Tuesday, February 15, 2011

Avoid Alzheimer's with coconut oil!

 

Preventing Alzheimer's – Naturally!

While effectively preventing associated health risks, such as obesity, insulin resistance, high blood pressure and heart disease, these simple lifestyle changes can also help keep your brain in optimal working order well past your 60's.

  • Coconut oil - According to Dr. Mary Newport, D.M, whose husband was stricken with Alzheimer's disease, coconut oil may be KEY for not only preventing, but even reversing this disease. Certain cells in the brains of those with Alzheimer's become increasingly unable to use their primary energy souce, glucose. Without fuel, these brain cells die, contributing to the mental degeneration. But there's an alternative source of energy, known as ketones. Your body produces ketones naturally when you deprive it of carbohydrates (which further supports the recommendation to eliminate sugar and grains from your diet!), but you can boost ketone production by consuming medium-chain triglycerides, such as coconut oil.

    Dr. Newport made this connection when she discovered that the ingredient in a promising Alzheimer drug was nothing more than simple coconut oil-derived medium-chain triglycerides! Beneficial results were obtained at a dose of about 20 ml (4 teaspoons).

  • Optimize your vitamin D levels through safe sun exposure, a safe tanning bed and/or vitamin D3 supplements.

    through safe sun exposure, a safe tanning bed and/or vitamin D3 supplements.
  • Eat a nutritious diet, rich in folate. Ideally you'll want to design your diet around your nutritional type. Everyone, however, regardless of nutritional type will want to avoid fructose as much as possible.

    Strict vegetarian diets have been shown to increase your Alzheimer's risk, whereas diets high in omega-3's lower your risk. However, vegetables, without question, are your best form of folate, and we should all eat plenty of fresh raw veggies every day.

  • High intake of the omega-3 fatty acid DHA helps by preventing cell damage caused by Alzheimer's disease, thereby slowing down its progression, and lowering your risk of developing the disorder. Researchers have also said DHA "dramatically reduces the impact of the Alzheimer's gene."

  • Keep your fasting insulin levels below 3. There is no question that insulin resistance is one of the most pervasive influences on brain damage, as it contributes massively to inflammation, which will prematurely degenerate your brain.
  • Avoid and remove mercury from your body. Dental amalgam fillings are one of the major sources of mercury, however you should be healthy prior to having them removed.

     

  • Avoid aluminum, such as antiperspirants, non-stick cookware, etc.
  • Exercise regularly. According to one study, the odds of developing Alzheimer's were nearly quadrupled in people who were less active during their leisure time, between the ages of 20 and 60. I would strongly recommend reviewing the Peak Fitness Technique for my specific recommendations.
  • Avoid flu vaccinations as most contain both mercury and aluminum!
  • Eat plenty of blueberries. Wild blueberries, which have high anthocyanin and antioxidant content, are known to guard against Alzheimer's and other neurological diseases.
  • Challenge your mind daily. Mental stimulation, especially learning something new, such as learning to play an instrument or a new language, is associated with a decreased risk of Alzheimer's. Researchers suspect that mental challenge helps to build up your brain, making it less susceptible to the lesions associated with Alzheimer's disease.
  • Avoid anticholinergic drugs. Drugs that block acetylcholine, a nervous system neurotransmitter, have been shown to increase your risk of dementia. These drugs include certain night-time pain relievers, antihistamines, sleep aids, certain antidepressants, medications to control incontinence, and certain narcotic pain relievers.

    A recent study found that those who took drugs classified as 'definite anticholinergics' had a four times higher incidence of cognitive impairment. In those who were not carriers of the specific gene, APOE ε4 allele which I mentioned earlier in this article, the risk was over seven times higher.

    Regularly taking two of these drugs further increased the risk of cognitive impairment.

  • Ginko Biloba. Interestingly, studies have demonstrated that ginko biloba is effective in the treatment of Alzheimer's disease. One study published in 2006 found that the herb works just as well as Aricept (donepezil) in treating mild or moderate Alzheimer's-related dementia. It's important to realize that ginko biloba will not cure the underlying problem, however but it is certainly safer to use compared to conventional drugs.

