 2018 and an awesome beginning of 2019. ..



(Courtesy - Unknown WhatsApp forwarded message)

Why Me ?

" Why Me ? "

A Beautiful Message
by Arthur Ashe ,
The legendary Wimbledon Player who 
was dying of  AIDS , which he got due to 
infected blood he received during a 
Heart Surgery in 1983 !

During his illness , he received letters from his fans ,
one of which conveyed :

" Why did God have to select you for such a bad disease ? "

To this Arthur Ashe replied :

- 50 Million children started playing Tennis ,

- 500,000 learnt Professional Tennis ,

- 50,000 came to circuit ,

- 5,000 reached Grand Slam ,

- 50 reached Wimbledon ,

- 4 reached Semifinals ,

- 2 reached the finals and 

when I was holding the cup in my hand ,
I never asked God :

" Why Me ? "

So now I'm in  pain how can I ask God :

" Why Me ? "

Happiness....keeps you Sweet !

Trials.....keep you Strong !

Sorrows....keep you Human !

Failure....keeps you Humble !

Success....keeps you Glowing 1

But only , Faith....keeps you Going !

Sometimes you are not satisfied with 
your life , while many people in this 
world are dreaming of living your life.

A child on a farm sees a plane fly
overhead dreams of flying , while a
pilot on the plane sees the farmhouse
and dreams of returning home. 

That's life !

Enjoy yours ... if wealth is the secret to happiness ,
then the rich should be dancing on the streets. 

But only poor kids do that .

If power ensures security , then VIP's 
should walk unguarded . 

But those who live simply , sleep soundly .

If beauty and fame bring ideal 
relationships , then celebrities should 
have the best  marriages .

Live simply , be happy ! Walk humbly
and love genuinely !

WHY ME ?

A Beautiful Message not just to read
and forward but to apply practically in 
our personal life .



(Courtesy - Unknown WhatsApp forwarded message)

Have a Happy Life !!

Dear friends …

As I sat in the park after my morning walk,
My wife came and slumped next to me.
She had completed her 30-minute walk. We chatted for a while.
She said, she is not happy in life.
I looked up at her in sheer disbelief since she seemed to have the best of everything in life.
Why do you think so?
I don't know. Everyone tells I have everything needed, but I am not happy.

Then I questioned myself, am I happy?  "No," was my inner voice reply.

Now, that was an eye-opener for me.
I began my quest to understand the real cause of my unhappiness,
I couldn't find one.

I dug deeper, read articles, spoke to life coaches but nothing made sense.
At last my doctor friend gave me the answer which put all my questions and doubts to rest. I implemented those and will say I am a lot happier person.

Doctor friend said, there are four hormones which determine a human's happiness
1. Endorphins,
2. Dopamine,
3. Serotonin,
and
4. Oxytocin.
It is important we understand these hormones,
as we need all four of them to stay happy.

Let's look at the first hormone the *Endorphins.*
When we exercise, the body releases Endorphins. This hormone helps the body cope with the pain of exercising. We then enjoy exercising because these Endorphins will make us happy. Laughter is another good way of generating Endorphins. We need to spend 30 minutes exercising every day, read or watch funny stuff to get our day's dose of Endorphins.

The second hormone is Dopamine.
In our journey of life, we accomplish many little and big tasks, it releases various levels of Dopamine. When we get appreciated for our work at the office or at home, we feel accomplished and good, that is because it releases Dopamine. This also explains why most housewives are unhappy since they rarely get acknowledged or appreciated for their work. Once, we join work, we buy a car, a house, the latest gadgets, a new house so forth. In each instance, it releases Dopamine and we become happy.
Now, do we realize why we become happy when we shop?

The third hormone Serotonin is released when we act in a way that benefits others. When we transcend ourselves and give back to others or to nature or to the society, it releases Serotonin. Even, providing useful information on the internet like writing information blogs, answering peoples questions on Quora or Facebook groups will generate Serotonin. That is because we will use our precious time to help other people via our answers or articles.

The final hormone is Oxytocin, is released when we become close to other human beings. When we hug our friends or family Oxytocin is released. The "Jadoo Ki Jhappi" from Munnabhai does really work. Similarly, when we shake hands or put our arms around someone's shoulders, various amounts of Oxytocin is released.

