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Total
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|
108050
|
Hi Friends,
Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do. There is just no time to look back, no time to wonder,"Will anyone read these pages?"
With regards,
Hemen Parekh
27 June 2013
Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically
Hemen Parekh
27 June 2013
Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically
Friday, 5 April 2019
Most Viewd Blogs - II
RERA : a case of UnReal Estate / UnReliable Builders ?
Why is
Supreme Court so unhappy with RERA ?
For reasons
that you will find in following news reports :
But , beyond pointing out the obvious lacuna in purchase
agreements between a property buyer and the seller , Supreme Court cannot “
order “ inclusion of the clauses in that contract, which can protect the buyers
– the way it does in case of “ Leasing / Renting Agreement “ between a Lessor
and a Lessee
In these agreement, if a lessee stops paying rent or refuses to
vacate the rented premise when due, the law provides specific clauses under
which courts can force an eviction
Some very similar clauses are required to be incorporated in “
Property Purchase Agreement “ , by suitably amending the RERA , when the
Builder fails to handover the possession of a flat , despite the buyer having
paid all the due installments in proper time
I
suggest incorporation of the following clauses :
[ A ] Risk
Purchase
[ B ] Liquidated
Damages
Just
as the builder may levy a penalty for delay in payment on your part, you can
incorporate the penalty the
builder must pay if he delays handing over the
possession on schedule.
=========================================================
06 April 2019
Rsvp :
hcp@RecruitGuru.com
Thursday, 4 April 2019
E- Bus : without ETA [ Expected Time of Arrival ] ?
Here is why :
Extract :
The
automobile manufacturer has been pulled up by the government for failing to
honour the deadline regarding the timely deliveries of the vehicles along with
a warning that it
could be proscribed from
getting future contracts under FAME
II if the dispatches are not
expedited.
Tata Motors
in March 2018, had won a
contract for supplying 40 electric buses each
to the cities of Guwahati, Kolkata, Jaipur, Jammu & Kashmir, and Lucknow,
the deadline of which according to the report has been missed
======================================================================
MY TAKE
If the supplier could not deliver even 40 buses after ONE YEAR , what can we
expect the “ Shape of Things to Come “ under FAME
II , which calls for delivery of 7,090
e-buses in next 3 years ie : some 2300 per year ?
Is FAME
II headed for an “ Unmitigated Disaster “ ?
Some 50 years back , on the northern border of Canada,
USA government installed a series of Radar installations , to give it an early
warning of a few minutes , for arriving Russian missiles
It was popularly known as DEW ( Distant Early Warning ] system .
Forewarned is forearmed
!
I urge the Central Government to IMMEDIATELY install the
following DEW system for
all E – Bus purchase – even if that means
cancelling the existing orders – and re-tendering
Central Government to release a STANDARD AGREEMENT for all public authorities for purchase of E – Buses , to become eligible to get subsidy under
FAME
II
That agreement must include following clauses :
[ A
] Lease
There
will be no “ outright purchase “ . All tenders will be only for “ Wet Leasing “ of buses
Wet
leasing tariff shall only be on “ Per Km “ basis and never on “ Per Day –Week –Month “ basis
( This
will put the ball in the court of the bus
supplier to ensure that the buses are
in working conditions , all
the time. Supplier will ensure plenty of spare
parts / availability of drivers / network of Charging Stations )
[ B
] Risk Purchase
If
delivery is delayed by 30 days beyond committed delivery date , buyer will have
recourse to wet lease
buses from any source – the cost of which, the
original supplier will have to bear
[ C
] Liquidated Damages
For each
day of delay beyond the committed delivery date , supplier will be liable to compensate
the buyer
an amount equal to the “ average daily
operating cost of an alternate diesel bus x number of e – buses on
order “
[ D
] Bonus cum Penalty
Early delivery :
For each week of early delivery , supplier
will be paid 1 % additional “ Per Km “ tariff for the
first year of running ( Km ) of the number of
buses delivered earlier ( than stipulated date )
That
means , should supplier deliver 5 buses , 4 weeks earlier , then supplier will
be entitled to get paid as
follows :
“ AT /
km ( Agreed tariff ) + 4 % AT = BT / km ( Bonus tariff )
Bonus Amount
= BT x No of buses delivered early ( ie
5 ) x Guaranteed Km / year ( may be 30,000 Km at
150 km /
day X 200 days )
Late delivery :
Reversal of above calculation by deducting 1 %
of AT per week of late delivery , to arrive at PT ( Penalty
Tariff
and Penalty Amount )
[ E
] Termination
In the
event of supplier failing to deliver beyond 3 months of the stipulated date, buyer
reserves the right to
terminate the contract without notice but
without prejudice to its claims under aforementioned clauses
=====
==================================================================
It is the same sad story of late ( by 2 years ? )
deliveries of 10,000 Electric Cars ordered by EESL
on TATA Motors and M&M , in March 2017
As of today, only
1,000 cars have been delivered – after 2 years of
waiting !