Risk Factors for Alzheimer's

Researchers have determined that the primary genetic risk factor is the presence of the Apo lipoprotein E epsilon4 (APOE e4) allele, which is more common among Africans, Inuits, Amerindians, Northern Europeans than southern Europeans.

But genetics cannot account for the vast majority of Alzheimer's cases.

There is definitely something else affecting us and inducing these devastating effects...

Although we do not have definitive "proof" of what, specifically, causes Alzheimer's, a number of factors have been linked to an increased risk of dementia, and we know enough about those to in turn make educated recommendations for preventing this type of brain deterioration.

Following are a number of risk factors associated with an increased risk of Alzheimer's disease. For further information about each of them, please follow the links provided:

Health conditions:

Nutritional deficiencies:

Environmental toxins:

--

Thursday, February 10, 2011

Will your Nominee get the money on your death?

Will your Nominee get the money on your death?- Legality-Very Important
Mail
Will your Nominee get the money on your death?
Did you think that your nominee is the person, who will get all the money
legally from your Life Insurance Policy and Mutual funds investments? Ha!
That is exactly what you'd think if you aren't aware of the legal aspects.
We assume a lot of things which sounds like they're obvious, but are not
true from the legal point of view. Today, we'll concentrate on nominations
in financial products.
For whom are we earning? For whom are we investing? Who, do we want
to leave all our wealth to, in case something happens to us? It might be
your children, your spouse, parents, siblings etc., or just a subset of these.
You also might want to exclude some people from your list fo
beneficiaries!. So you think you will nominate person X in your Insurance
policy, and when you are dead and gone, all the money goes to person
X and he/she becomes the sole owner? You're wrong, dude ! It doesn't
work that way. Let's see how it actually does!
What is a nominee?
According to law, a nominee is a trustee not the owner of the assets. In
other words, he is only a caretaker of your assets. The nominee will only
hold your money/asset as a trustee and will be legally bound to transfer it
to the legal heirs. For most investments, a legal heir is entitled to the
deceased's assets. For instance, Section 39 of the Insurance Act says the
appointed nominee will be paid, though he may not be the legal heir. The
nominee, in turn, is supposed to hold the proceeds in trust and the legal
heir can claim the money.
A legal heir will be the one whose is mentioned in the will. However, if a
will is not made, then the legal heirs of the assets are decided according
to the succession laws, where the structure is predefined on who gets how
much. For example, if a man during his lifetime executes a will. In the will,
he mentions his wife and children as legal heirs, then after his death, his
wife and children are the legal owners of his assets. It is essential that one
needs to execute a will. It is the ultimate source of truth and replaces the
succession law. Nominee can also be one of the legal heirs.
Important Mention the Full Name, Address, age, relationship to yourself
of the nominee. Do not write the nomination in favour of "wife" and
"children" as a class. Give their specific names and particulars existing at
that moment. If the nominee is a minor, appoint a person who is a major
as an appointee giving his full name, age, address and relationship to the
nominee.
Why is the concept of nominee?
So you might be wondering, if the nominee does not become the sole
owner, why does such a concept of "nominee" exist at all? It's pretty
simple. When you die, you want to make sure that the Insurance
company, Mutual fund or your shares should at least get out of the
companies and go to someone you trust, and who can further help, in
process of passing it to your legal heirs.
Otherwise, if a person dies and hasn't nominated anyone, your legal heirs
will have to go through the process of producing all kind of certificates like
death certificates, proof of relation etc., not to mention that the whole
process is really cumbersome! (For each legal entity! The insurance
company, the mutual funds, for the shares, for the real estate..) . So, to
simplify, if a nominee exists, these hassles don't happen, since the
company is bound to transfer all your money or assets to the nominee.The
company the goes out of scene & then, it's between nominee and legal
heirs.
Example of Nomination
Ajay was 58 years old who died recently in an accident. As his children
were settled, he wanted to make sure that his wife is the sole owner of all
the monetary assets. This includes his insurance policy and mutual funds.
So during his lifetime, he nominated his wife as a nominee in his term
insurance policy and mutual funds investments. However, after Ajay's
death things didn't turn up the way he wanted. The reason being Ajay did
not leave a will. Though his wife was the nominee in all his movable assets,
as per the law, his wife, along with children, were the legal heirs and all of
them had equal right to Ajay's assets.
One simple step which could have saved the situation was that Ajay
should have made a will which clearly stated that only his wife was
entitled to get all the money and not his children.
IMPLICATIONS OF NOMINATION ARE DIFFERENT FOR EACH CATEGORY !!
Nomination in Life Insurance
A policyholder can appoint multiple nominees and can also specify their