So, it is simple, we have to exercise every day to get Endorphins,
we have to accomplish little goals and get Dopamine,
we need to be nice to others to get Serotonin and
finally hug our kids, friends, and families to get Oxytocin
and we will be happy.
When we are happy, we can deal with our challenges and problems better.

Now, we can understand why we need to hug a child who has a bad mood.

So to, make your child more and more happy day by day ...

1.Motivate him to play on the ground
*Endorphins*
2. Appreciate your child for his small big achievements
*Dopamine*
3. inculcate sharing habit through you to your child
*Serotonin*
4. Hug your child
*Oxytocin*

Have a Happy Life !!


(Courtesy - Unknown WhatsApp forwarded message)

थोड़ी सी खुशी...

*बहुत दिन बाद पकड़ में आई...*
*थोड़ी सी खुशी...*
*तो पूछा ?*

"कहाँ रहती हो
आजकल....
ज्यादा मिलती नहीं..?"

"यही तो हूँ"
जवाब मिला।

बहुत भाव खाती हो खुशी ?..
कुछ सीखो अपनी बहन से...

हर दूसरे दिन आती है
हमसे मिलने..  "परेशानी"।

"आती तो मैं भी हूं...
पर आप ध्यान नही देते"..

"अच्छा?".
"कहाँ थी तुम जब पड़ोसी ने नई गाड़ी ली?"
"और तब कहाँ थी जब रिश्तेदार ने बड़ा घर बनाया?"

शिकायत होंठो पे थी
 कि.....
उसने टोक दिया बीच में.

  "मैं रहती हूँ..…
कभी आपकी बच्चे  की किलकारियो में,

कभी रास्ते मे मिल जाती हूँ ..
एक दोस्त के रूप में,

कभी ...
एक अच्छी फिल्म देखने में,

कभी...
गुम कर मिली हुई किसी  चीज़ में,

कभी...
घरवालों की परवाह  में,

कभी ...
मानसून की पहली बारिश में,

कभी...
कोई गाना सुनने में,

दरअसल...
थोड़ा थोड़ा बांट देती हूँ,
खुद को छोटे छोटे पलों में....

उनके अहसासों में।💒💐
     
लगता है चश्मे का नंबर बढ़ गया है
आपका.?
   
*सिर्फ बड़ी चीज़ो*
*में ही ढूंढते हो मुझे.*
   *खैर...*
*अब तो पता मालूम हो गया ना मेरा*●●●●●
   
*ढूंढ लेना मुझे  आसानी से अब छोटी छोटी बातों में*●●.😊😊

Bank Retirees - The Unwanted Lot

1616-1684 Arrears - Commutation

The matter concerns, refixation  of pension and consequential arrears  with respect to the bank employees who retired or died while in service on or after 1.4.1998 and before 31.10.2002.
Let’s look the operative part of the the various judgements.

Operative part  of Karnataka High Court  Judgement dated 21.04.2011.
# 13…..bank shall pay the differential amount of pension and commutation value of pension to the petitioners on that basis,within a period of eight weeks, if not earlier and in the event of failure to make the payment as above, the banks shall be liable to pay interest at the rate of 10% on the said amounts till the date of payment.

Operative part of SC Judgement dated 13.02.2018.
“# 34. Thus, we set aside the judgment rendered by the High Court of Delhi and affirm that of High Courts of Karnataka at Bangalore and the High Court of Madras. The appeals filed by the Banks are dismissed and the appeal filed by the Association is allowed. Resultantly, let the amount which was due and payable be paid with 9% interest, be calculated and paid within four months from today.

From the above judgements it is clear that commutation is the important part of the arrears to be paid to the concerned employees.

Thus the arrears to be paid will have the following three components.

Arrears  =  Difference of (Basic Pension + DA) with interest @9% plus (+) Commutation Value with interest @9% minus (-) monthly recovery of commutation amount (⅓ of difference of Basic Pension)  for 15 years from the date of retirement.

Now the moot point in payment of arrears of  commutation is the recovery of commutation amount (⅓ of difference of Basic Pension) for 15 years from the date of retirement.