Starting with my first email ( 16 Aug 2017 ) till the last one ( 12 Oct
2018 ) , I have sent 16
emails
to EESL
, urging it to cancel this order and retender for Wet Leasing
[ EESL
: It is your move now ! ………………. 12 Oct 2018
]
Moral of the ( Hi )–Story :
# Fool ……………………………
Keeps making the same mistake , again and again . Never learns
# Learner ……………………..
Does not make the same mistake twice . Learns from own mistake
# Wise
person …………….. Learns from mistakes of
others – and avoids making mistake in first place
# ?
? ? ? ? ……………….
Goes to extreme length to defend a mistake as something “ Unavoidable “
===============================================================================
05 April
2019
Rsvp :
hcp@RecruitGuru.com
Wednesday, 3 April 2019
Pigovian Tax for Polluters ?
Pigovian Tax for Polluters ?
A few weeks back I suggested :
# All 230 million vehicles operating in India ,
pay TRANS-Tax
# More
polluting vehicles pay more tax
# Less
polluting vehicles pay less tax
# Diving conditions
/ locations / time etc to decide the exact ( but varying ) amount of tax
payable
# Tax to be
paid for every hour of a vehicle’s life ( even when parked ) - and to be paid
hourly
# Tax to be
automatically deducted from pre-paid sensor ( e-Wallet ) pre-installed in each vehicle
[ Concept details at : Transport : an
Integrated Logistic Plan ? -
20 Nov 2018 ]
It seems , London Mayor Sadiq
Khan is about to introduce a truncated version of my proposal , starting 08
April 2019 , under which :
“ Most vehicles that do not meet the
European emissions standards are subject to a £12.50 ($16.30) charge for every day they drive within the ULEZ, in
addition to the £11.50 congestion charge that operates on weekdays.
If a driver fails to pay within two weeks, they will face a penalty of £160. This will be halved if paid within two weeks.
Lorries will face a much higher daily charge of £100, with a penalty fare of £1,000.
The goal is to discourage people from driving heavily polluting vehicles in the city, in a bid to bring down levels of air pollution and associated health problems.
London's poor air quality shortens the lives of thousands of people every year. The Mayor, Sadiq Khan, has called it a public health emergency.
Now London had already introduced a “ Congestion Tax “
( for vehicles entering specified area in Central London ), some 15 years ago .
Proposed Ultra Low Emission Zone ( ULEZ
) will be in addition to that
From the following report, it seems that the Congestion
Tax has been very successful
It managed to :
# Reduce traffic by 15 %
# Congestion
by 30 %
# Traffic volumes in the charging zone are
now nearly a quarter
lower than a decade ago,
allowing central London road space to be
given over to cyclists and pedestrians.
# Between 2002 and 2014, the number of private cars coming into the zone fell by 39
per cent.
# Trips by taxi and private for hire vehicle
as the main mode of the journey increased by 9.8 per cent between
2015 and 2016 alone – and 29.2 per cent since 2000
Now considering that, in Mumbai we have approx. 3.3
million ( - and far older and therefore, more polluting ) vehicles as against 2.7 million vehicles in London , I
would think , we have a greater need to implement a superior system of taxing
vehicles than in London
Unfortunately, such a solution is unlikely to appear
any time soon, given the constant fighting between the Municipal Corporation and
the State Government
I do not expect Election Manifestos of either BJP or of
Congress to read :
“ If voted to
power, we promise to implement within one year : Transport : an Integrated Logistic Plan ? “
===============================================================
04 April
2019
Rsvp : hcp@RecruitGuru.com
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