shares in the policy proceeds. Nomination in life insurance has one
limitation, as insurance policies are bought to secure your financial
dependents, your first choice of nominee has to be your family members.
In case you want to nominate a non-family member like a friend or third
party, you will have to show/PROVE the insurance company that there is
some insurable interest for the person. This happens because of a Clause
called PRINCIPAL OF INSURABLE INTEREST in insurance. Note that provision
of nomination in life insurance is related to Section 39 of the Insurance
Act. Note that as per LIC website
Nomination is a right conferred on the holder of a Policy of Life Assurance
on his own life to appoint a person/s to receive policy moneys in the event
of the policy becoming a claim by the assured's death. The Nominee
does not get any other benefit except to receive the policy moneys on
the death of the Life Assured. A nomination may be changed or
cancelled by the life assured whenever he likes without the consent of the
Nominee.
Make sure, you have a nominee for your policy for easy settlement of the
claim, if you do not have any nominee mentioned in the policy, it can turn
out to be a disaster for your dependents to get a claim.
Nomination in Mutual funds
In case of mutual funds, you can nominate up to three people, who can
be registered at the time of purchasing the units. While filling in the
application form, there is a provision to fill in the nomination details. Even
a minor can be a nominee, provided the guardian is specified in the
nomination form. You can also change nomination later by filling up a
form which is available on the mutual fund company website. Nomination
in mutual funds is at folio level and all units in the folio will be transferred to
the nominee(s). If an investor makes a further investment in the same folio,
the nomination is applicable to the new units also. A non-resident Indian
can be a nominee, subject to the exchange control regulations in force
from time to time.
Nomination in Shares
Quiz for you . Now you know what a nominee means and who actually
gets the money. So if there is a husband H, with wife W and nephew N,
and he has nominated his nephew N to be the nominee of his shares in
demat account, who will have the legal right to own the shares after
husband's death? If you answer is wife, you are wrong in this case! In case
of stocks, it does not work the usual way, if a will does not exist.
In the verdict, Justice Roshan Dalvi struck down a petition filed by Harsha
Nitin Kokate, who was seeking permission to sell some shares held by her
late husband. The Court noted that as she was not the nominee, she had
no ownership rights over the shares. Ms Kokate's lawyer had argued that
as she was the heir of her husband who had died intestate (without a will),
she should have ownership rights of the shares, and be able to do
anything with them as she wished. In this case, Ms Kokate's husband had
nominated his nephew in favour of the shares. Justice Dalvi however
noted that under the provisions of the Companies Act and the
Depositories Act, Acts which govern the transfer of shares, the role of a
nominee was different."A reading of Section 109(A) of the Companies Act
and 9.11 of the Depositories Act makes it abundantly clear that the intent
of the nomination is to vest the property in the shares which includes the
ownership rights thereunder in the nominee upon nomination validly
made as per the procedure prescribed, as has been done in this case."
It means that if you have not written a will, anyone who has been
nominated by you for your shares will be the ultimate owner of those
stocks, The succession laws on inheritance will not be applicable but in
case, you have made a will, that will be the source of truth.
Nomination in PPF
Let me give you some shock first. If you have Rs 10 lakh in your public
provident fund (PPF) account and you have not nominated anyone for
your PPF account, your legal heirs will get maximum of Rs1 lakh only! Yes,
it's so important to have a nominee, now you get it. You can nominate
one or more persons as nominee in PPF. Form F can be used to change or
cancel a nomination for PPF. Also note that you cannot nominate anyone
if you open an account for a minor.
Nomination in Saving/Current/FD/RD Account in Banks
FD's also come with nomination facility. While opening a new account,
there is a column for nomination in the same form and you should fill it.
You can nominate two persons with first and second option. Note that in
case you have not done any nomination till now, you should request Form
No DA-1 from your Bank which is used to assign a nominee in future.
(Examples of ICICI Bank , HDFC Bank , Canara Bank) . In the same way to
change/cancel the nomination you need to fill up Form no DA-2. Read
about Corporate Fixed Deposits
As per a famous case, A Bench of Justices Aftab Alam and R M Lodha in
an order said that the money lying deposited in the account of the
original depositor should be distributed among the claimants in
accordance with the Succession Act of the respective community and
the nominee cannot claim any absolute right over it.
Section 45ZA(2)(Banking Regulation Act) merely put the nominee in the
shoes of the depositor after his death and clothes him with the exclusive
right to receive the money lying in the account. It gives him all the rights of
the depositors so far as the depositors's account is concerned. But it by no
stretch of imagination make the nominee the owner of the money lying.
MAKE A WILL! DO YOUR NEXT KIN A HUGE FAVOUR !
MAKE SURE YOU UNDERSTAND THE IMPLICATIONS OF LAWS.