Here I wish to draw attention towards relevant portions of  Regulation 41, of Pension Regulations  which reads as under:-

# 41(2) An employee shall indicate the fraction of pension, which he desires to commute, and may either indicate the maximum limit of one-third pension or such lower limit, as he may desire to commute.
# 41(4) Notes (2) An employee who had commuted the admissible portion of pension is entitled to have the commuted portion of the pension restored after the expiry of a period of fifteen years from the date of commutation.
# 41(4) Notes (6) The commutation of pension shall become absolute in the case of an employee,  (a) retiring on superannuation or voluntary retirement who submits an application for commutation of pension before the date of retirement, on the date following the date of retirement:
# 41(6) An applicant who is authorized a superannuation pension, voluntary retirement pension, premature retirement pension, compulsory retirement pension, invalid pension or compassionate allowance shall be eligible to commute a fraction of his pension under these regulations.
Provided that on and from 1.7.2003, in case of an applicant in whose case the commuted
value of pension becomes payable on the day following the date of his retirement or from the
date from which the commutation becomes absolute, the reduction in the amount of pension on account of commutation shall become operative from its inception. Where, however, payment of commuted value of pension could not be made within the first month after the date of retirement or within the first month after the date when the commutation becomes absolute as the case may be, the difference between the normal monthly pension and the commuted pension shall be paid for the period between the date on which commutation becomes absolute and the date preceding the date on which commuted value of pension is deemed to have been paid.
(AMENDMENT NOTIFIED IN GAZETTE OF GOVERNMENT OF INDIA DATED 24.7.2004)

In the present case, as the commutation value is being paid after 01.07.2003 and a period of more than 15 years have already passed from the date commutation had become absolute, banks are not entitled to make any recovery on account of commutation (⅓ of difference of Basic Pension).

However, even if one takes a very narrow interpretation of the Regulation 41(6) which is operative w.e.f. 01.07.2003, banks at the maximum can recover commutation amount (⅓ of difference of Basic Pension), only from the date of retirement upto 30.06.2003.

I understand that most of the banks have not paid the arrears on account of commutation, which is high handedness ,disregard of Pension Regulations and importantly Contempt of the Court, on the part of bank managements.

I recall from memory, the similar high handedness attitude of the bank managements, while making payment of arrears of pension for 5 years notional service to retirees under Voluntary Retirement Scheme (EVRS-2000) allowed by SC in 2009. At that time also banks recovered commutation amount (⅓ of difference of BP), from the date of voluntary retirement upto the date of payment of arrears in 2009, blatantly disregarding the Pension Regulation 41.6, as above.

MahaRERA, the Savior of Builders

Recently I had a chance to visit MahaRERA Pune office with my friend, in connection with a complaint filed by my friend against Lavasa Corporation Ltd. for not completing the project in time as per the registered agreement. From the discussions held with the other complainants present there, following came to my knowledge.

First of all let’s look at the preamble of the RERA Act.

                                                           PREAMBLE
                              Real Estate (Regulation and Development) Act, 2016

   "An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector and to ensure sale of plot, apartment of building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish an adjudicating mechanism for speedy dispute redressal and also to establish the Appellate Tribunal to hear appeals from the decisions,directions or orders of the Real Estate Regulatory Authority and the adjudicating officer and for matters connected therewith or incidental thereto."

The main emphasis in the preamble of the Act. is to protect the interest of consumer in the real estate sector.

Under section 2(d) of the Act,  allottee has been defined as under:-
 # 2(d) allottee" in real estate project, means the person to whom a plot, apartment or buildings, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or buildings, as the case may be, is given on rent;"

In the above definition of the allottee, three terms in respect of holding a property have been mentioned. which are  a) Freehold   b) Leasehold   c) Given on rent.

Now comes the crux of the problem. Under the FAQ’s published by MahaRERA, the nature of holdings of the property i.e. b) leasehold and   c) given on rent, have been merged and treated as given on rent as under.

 # FAQ - 8. Does the term ‘allottee’ include secondary sales? 

Ans: As per section 2(d) an allottee includes a person who acquires the said ‘apartment / plot’ through transfer or sale, but does not include a person to whom such plot, apartment is given on rent. The Act doesn’t include rental projects, lease / leave and License deals.

