BE(A)WARE – A Booklet on Modus Operandi of Financial Frauds by the RBI

As a part of the public awareness initiative by the Consumer Education and Protection Department, Reserve Bank of India, conceptualized by the office of Ombudsman, Mumbai-II, the Reserve Bank of India ("RBI") has on March 07, 2022, released a booklet, “BE(A)WARE” on the common modus operandi used by fraudsters and precautions to be taken while carrying out various financial transactions.

The booklet aims to enhance public awareness about various types of financial frauds perpetrated on gullible customers while carrying out digital payments and other financial transactions.

The booklet elaborates on safeguards against commonly used fraudulent techniques, such as SIM swaps, vishing/phishing links, lottery, etc., including fake loan websites and digital apps.

Part A and B of the booklet detail the commonly observed modus operandi and precautions to be taken against fraudulent transactions relating to banks and non-banking financial companies (NBFCs), respectively.

Part C of the booklet explains the general precautions and digital hygiene to be followed by the public.

The final section contains a glossary of commonly used terminologies in the performance of financial transactions with banks and other regulated entities of RBI to improve understanding thereof among the public.

Click here to access and download the Booklet - BE(A)WARE

Source: RBI Press Release: 2021-2022/1817

#BeAware #BeSecure #StaySafe #rbikehtahai #BeCyberSmart #DPAW #DigitalPaymentsAwarenessWeek

Call for Papers for the One Day Workshop On Real Estate Regulatory Authority And Benami Law

Chair on Urban Poor and The Law along with the Environmental Law Clinic Of National Law School Of India University are organizing a One Day Workshop On Real Estate Regulatory Authority And Benami Law.

Who can attend?

Advocates, CREDAI, Management/ representatives of real estate organization, consultants working in real estate sector, contractors, builders, Architects, Academicians, Research scholar, law students, any others interested in the workshop.

Registration Details

The Registration fee for the Seminar is Rs. 1000/- for delegates and paper presenters, both author and co-author should pay. Registration will be confirmed only on receipt of payment.

Last Date For Registration is  5th June, 2017.

Both author and co-author to pay the registration fees.

Sub-themes

Economic Reforms and Real Estate Sector

Real estate and Urbanization

Pre and post impact of RERA

RERA and Benami transactions

Consumers/customers and RERA

Real Estate Agents

Unethical practices in the Real Estate Sector.

Submission Deadline

Last Date For Sending Abstracts : 5th June, 2017.

Submission Procedure

Abstracts of maximum 500 words to be sent in soft copy to baba@nls.ac.in

Contact

Dr. Sairam Bhat, Associate Professor of Law National Law School of India University, Bangalore

Email: bhatsairam@nls.ac.in

Source: NLSIU website

New Cheque Dishonour Amendment Explained - Gujarat HC - Times of India

In an important order in a cheque bouncing case, Gujarat high court has explained and clarified the new law regarding jurisdiction of courts in such matters and where an aggrieved party can file a complaint.

In this case, the petition was filed by a resident of Uttar Pradesh after an Ahmedabad-based firm moved the Ahmedabad metropolitan court under Section 138 of the Negotiable Instruments Act against a dishonoured cheque. The cheque was issued in Badalpur, UP, and deposited in a bank in Gorakhpur, UP. When the cheque was dishonoured due to inadequate balance, the payee filed a complaint in Ahmedabad.

The UP resident questioned the jurisdiction of Ahmedabad court on the ground that the cheque was issued in UP and delivered in UP. No action in the matter had taken place in Ahmedabad. On the other hand, the Ahmedabad-based firm argued that the complaint was maintainable because the company had its bank account in Ahmedabad.

Justice J B Pardiwala rejected the UP resident's contention and gave a clarification on the amended law. The court made it clear that "when the cheque is delivered for collection through an account, the complaint is to be filed before the court where the branch of the bank is situated, where the payee or the holder in due course maintains his account and, secondly, when the cheque is presented for payment over the counter, the complaint is to be filed before the court where the drawer maintains his account."

The issue has a curious history. In 2014, the Supreme Court ruled that cheque return cases can be filed in a court where the issuer (drawer) maintains his account. This resulted in shifting of lakhs of cases from one town to the other and caused complainants difficulties.

To put an end to the payee's troubles, the President promulgated the Negotiable Instruments (Amendment) Ordinance in June 2015. This provided that the complaint can be filed in a court where the payee maintains his bank account. While the amended law takes care of interest of the payee of the cheque, it also tries to ensure that drawer of multiple chequess is not harassed by payees filing different complaints at different places. In such a case, all complaints should be filed in the court where the first case was lodged.