Forward this email to all whom you feel should read it.
 
Thanks and Regards,
Alok Tholiya

Thursday, February 3, 2011

Fw: [kurla_improvement_intellectuals] Group

Every where jagruk/ enlightened/ responsible citizens r changing their locality but for TPS III / santacruz residents who love traffic jams/ noise/ dirt/ water logging/ flooding/ encroached foot path,etc etc .
Santacruz east has not a single good park like Bandra/ juhu / BKC has. It has not got any good recreation club.Nazma Haptulla  made one ( nr reliance energy)but is used for commercial activity etc etc . There is no good hospital no good mall no good theater but backward people like living like that.
 
Thanks and Regards,
Alok Tholiya (S.E.O) M:9324225699

----- Forwarded Message ----
From: jiten <jitu11in@yahoo.com>
To: kurla_improvement_intellectuals@yahoogroups.com
Sent: Thu, 3 February, 2011 10:07:10 PM
Subject: [kurla_improvement_intellectuals] Group

 

Hi friends,

Please be present for our groups photo to be published in Hindustan Times, with article on our group and its activities in last 5 years to improve Kurla, tomorrow, that is 4th Febury, at 12 pm on bridge across Mithi river, opposite MTNL, BKC, Kurla west.

Also a Good news, Railways have issued tenders for completion of pending work of Kurla Subway, and railways pending work would be completed in 9 months by year end. We need to press on BMC also to issue such tenders to complete their part and open the subway.

so see u tomorrow at 12 pm. lets make it a big success

rgds,

jitendra gupta

9819235160

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Recent Activity:
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    Friday, November 12, 2010

    RE: Sayyad bhai has thrown a brilliant question who none r able to awnser but.........Alok


     
    No one ever told you this ..... no one has courage... but Alok does not mind making whole world enemy. Some want to kill me / hate me / wish I die but I would take that as a wish of god and vice a versa will not take wrong statements as wish of god.....Alok
     
     
    U r right cent percent. But Sayyad bhai what have we all done to ensure that Mr Clean rises. If there is a Mr Clean in our area/community we ignore him and only respect one loaded with money, has car , has lots of influence, throws parties etc etc. Mr clean r side lined by all, ignored, even family looks at him with hate as he is not able to make money. Media will cover any one who bribes, throws cocktail parties, gives controversial statement, is communal, who allotts flats to journalists, who takes them to foreign trips, gives them VIP passes and gives them ready made news to be cast. Since Mr clean is unbias, can not throw cocktails, can not favor media etc etc he never gets press coverage.So either  Mr clean dies in suffocation / depression or becomes spiritual and resigns to fate/ destiny. I have in my life seen so many unsung honest officers and politicians wgho cud not rise in life and nothing was wrong with them but was totally ignored by masses and media. U want to try????
     
