Anil Sharma

One look at the overall infrastructure in India and you seriously feel the need for a Govt revamp. After thinking about it for some days and going through an experience where my SUV’s wheel nearly couldn’t come out of a pothole on a State level highway, I think these 3 new ministries must be created by the Govt. of India:

a. Ministry of Finishing

The role is to finish everything left unfinished by all other departments. Roads (made narrower than possible), footpaths, landscape open areas, cover drains, complete the road dividers, finish boundary walls, put signage’s, connect to the drains etc. You get the idea. You know this kind of work is required to be done everywhere, in every city, town and village. The ministry will be inundated with work.

b. Ministry of Cleanliness

The departments do their jobs (incomplete as usual), the Ministry of Finishing completes it and we need the Ministry of Cleanliness to keep things clean. Dust needs to be vacuumed from road ends, trash needs to be moved from everywhere (and fine those who throw trash in the open – which department is currently supposed to do that anyways?), fixtures need to be cleaned, wall posters and banners need to be removed, paint jobs are required frequently. We need this, everyone knows it.

c. Ministry of Repairs

With infrastructure finished and cleaned, we need a dedicated Repairs ministry. They must have authority, funds and contractors to repair anything as soon as it breaks. The current process of repairing a pothole within a few months of it being brought to the notice of the concerned department by newspapers must be changed to a process where a constant survey team immediately gets repairs done.

All 3 ministries must be Central Govt ministries with Head Offices at District level and branch offices at Town/Village levels. The information system must be web and mobile based wherein a complaint can be logged/SMSed by citizens, a complaint number will be given immediately and action taken within 3 days.

Dear Mr Rahul Gandhi

I am shocked at the speech you gave in Parliament today, you have no right to be a leader of the masses if your speech reflects your thinking. I am left with no choice but to educate people by dissecting your speech in detail:

You have said:

“I have been deeply distressed at the developments of the last few days. Many aspects of the situation have caused me anguish.”

Are you speaking the truth? With a surname like Gandhi, that’s the least expected of you. Where were you for the last few days? The entire nation awaited your intervention to resolve the impasse but you were absent.  Various TV channels and eminent people in the Media tried to get your comment, there was none. Everyone in India gave their comments, from the general public to attention seekers like Shobha De, Arundhati Roy & Rakhi Sawant. Where were you?

“We are all aware that corruption is pervasive. It operates at every level.”

Oh, Oh. You are the General Secretary of the Congress party, that has lead the nation for almost 60 years of it’s Independence. Aren’t you responsible for the State as it exists today? Thereby, aren’t you responsible for creating this ever so pervasive corruption at every level?

“we cannot wish away corruption by the mere desire to see it removed from our lives. This requires a comprehensive framework of action and a concerted political program supported by all levels of the state from the highest to the lowest. Most importantly, it requires firm political will.”

That’s exactly what the Congress Party lacks, firm political will. In case you are not aware, your party is running the government currently, if you had political will, you should have prepared the comprehensive framework of action by now.

“in the past few years I have travelled the length and breadth of our country. I have met scores of countrymen, rich and poor, old and young, privileged and disempowered who have expressed their disillusionment to me.”

Thank you so much for informing the public that you have travelled extensively around the country, I assume it was done at the cost of taxpayers. What is the outcome of all your travels? That people are disillusioned by the way the country has been run by your party? Good, so now you’ve heard it. What have you done about it? Do you even intend to do anything about it? Lets hear the plan then.

“Witnessing the events of the last few days it would appear that the enactment of a single Bill will usher in a corruption-free society. I have serious doubts about this belief.”

If you have any belief (a.ka. plan), please express it. Sure the enactment of a single bill will not usher in a corruption-free society but how will not allowing any bill to pass ensure a corruption-free society? A combination of bills such as the RTI Act, RTE Act, The Judicial Standards and Accountability Bill, Lokpal Bill, Women’s Reservation Bill together can surely reduce corruption, why do you prevent or subvert these bills from being passed?

“An effective Lok Pal law is only one element in the legal framework to combat corruption. The Lok Pal institution alone cannot be a substitute for a comprehensive anti-corruption code.”

So why has your government not worked to create an effective Lok Pal? The bill presented by your government is toothless, you’re ensuring that it does nothing to combat corruption. And where is the comprehensive anti-corruption code, what has your party done in the past 64 years to create this code?

“ Madam Speaker, why not elevate the debate and fortify the Lok Pal by making it a Constitutional body accountable to Parliament like the Election Commission of India? I feel the time has come for us to seriously consider this idea. “

Sure, why not? For the first time, you’re talking sense. So why doesn’t the bill presented by your Government have this provision? Why doesn’t it propose making the Lok Pal a constitutional body? Maybe you’ve just woken up but it’s not too late, please get this added in the bill, thank you.

“A tactical incursion, divorced from the machinery of an elected Government that seeks to undo the checks and balances created to protect the supremacy of Parliament sets a dangerous precedent for a democracy.”