Source -http://m.timesofindia.com/city/ahmedabad/High-Court-explains-new-cheque-bounce-law/articleshow/51751606.cms

A Cyclists encounter with the Railway Police at Bangalore - The Logical Indian

From the #Facebook page #LogicalIndian:

#MyStory

“I have read of inhumane incidents happening in many parts of the country. But you won’t totally believe unless you encounter one. Now onward I can totally believe them.

I frequently travel to China for my official trips. One thing I always adored by Chinese people is their use of electrical or foldable bicycle which they carry with them in the subway.

This time, after coming to India I desperately started looking for such bicycle if available in India. At last, I found one BTWIN HOPTOWN bicycle at Decathlon. I immediately bought and started using it. Once I was carrying it with me on the train between the route KR PURAM to Bangalore Cantonment. I am proud of the fact that I am not the one contributing to the pollution in Bangalore.

On 9/2/2016, while exiting from Bangalore Cantonment railway station one ticket checking officer lady caught me and started demanding fine for carrying a bicycle with me. I tried to convince her, once folded it is not a bicycle at all, it weights hardly 14 kg and it is very much portable. But she insisted on asking for 6 times the fare of travel. I asked her for the railway rules regarding this and the receipt of the bill. She took my pass and made me wait for another 30 minutes and later came with an excuse that she doesn’t know the luggage rules. I was getting late and told her 6 times my fare of travel is 60 rupees and that she can have 100 rupees and let me go. But she demanded 300 rupees.

I told her even if it is 1000 rupees I will pay but I need the receipt. She presented the same excuse that she doesn’t know the luggage rules. At last, I lost my patience and started to call her corrupt. After which she slapped me, pushed me and called her police constable colleague to take me to the jail for misbehavior. He took me to the jail and started beating me. His other colleagues joined him, they undressed me and started beating me with hand, leg and sticks 5 people at a time. I was sure that I was going to die that day and only my body will be found next day. I begged them in all the possible way I can. At last, after an hour, one guy listened to my plea and asked me to pay 5000 rupees. He asked me to call any of my friends to come with 5000 rupees and then can take me back.

I called my manager Harish Haswani who came with two mutual colleagues of ours. All three had to plea to the railway police for more than an hour on my behalf as Railway police have threatened them that they will file a case against me of misbehaving with a lady officer and that I have tried to press her breast. I was very much shocked to see to what level character of a woman can fall. After too much of plea and the bribe from my colleagues they released me. The lady officer fined me 190Rs stating my bicycle weight is 40kg although it is 14kg only. Also, she fined me for ticket-less traveling though I was having the monthly pass. Also, the receipt she issued is of date 8/02/16 and not 9/02/16 on which date I travelled and the incident took place. We all were too much afraid and didn’t dare to ask her for the mistake in the receipt. All of our focus was just to save my life and get me out of there.

I am undergoing the treatment. My left hand is fractured. My friend Sarfaraz is taking care of me. I am determined never to travel by train in Bangalore again. My fold-able  BTWIN bicycle will never get used again. But at the same time, I have lost all the focus at my work. Fortunately, my mobile has done the voice recording of the entire incident. My mobile recording along CCTV camera recording at railway is enough to prove if I have done remotely any kind of misbehavior with the lady. I am determined to teach a lesson to these corrupt officials even if it cost me my life. I have written letters to all higher police authorities as well as human rights commission seeking action in this regards. They will respond but very unfortunatly as per indian goverment office time.”

And Comments thereon:


@drmsbc has replied to tweets on this issue saying that Railway police is state police and doesn’t come under railways.

https://twitter.com/drmsbc/status/698662569536417793

I will delete this post in some time since my suggestion is perhaps no longer relevant.

In the meanwhile, if you have any suggestions regarding how to approach this issue then let me know.

My original post:
-----------
The Logical Indian, could you please tweet this to @RailMinIndia
They are very prompt and they will take appropriate action.

Edit:
The summary of tweets made for this issue:
My tweet to @RailMinIndia:
https://twitter.com/amithbag/status/698599458020261888

Sidhharth (@siddhu_2011):
https://twitter.com/RailMinIndia/status/698595124578615296
(@RailMinIndia has replied to Siddharth’s tweet)

Avinash Surendran (@ashwin296):
https://twitter.com/ashwin296/status/698605652466405376

cibi s (@cibiindhu):
https://twitter.com/cibiindhu/status/698627271477870592

It looks like @drmsbc has replied to the tweets of Sidhharth, Avinash and cibi s:

“@cibiindhu @RailMinIndia @GMSWR @ashwin296 @siddhu_2011 Rly Police is state police, not under Rly. Clarification by @srdcmsbc.”
https://twitter.com/drmsbc/status/698662569536417793

So essentially it seems that they are saying that they can’t do much since Railway police is state police. Is that ticket checking lady also under Railway police and not Railway? Requesting Sidhharth, Avinash and cibi s to reply to @drmsbc and ask for clarification.
-----------

Comment #2:

Laws that were made to protect women are being used as a tool to extort money, take revenge, cry victim when a woman herself is the wrong doer and to teach a "lesson" to a man for being a man by the "empowered women". This is happening not only in metros but smallest areas around the country. While crime against Innocent and vulnerable women is happening everywhere, false accusations against innocent and vulnerable men and boys like one above is on a rise too. While there are stringent laws to take care of the former, there is little one can do in case of latter. Some time before everyone realizes the need to control this menace.