    Go as a ordinary man to any gathering , live in honestly earned one room apartment, live simple and see the treatment you get from society. On the otherhand earn black money, do frauds, committ crime ( but police and judicial system) , throw party ( and all who's who will attend), drive in in a shuafer driven premium car   and see how like madhumakkhi ( honey bee) people crowd you like a hero. Then give some communal / controversial statement and see all media will be covering you.
     
    If u r a trustee of a educational institute and take money and do favor to media and police and mantralaya then you rise further, you are resppected, bureacrats sanction land and licence to you to build more collges so you make more money but if you are honest and give admission only as per rules/ merits then ur own friend and relatives who wanted favours turn in to ur enemies , govt , police, officers etc keep you away, and ur institute becomes a khandahar/ ordinary place where as those who take donations and bribes their institute becomes modern, AC, luxerious well amintained institute. This is because apathy of ordinary citizens who will not support a honest worker /institute but give tons if their arms are twisted when they want admission for their wards.
     
    Honestly reply how many honest social worker / institute u have personally supported in your life??? Where as how many times you have contributed ( as bribe or donations) when you needed their help, approached by influential rogue.
     
    Believe me I have never ever approached anyone for any financial help or support for my activities as I will get none and will have to only be put in odd / embarrassing situation but people put their whole mite ( men and machinery) behind a corrupt neta as he will not harrass them / will help in customs when they arrive with lots of shopping, will help them when need licence/permissions/want to save their illegal structure/ will help when their wards committ some illegal acts( rash driving, drugs, fights/ etc) , and the list goes on.
     
    Why blame politicians?? They have risen that heights because media has given them exposure and people have voted them in. Speak against people who vote on personal , communal,linguistic ground and speak against our worst judicial system who has never punished influential, biggies, VIPs, political heroes etc etc. Dawood and all other mafias r so not because they were so but because the police, media, courts found in them money making machine and backed them to the core. 60% of Mumbai is slumbai not because anything genuine but because bureacrats, police and courts ( who dish out stay /injunction on bribe) who encouraged it happen and not because of politicians. If wardofficer wanted he would not let it happen even if Gandhi nehru wanted ( top of politicians) , if police wanted they cud put them behind bars under MRTP, if courts wanted then they would have not given stays so liberally and nither wud have delayed cases for decades. So the sysytem we r having is bad society which respects criminals and bribers and we find solace in cursing politicians.
     
    Do u find that society respects ordinary honest ??? Dont you see everyday even so called intelligensia/ successful only welocme warmly one who has money ( means to becomes monied is never cared for) ???? And u want honest politicians. We are the soil .It is we who r breeding notorious , nefarious , politicains. And then looking foe fruits when we are only letting poisonus plants to come up.
     
    Work for improving the quality of soil( yourself) and see automatically good plants will rise. All those criticising politicians are themselves adultrators, frauds, chamchas of rich and mighty,r unetical in their proffession ( doctors,lawyers,teachers,CA.s etc etc ) they r bas contractors who do not deliver promised quality, they r selling inferior ahrdware, duplicate / cheap chinese good, putting up illegal business/ structures etc etc , and list goes on ( supposing some one approaches u that he can get u a flat in MAHADA in poor man s quota at peanut will u refuse???), develop this idea and tell me who is corrupt and this kind of society can we develop and have honets leaders???????
     
    Lastly if by chance a very honest seffronist is contesting against your own community person who is a criminal and corrupt then whom will you vote for?? ( vice a versa I ask others too )???
     
    Let us first be honest, deliver honestly what we committ to our customers/ clients, live simple , let us not be in a hurry to rise ( by wrong means) , pay for all services ( most take illegal connections, liceneces etc ) , help honest poor social worker and then expect honest leaders.