Tactical incursions are made today by the people of India because the elected Governments and representatives have failed to deliver. Simple. Yes, Democracy is at stake and the current revolution and protests are to warn the leaders that unless they wake up and take action, the people will take over.

“Today the proposed law is against corruption. Tomorrow the target may be something less universally heralded. It may attack the plurality of our society and democracy.”

So Mr Gandhi, in fear of tomorrow, you will not do something right today? You will not approve a law against corruption today because the people of the country might ask for something else tomorrow? Smells fishy really.

“I believe in Government funding of our political parties.”

As the General Secretary of the Congress party, would you mind putting up details of funding received by the Congress Party on your website? It will help the nation decide if the Government should give such amounts of funding to political parties or not.

“Let us commit ourselves to truth and probity in public life. We owe it to the people of India.”

This is how you end your speech, without even addressing the key issue.

Where is your stand on the Jan Lok Pal Bill? Do you support the Jan LokPal bill as presented by the Civil Society member? No? Yes? Do you support the inclusion of the Citizens charter in the LokPal bill? Why don’t you want lower level government officials, who collect all the money on behalf of the top level leader, kept out of the LokPal jurisdiction?

To have read a speech without a stand on an issue so important clearly indicates your support to forces in your government who want corruption to flourish.

You have let the Nation down and you must make amends before a tactical incursion, divorced from the machinery of an elected Government seeks to undo the likes of you.

Just upgraded to Mac OS X Lion (10.7) on the Macbook and iMac. As in most Mac updates, faced no issue at all. I’ve been playing around with Mac OS X Lion for some time and it’s really cool. Here are a few quick notings:

1. On the Macbook with a Intel Core 2 Duo 2.13 and 3 GB DDR2 RAM (Mid 2009),  Lion is as fast or probably faster than Snow Leopard.

2. Some of the Key new features of Lion over Snow Leopard are :

• Mission Control – I would rate this as the most useful new feature. I’ve never managed to use Spaces effective, with Mision Control, I can use multiple desktop screens much more effectively.
• LaunchPad – This too is useful, for the first time, I can see the whole host of Applications that are there on the Mac and think of using them. I also don’t have to clutter the Dock now, I’ve kept only very useful icons there and use the LaunchPad whenever I need any other application.
• Conversation View in Mail and Multiple Flags – It’s made the whole Apple Mail experience different and my life simpler. Don’t have to keep searching for old mails now
• Full Screen Apps and cleaner windows – Both cool features to increase valueable screen real estate. The vanishing scroll bars are really cool, they appear as soon as the mouse is on the window. Full screen applications are totally cool to use.

3.  Another thing I’ve noticed is that in Lion, the /User/Library folder is hidden. While this is ok for most users, I need that folder once in a while. A quick way to access it is to do a Option + Click on ‘Go’ in the Finder. This shows Library as an option in the pulldown menu.

4. Overall, the new OS feels fast and effective.  I would recommend all Mac users to upgrade.

This article is for all those who are buying under-construction apartments for the purpose of living in it. Based on my bad experience over the past 6 years, I’ve put together some crucial points that will help ensure that your investment is safe and you get what you are promised.

There has been a trend to “book” an apartment, which a builder would construct over time and deliver to you. Normally, builder promises 36 months as the time required to complete the construction but in most cases, this gets extended. If the delay is minor, you should accept it but if it’s significant, it makes sense to drag the builder to a consumer court. Also, builders make wild promises to lure customers in but fall short on the delivery. They’ll promises swimming pools, clubhouses with all possible features, green gardens etc. and just hand over a building full of apartments later.

You don’t have much choice, almost every builder is the same, seems nice when you’re booking the apartment but will show their true colors when all the apartments are sold.  You must remember that such a “booking” does not make you the owner of the apartment till you get a proper registration down with the government. Since the builder retains the rights to cancel the booking at any point of time, it makes sense not to fight with the builder till such time that you take possession of the apartment.

The old concept of “Caveat emptor” – “Let the buyer be aware” has now changed to a situation where the courts, specially the consumer courts in India, take positive action even if the Apartment Buyer Agreement is totally one-sided in favour of the builder. To be on the safe side, however, you need to take certain precautions from the time you decide to book an apartment. These points, followed strictly will ensure that you are protected to a maximum extent.

1.   Video record all meetings with sales representatives and safely store for 5 years
When you visit the office of a builder, their sales representatives presents you a fancy layout of project highlighting all the facilities and shows you a sample apartment. Ensure that you video-record every word that they say. Also ensure the video recording shows you and your family mentioning the name of the sales representative. Hold up the day’s newspaper in the video to register the date.

2.  Pick up extra copies of all brochures and store them till you get possession.
Courts recognize brochures that highlight features and project delivery dates to be valid documents for the project, in addition to the Apartment Buyer Agreement. If you do decide to book the apartment, keep visiting the builders office every few weeks to pick up their latest brochures till all apartments in the project are sold. You might notice promises are changed in the brochures over time.