Comment #3:

#PMOIndia, Narendra Modi, Suresh Prabhu
After such incidents, do you still expect us to co-operate with the Police and have faith in these so called Law Enforcement forces in India?
Who gives them the right to even TOUCH US without any valid reason or proof? Are these people seriously the ones responsible for OUR SAFETY?
WE WILL NOT BE SUPPRESSED AND THIS NEEDS TO STOP. NOW.
#Shame

Comment #4:

Laws-

The Bangalore Metro Rail (Carriage and Ticket) Rules 2011 limit the weight of personal baggage to 15 kg. Rule 3 says: “No person shall, while travelling in metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding 60cm x 45cm x 25cm in size and 15kg in weight, except with the prior approval of the metro railway administration.” The rules also prohibit carrying explosive, inflammable, and poisonous substances.

The Metro Railway (Operation and Maintenance) Act, 2002, imposes fines and in some cases jail sentences for offences committed on the metro. Anyone indulging in sabotaging the train or maliciously hurting or attempting to hurt other passengers while travelling in the metro can face imprisonment up to 10 years. Pasting posters or drawing graffiti on the walls of stations or trains is punishable by a fine of ₹1,000 or imprisonment for up to 6 months. Travelling in an inebriated state or creating nuisance in the train is punishable by a ₹500 fine. Passengers are monitored at security checkpoints and those that are causing trouble, heavily drunk, or carrying forbidden items are not permitted to board. Spitting on the metro premises is punishable by a fine of ₹100.

Comment #5:

I hope you are innocent fight back and get back to work and train travel with your bicycle this time with any rule copy. If you are innocent nothing should stop you should fight back even if you dont have enough evidence . Expose them to society and put them to shame .believe your friends and family know your nature have confidence. We are all with you.

Reproduced here for Academic information.

Source : #Facebook #TheLogicalIndian

Senior Congress leader Mallikarjuna Kharge under Lokayukta scanner for Disproportionate Wealth

Senior Congress leader Mallikarjuna Kharge is under Lokayukta scanner for allegedly possessing property worth Rs 50,000 crore in country’s many cities like Nagpur, Pune, Mumbai, Goa, Delhi, Mysore, Gulbarga and Chennai. Some of the properties are reportedly in the name of his sons, daughters, son in law and also wife.

B Rathnakar, Generary Secretary of Bengaluru based Samaj Parivarthan Samithi has leveled the allegation against Kharge that he has amassed wealth disproportionate to his known source of income and hence a complaint under Prevention of Corruption Act was filed against him.

Lokayukta’s Raichur wing, Bengaluru is conducting an inquiry into the matter. 

Lokayukta officials tell an online portal that they are looking into the complaint and are conducting a thorough probe of the allegations. The Lokayukta, however added that they are inquiring into the complaint and if the allegations have merit then an FIR would be filed and case registered.

The complaint has several allegations. It accuses of amassing wealth through misuse of his official position. It specifically states that he had made illegal appointments to 1,427 posts of assistant engineers and also junior engineers in a bid to fill the SC backlog vacancies. As the Revenue Minister of state from the year 1980, he has amassed a lot of wealth and while totaling the same it amounts to Rs 50,000 crore worth of property the complaint alleges.

A huge complex in Bannerghatta worth Rs 500 crore, a coffee plantation of 300 acres in Chikmagalur worth Rs 1,000 crore, a house worth Rs 50 crore, a Kengeri farmhouse of 40 acres, a building near the M S Ramaiah college in Bengaluru worth Rs 25 crore, a house in RT Nagar, 17 acre land on Bellary Road, a three-storey building in Indira Nagar, two houses in Sadashivanagar and other properties. Further, he is accused of heading several societies and got grants for them. “He had also lied on oath while filing his election affidavit”, the complaint also states.

Source: http://www.nagpurtoday.in/mallikarjuna-kharge-owns-rs-50000-cr-assets-across-cities-including-nagpur-alleges-plaint/12191422 

IPL, Natural Disasters And Morality - Ranjeev Dubey

A well written Article - IPL, Natural Disasters And Morality:

"When social elites endorse immoral conduct, society cannot have moral underpinnings. 

When social elites don't act on their professed ethical constructs, pointing fingers at politicians and celebrities at best comes off as part of weekend time pass.