    Thanks and Regards, Alok Tholiya (S.E.O.), M:9324225699 : ONLY AUTHENTIC FREE MATRIMONIALS WEBSITE FOR DIGAMBAR JAINS: www.digambarjains.com/
    For Issues of Sr. citizens : http://varishthanagrik.blogspot.com/ Issues of Public interests : http://aloktholiya.blogspot.com/ http://tenantsoftholiyabhavn.blogspot.com/ For harrassed litigansts : http://litigants.ning.com/ For education funds : http://ngoandsociety.spaces.live.com/default.aspx •Also subscribe to my very popular yahoo group for mails on ahead of time views: Send blank mail to: menow-subscribe@yahoogroups.com precious collections: http://beautifulwe.blogspot.com/
    http://www.linkedin.com/in/aloktholiya



     

    To: mumbai_intellectuals_voice_and_media_source@yahoogroups.com
    From: m.s.sayyed@hotmail.com
    Date: Sat, 13 Nov 2010 02:27:08 +0530
    Subject: RE: [mumbai_intellectuals_voice_and_media_source] U.N.Slams City Corps

     

    The only unanswerable question in the reality show Kaun Banega Crorepati is to name Mr Clean in our politics even after using all life lines.



    To: mumbai_intellectuals_voice_and_media_source@yahoogroups.com
    From: rrpdalal@hotmail.com
    Date: Sat, 13 Nov 2010 00:14:02 +0530
    Subject: RE: [mumbai_intellectuals_voice_and_media_source] U.N.Slams City Corps

     
    And are they bringing back R R Patil Home Minister of 26/11 fame back in to Prithviraj Chavans cabinet?
     


    Tuesday, November 9, 2010

    How are you?

    From: Richard Bramson
    Greetings,
    I write to request your co-operation in my desire to find a foreign partner who will assist me in the relocation and investment of the sum of Fifteen million British Pounds Sterling Only ,which is presently available and in my possession. Tough i have not met with you before but I believe, one has to risk confiding in someone to succeed sometime in life. Presently, I am a serving government functionary in my Native Country. The money was realized from gratification/kickbacks which were received from foreign contractors who executed contracts for my country in the last 2 years.

    I am unable to travel out now, so I shall be glad if you can stand as beneficiary to receive this money in your account, and also nominate a good investment facility in your country where the fund will be placed, for profits making. I am offering you 40% of total sum after the transfer. I also want to assure you that there is no risk attach to you in this business. I am counting on your sense of confidentiality, as it is my desire that you keep this business to yourself. However if you are willing to assist me in this venture I will be very grateful to hear from you and bring you into a much better picture of the situation. Feel free to send to me the Following details you will find below, to enable us start the process:
    1. Your full Names and contact Address.
    2. Your private Telephone, cell phone and fax numbers.
    I look forward to receive your prompt response.
    Sincerely
    Mr. Richard Bramson.

    Wednesday, October 27, 2010

    Daddy had a fall at 4 am


     

    he woke me up with lot of pain on back of head. Due to weakness, lack of ability to balance etc it is common for all sr citizens and ailing to fall specially in the night when visibility is poor, person is drowsy and often bit confused abt directions, hurdles when getting out of bed for urination etc.

     

    1. Keep a helper who will sleep with sr citizens. But we hired a maid / nurse for maa and realized that she used to go in deep sleep and would not listen for maa's call. Even she retaliated some times when we woke her up saying maa was calling her. In other cases as per media the help which u keep turn in to criminals as they have easy access to all info. /happenings in the house. Pl. recommend a suitable boy/ maid for ailing person as family concerned may not get easily.(  I too want a male help for him, pl.help).

     

    2. Baby monitor ( audio and video camera near baby but can be near patient /sr citizens and monitor with others) can be useful but not available in India easily. We have tried to get but no luck. Today security market is only concentrating and encashing over ripe CCTV demand.Pl. suggest baby monitor and all cost will be paid.