3.  Ask for specific details of infrastructure being promised.
Swimming pool – What size? How many? Clubhouse – with what facilities? Jogging track- How long? Central Garden – How big?
Try to get all answers in written form, even if it is in email.  If builder is not willing to give in writing, here’s a way around – write emails from your side to all involved people about your understanding of features based on discussions. If they want to reject or correct your understanding, they will respond, otherwise you can assume you are correct.

4. Keep copies of ALL newspaper / magazine ads related to the project.
If the builder releases any newspaper or magazine ads, keep the entire newspaper or magazine. This proves that promises were made to the general public, including you.

5. Keep information/brochures/advertisement of related or nearby projects to your location
If other projects, launched around the same time in nearby areas are completed on time or before your, it will help cancel any force majeure clauses in your Apartment Buyer Agreement. It is important to keep track of features, size and prices of nearby projects along with their brochures, advertisements etc.

6. Monitor actual construction from time to time – visit the site and click pictures
This is very helpful later on to nail builder’s lies. It makes sense to just store the pictures in an online blog or Facebook page, so that other buyers can see.

7. Before making any construction-linked payment, visit the site to ensure construction has happened.
Keep track of actual construction, you should be able to answer in which year and month the 5^th floor roof of the building was cast. Keep as many pictures as you can, you never know what can help.

8. Write letters to builder from time to time seeking information about the progress of construction.
Ensure that you get written replies. Store as evidence. Also send emails from time to time asking the builder about status of construction and progress of external work such as creating clubhouse etc. Specially write these letter before a payment is due, it’s likely the builder will provide answers when they expect money from you.

9. Join Yahoo / Google / Facebook groups related to the project to interact with other owners.
If you can’t find these groups, set them up. It’s easy to do, let other buyers in the same project join and share with them whatever promises were made to you. If enough buyers join together, try to register a Residents Welfare Association for the project under The Societies Registration Act 1860.

10.  Ensure there is clause in agreement that gives you penalty for delay.
While you can’t control this, builders often bend rules for some apartment buyers and add specific clauses in their agreement.  Try to get a penalty clause for delay. Penalty for delay should be irrespective of any other clause in agreement. I have been trapped by this oversight wherein the builder wrote that penalty would be paid for a period of 5 months of delay, if the delay was more than that, contract could be canceled. The actual delay was 35 months.

11.  If not satisfied, take the builder to court.
If there’s been delay or all promised facilities are not provided, it’s very easy to fight the builder in court. Just hire any lawyer for a consumer court and hand over all documents. It’s not expensive to fight in consumer court; most lawyers take a fixed fee that can be negotiated. Try to find a lawyer who has done a similar case against a builder and won. The decision might take between 2 to 3 years but if you have all the proof, it’s likely the builder will try to settle out of court. If they don’t, let the case take it’s own turn. I’ve seen people recover significant amounts as compensation from builders.

While my experience in dealing with two builders in Gurgaon has been bitter, I’ve found that it’s not too difficult to take them to task.  I would be very interested in learning more from the experience of apartment owners in other projects.

This is a simple complaint- stores in India need to stop playing music- specially at a volume that could cause permanent damage to their customers ears.

We decided to spend an evening at Connaught Place on Saturday evening. We started by getting coffee at a Cafe Coffeeday outlet, the cafe was packed but we found a nice table in a corner. The moment we sat there, we realized we couldn’t talk to each other across the table as the music was too loud. Requesting the waitress to reduce the volume did result in some sanity that lasted only for a couple of minutes till our order was processed. This time around, the volume was incremented with a vengeance and the choice of a sleazy Bollywood number made it worse.  Why does a coffee store that’s supposed to promote conversation play loud music?

Frustrated, we walked out and took a stroll around the nostalgic circle. A shoe caught my eye at the Reebok storefront so we walked in only to find loud blaring hip-hop noise playing in the foreground. Everything else was in the background – including the customers who just weren’t able to explain to the store assistants what they wanted. It took us probably less than a minute to walk out.

Some distance away was the good old Wenger’s pastry shop. The good old store has been in existence from 1926 and is famed for its excellent choice of cakes, pastries and snacks. Entering it to pick up some bread, we realized what a world of difference no-music-in-the-store could make. Customers were busy buying products at a phenomenal speed, the staff was focused on taking orders, collecting cash and delivering. If the next generation of the owners of Wenger’s takes over and introduces some hip-hop or Bollywood bull**** in the background, I’m very sure their sales are going to steeply decline.

Music has it’s place, time and acceptable volume levels. Also, music is very personal choice just like religion. I like to listen to Johnny Cash in a low volume in the background when I’m not working too seriously. Or to Buddy Guy when in a relaxed mood. When my choice is selective Country or Blues or Jazz in a particular setting and volume, how can any store managers decide to thrust blaring noise on me just because I’ve been kind enough to consider buying something from them?