Thus in effect MahaRERA has amended the Act of the Parliament in a very ingenious way by publishing FAQ’s on the website of MahaRERA.

Taking support of the MahaRERA FAQ;s  Mumbai bench of MahaRERA  passed the following ruling on 1st February,2018.

# 11…………………....Section 31 of the Act confers .jurisdiction on the Authority or Adjudicating officer only when there is violation or contravention of the provisions of RERA or the rules and regulations made thereunder. After going through these provisions, I find that RERA is not applicable to the transactions of lease. Since the complainants have agreed to take apartments from respondents on lease, MahaRERA does not get any jurisdiction to adjudicate upon their complaints. Hence they are to be dismissed for want of jurisdiction.
# 12. MahaRERA has very limited jurisdiction when it makes the enquiry in the complaints. Intention of the parties is the important aspect while ascertaining the nature of the documents. The parties are educated. They have executed the agreements and it is necessary to give face value to the contents of agreements and therefore, I hold that the agreements are not for sale of the flats but they are for lease. If the complainants still feel that it is necessary to vindicate their rights they are at liberty to approach the proper forum to get it declared after full-fledged trial that the agreements though are styled as 'agreements for lease', are in fact, 'agreements for sale'. Hence, the following order.
                                                   
                                                ORDER
              The complaints are dismissed for want of jurisdiction
Mumbai.                                                                                              - Sd -
Date: 01.02.2018.                                                                         (B.D.Kapadnis)
                                                                                         Member & Adjudicating Officer
                                                                                                 MahaRERA, Mumbai.



MAHARASHTRA REAL ESTATE APPELLATE TRIBUNAL under MahaRERA Act had vide order dated 15th March, 2018  ruled that MahaRERA has jurisdiction over the leased properties as well. Excerpts of the order are as under.
Excerpts…..

# 1) Heard finally.
# 2) The appellant has questioned legality and correctness ot order dt. 15.1.2018 recorded by Ld. Member and Adj. Officer, MahaRERA Authority, whereby the complaint was dismissed for want of jurisdiction. The ld. Member formulated a question "Whether lessee can file a complaint under The Real Estate (Regulation and Development) Act, 2016 (RERA Act) against a lessor is the most important issue involved in this complaint.
.
.                          ORDER
# 1) Appeal is partly allowed.
# 2) It is held that the Adjudicating Member of MahaRERA has the jurisdiction to entertain the complaint of the Appellant on its merits.
# 3) Both the ld. Advocates have urged that the matter be heard by Adjudicating Member at Mumbai only.
# 4) That matter is remanded to the Ld. Adjudicating Member, Mumbai to decide the complaint on Its own merits after affording opportunities to both Sides,
# 5) No expression or opinion is indicated about the entitlement of the complainant for relief in terms of Sec. 18 or otherwise. The parties to appear before the Authority (Adjudicating Member) presiding over at Mumbai on 27"'March 2018.
# 6) No costs.
Dictated and pronounced in open Court today..                            - Sd -
                                                                                            (K. U. CHANDIWAL, J.)
                                                                                            President,
                                                                                            Maharashtra Revenue Tribunal,
Place: Mumbai                                                                     Mumbai
Dated: 15th March, 2018                                                     & 1/c. Maharashtra Real Estate
                                                                                             Appellate Tribunal, (MahaRERA),
                                                                                             Mumbai

Now Lavasa Corporation Ltd has filed second appeal in Honorable High Court at Mumbai & seeking adjournments in all other complaints cases against Lavasa Corporation Ltd. before MahaRERA, thus frustrating the efforts of allottees to seek relief under the Act. Here it is worth noting that Lavasa Corporation Ltd, as a matter of policy sells the residential units on 999 years Lease, with annual lease rental of Rs.1.00 per year, thus effectively blocking all complaints against them (Lavasa Corporation Ltd.)

As of now, none of the Authority, has clearly defined the difference between a leasehold and holding on rent basis, specifically when leasehold basis and on rent has been separately mentioned in the definition of the allottee under section 2(d) of the Act as mentioned supra above.