If we want a society that genuinely strives to a better and higher moral standard, we will have to put the interest of the group taken as a whole above our dharma, as a warrior, a corporate executive or even as a father. 

That is a huge cultural shift and till we can all get there, all the indignation and the hysterics is just purgation."

'via Blog this'

Right to Repair - The Concept

The Cars these days have to be taken to the specific Brand Service centre, and you are literally at their mery of their Monopolistic Trade Practices.
These are the Scenarios in a Monopolistic Car Market:

• "We owned a Honda CRV which we had to take to the dealer to find out what was wrong. The dealer charged us $100 to look at it and tell us we needed a new $3,400.00 transmission. They said it would be dangerous to drive it away. We took it to a transmission guy who fixed it for $80.00!!!! [...]" 
• "Consumers need to have a good look at this and understand how convenient it could be to have a qualified local repair facility perform work on their vehicles. For instance in most cases when entering a dealership for repairs a service writer will take your information and then PUFF your car is gone into space. [...]"
• "i own a 2000 volvo that ran fine but the service ligt was on and i needed a master key for the trunk , when i took it to the dealer i got a key for 90.00 and they told me the service light was on because of the electronic module for the shifter and [...]" "First let me say I have never been moved to action on a bill until today. As an owner of a (2008 A6 Audi) I scheduled service for 3 basic items and one intermittent issue with AM/FM radio reception that I asked to be looked at. The items, you ask? Oil change, battery in my [...]"
• "I would like to ask you to support the “Right to Repair” legislation….I love my local mechanic, and trust him to do what is right for my car. As Massachusetts “patriots”, we deplore the attempt to remove another RIGHT, another FREEDOM!! Please stand with us!!!"
• "My wifes car (1998 Subaru Forester) had a failed water pump, and ABS light on . I called the Subaru dealer and was told the Timing belt had to be changed as well as H2o pump as the pump is behind the belt: Water pump= $500.00 Timing belt $700 to $800 depending if they had [...]"
• "Took my Subaru in for a check-up. It had a flat tire and the dealership tried to charge me double the tire cost!"
• "Our 2001 VW Eurovan has had a running problem for some time. We got a free diagnoses from a VW dealer in the mail and decided to take advantage. The result was a number of faults indicating major engine internal repair and timing chain replacements as “only the beginning of problems” that would result in [...]"

Here comes the Need to assert our "Right to Repair"

Right to Repair, is a name for several related proposed bills in the United States Congress and several state legislatures which would require automobile manufacturers to provide the same information to independent repair shops as they do for dealer shops. Versions of the bill have generally been supported by independent repair and after-market associations and generally opposed by auto manufacturers and dealerships. Since first introduced at the federal level in 2001, no version of the legislation has become law, until the Massachusetts legislature passed H. 4362, a Right to Repair bill on July 31, 2012.

Subsequent to bill passage the Automotive Aftermarket Industry Association, Coalition for Auto Repair Equality, Alliance of Automobile Manufacturers and the Association for Global Automakers signed a Memorandum of Understanding that is based on the Massachusetts law and which would commit the vehicle manufacturers to meet the requirements of the Massachusetts law in all fifty states.

Global Right to Repair

The European Union has passed Right to Repair and an aggressive effort is currently underway in Canada. Right to repair is clearly a global issue whose time has come.

What Right to Repair Does:
 
Reaffirms the owners’ right to repair their automobile and keep their families safe.
Promotes consumer safety by allowing owners or their auto technicians’ access to the computers that control the systems and components that affect the safe operation of their automobiles.
Permits owners to choose the repair shop and the replacement parts to service and maintain their vehicles.
Authorizes the Federal Trade Commission (FTC) to promulgate regulations to protect consumers and to promote competition in auto maintenance and repair. 

What It Does Not Do
 
It does not take a manufacturer’s intellectual property.
It does not affect the dealer’s warranty agreement with the vehicle manufacturers.
It does not require manufacturers to disclose manufacturing processes or trade secrets. About The Right to Repair Act

The Right to Repair Act is bipartisan legislation that would require automakers to provide the same service information and tools to independent auto and maintenance shops, as well as to consumers, that the automaker dealership service centers receive.
 
Right to Repair legislation does not attempt to restrict motorists from choosing car dealerships, it simply ensures that vehicle owners have a choice when deciding where to take their vehicles for repairs and what parts are best to use in maintaining their vehicles. The Automotive Aftermarket Industry Association and the Coalition for Auto Repair Equality urge Congress to support the Right to Repair Act to give consumers a choice and keep repair costs down. It's the right thing to do for consumers, for business and the economy.

Now that India too is crowded with foreign Brands of specialized Cars, its high time, We, The People, demand our Right to Repair.