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

Friday, 5 April 2019

Most Viewd Blogs - II

301

162
302

162
303

161
304

161
305
161
306

161
307

160
308

160
309

160
310

160
311

160
312

159
313

159
314

158
315

158
316
156
317

154
318

153
319

153
320

152
321

151
322

151
323

151
324

151
325

150
326

150
327

150
328

150
329

150
330

150
331

150
332

149
333

149
334

147
335

146
336

146
337

146
338

144
339

144
340

143
341

143
342

143
343

142
344

142
345

142
346

141
347

140
348

140
349

140
350

140
351

139
352

139
353

138
354

138
355

138
356

138
357

138
358

137
359

137
360

137
361

136
362

136
363

136
364

135
365

135
366

135
367

135
368

134
369

134
370

134
371

134
372

134
373

133
374

133
375

133
376

133
377

132
378

132
379

132
380

132
381

131
382

131
385

131
383

131
384

130
385

130
386

130
387

130
388

129
389

128
390

128
391

128
392

128
393

128
394

128
395

128
396

128
397

127
398

127
400

127
401

127
402

126
403

125
404

125
405

125
406

125
407

124
408

124
409

124
410

124
411

124
412

124
413

124
414

123
415

123
416

122
417

122
418

122
419

122
420

122
421

122
422

121
423

121
424

121
425

121
426

120
427

120
428

119
429

118
430

117
431

117
432

116
433

116
434

116
435

116
436

116
437

116
438

116
439

116
440

115
441

115
442

115
443

114
444

114
445

114
446

113
447

113
448

113
449

113
450

113
451

113
452

113
453

112
454

112
455

112
456

112
457

111
458

111
459

111
460

111
461

110
462

110
463

110
464

109
465

109
466

109
467

109
468

109
469

109
470

109
471

108
472

108
473

108
474

108
475

108
476

108
477

108
478

107
479

107
480

107
481

107
482

106
483

106
484

106
485

105
486

105
487

105
488

105
489

105
490

104
491

104
492

104
493

104
494

104
495

103
496

102
497

102
498

102
499

102
500

102
501

102
502

102
503

102
504

102
505

102
506

102
507

102
508

101
509

101
510

101
511

101
512

101
513

101
514

101
515

100
516

100
517

100
518

100
519

100
520

100
521

100
522

100
523

100
524

100
525

100
526

100
527

100

Total Blogs Viewed
108050

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 deliveredafter 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