Let's again look section 2(d) & FAQ-8, which reads as under:-

FAQ - 8. Does the term ‘allottee’ include secondary sales? 

Ans: As per section 2(d) an allottee includes a person who acquires the said ‘apartment / plot’ through transfer or sale, but does not include a person to whom such plot, apartment is given on rent. The Act doesn’t include rental projects, lease / leave and License deals.

# Section 2(d)

"allottee" in real estate project, means the person to whom a plot, apartment or buildings, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or buildings, as the case may be, is given on rent;"

Thus section 2(d) goes on defining the person who subsequently acquires (out of secondary sale by the allottee) as under 

"................ and includes the person who subsequently acquires (from allottee out of secondary sales) the said allotment through sale, transfer or otherwise (inheritance / gift ) , but does not include a person (out of secondary sale by the allottee) to whom such plot, apartment or buildings, as the case may be, is given on rent ( by the allottee).

In the FAQ's, though it talks about the secondary sale ( by the allottee), but goes on defining the allottee.

As per section 2(d) the primary allotment to the allottee by the builder, sale on leasehold basis is clearly covered.

Section 2(d)...."allottee" in real estate project, means the person to whom a plot, apartment or buildings, as the case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter,"

In both the judgements quoted above, neither  Honorable Member MahaRERA, nor RERA Tribunal had clarified on  the above issue.

In layman’s terms holding my be treated on leasehold basis when
a)..Parties has named the agreement as lease deed / agreement to lease, which indicates / defines the intentions of the parties to the agreement.
b)..Stamp duty has been paid as lease deed. In Maharashtra stamp duty on long term lease deed is 4% (equivalent to the conveyance deed) of the lease premium.
c)..Lease premium paid by the lessee is not refundable.

And holding on rental basis be treated when
a)..Parties has named the agreement as rent deed, which indicates / defines the intentions of the parties to the agreement.
b)..Stamp duty has been paid as rent deed. In Maharashtra stamp duty on rent deed is 0.25% of the rent for the entire rental period + refundable deposit.
c)..Deposit taken by the owner is refundable at the time of vacation of the premises after the expiry of the rental period.


Present Position. As most of the major builders are selling residential units on leasehold basis, nearly more than 50% of the home buyers in Maharashtra, are effectively pushed out of the purview of MahaRERA.

Another Important issue When a allottee wants to file a complaint, against the builder / promoter of the project, online on the website of MahaRERA , he ( complainant / allottee) is asked to enter the project registration no. to proceed with filing of the details of the complaint. In case the complainant / allottee does not know the project registration no or the builder / promoter has not registered the project, the allottee is prevented from filing the complaint for want of project registration no. Thus benifitting the builder / promoter for not registration of the project. This is not the case in other states.

As per RERA Act. a consumer can also file complaints for structural deficiencies of the property up-to 5 years from the date of possession & for defects in the title of the property, for which there is no limitation of the time period. The registration of the project is valid up-to the date of issue of completion certificate. Thus in the present format of filing of complaint online, complainants falling under these categories will be denied the right to file complaint.

With my very limited exposure to the Act and rudimentary legal knowledge, I have tried to put the above two issues in the public domain, in order to increase the awareness in general public. I request experts in this field to contribute in the effort ,which will go a long way to increase the transparency  in the field & confidence of the consumer which will help in creating vibrant real estate market.

As per the preamble of the Act MahaRERA is mandated to protect the interest of consumers in the real estate sector.
I request MahaRERA to provide draft template of agreement of sale and standardise letter of allotment to be issued by the builder. Furthur as a regulatory authority MahaRERA may recommend suitable changes in the Act to protect the interests of the consumer, specifically on the issue of leasehold / holding on rental basis and  / or adding of definition of lease under section 2 of the Act

I request the intervention of State Govt. &  Union Ministry of Law  to take suitable remedial measures and / or  to suitably amend the law, if required.

5th August.2018
In a welcome  judgement / order dated July 31, the Mumbai High Court division bench of Justice VM Deshpande and Justice RM Borde instructed MahaRERA to make "necessary modifications" in its software — in order to entertain complaints of unregistered projects — within a period of 15 days.