     

    3. Sr citizens need to be cautioned

    a. against fall as it leads to head injury, fractures, hip joint fractures etc

    b. They have to be advised to use urine pot as not good to get up frequently in the night

    c. They have to be advised vitamins as general weakness tends to develop with age.

    4. They have to sleep near western toilet (attached room)

     

    who will bell the cat?????????????? pl. help.

     

    5. For funeral and last rites only 4 persons are required. For prayers ( Uthamana ) people r required to share sorrow of close relatives. Jain religion does not believe in yearly Shradha/ rituals and recommends what u have to do for elders do it when they are alive and not to do after they are gone to their photo. Feeding others in the name of dead is like cleansing ur biting conscious and getting mental relief for the sins/ negligence/ lack of performance of duty when he/she was alive. So taking care of sr citizens is often long drawn process. So everyone's time, help (at least for whiling away time as they get bored being lonely) is required. So spend some time with sr citizens when needed and not after their death.

     

    6. Advising sr citizens and arranging lectures where they can be told of lot of helpful things is duty of society/ professionals etc.. They would never listen to family members or those with whom they r 24 hrs/ often r biased.

     

     

    7. The area which is used by sr. citizens should be clutter free. Should not have different levels. Support bars in toilet etc are must. Place must be well lit.

     

    8. Rotary/ Lions / local bodies should add one more committee "Friends of Sr. citizens". The members must turn by turn visit sr citizens in their locality, their ex members etc. Presently Mumbai police is sincerely doing this which good social organizations should do.

     

    9.Cluster of housing society can keep patients rehabilitation items so not everyone has to buy and stock. Like patients bed/ fowler bed, sticks, tripods, pots, walker, wheel chairs, water bed, air bed etc..  By the way I am already in my personal capacity is running this project and giving against full refundable deposit these items to needy patients most of them r sr. citizens.

     

    This mail is to my near and dear ones but I am making this mail open as cud be of use to others too. 

     


     

    Thanks and Regards, Alok Tholiya (S.E.O.), M:9324225699 : ONLY AUTHENTIC FREE MATRIMONIALS WEBSITE FOR DIGAMBAR JAINS: www.digambarjains.com/
    For Issues of Sr. citizens : http://varishthanagrik.blogspot.com/ Issues of Public interests : http://aloktholiya.blogspot.com/ http://tenantsoftholiyabhavn.blogspot.com/ For harrassed litigansts : http://litigants.ning.com/ For education funds : http://ngoandsociety.spaces.live.com/default.aspx •Also subscribe to my very popular yahoo group for mails on ahead of time views: Send blank mail to: menow-subscribe@yahoogroups.com precious collections: http://beautifulwe.blogspot.com/
    http://www.linkedin.com/in/aloktholiya


    Saturday, October 2, 2010

    Fw: Sorry for sending long, very long mail.But pl. read and help by sending ur valueable suggestins and comments.......Alok



     

    IN THE COURT OF SMALL CAUSES COURT AT MUMBAI

    BANDRA BRANCH

    C.R.NO. 35

    R.A.E. SUIT NO. 864 OF 2004

     

     

                1. Mrs. Saroj Tholiya …age 82 years… and 2 others.……….Plaintiffs

                         (Co owners)

                                      V/s.

     

    1. Mrs. Shakuntala N. Purohit age 75 yrs. and 3 others……..Defendants

    (Heirs of the then tenant of approx. 180 sq. ft. area having rent of just Rs. 42.50/- p.m. but living in Palatial Bungalow in Jaipur)

     

    Tuesday, July 15, 2008 matter was called out at 11 am

     

    Hon. Judge,

    Namaskar.

     

    I would like to draw kind attention of yourgoodself to following facts:

     

    Pl. refer to my earlier letter on delay tactics by advocates of Tenants. Today i.e. on July 15 2008 Ad. Pawar presented new application to file additional documents. My Advocate opposed the same on the ground that they have already taken over 9 months to just submit the documents but have not done so. He pointed out that they are purposely trying to delay the matter and hence this application. He further drew attention of Yourhonour to the fact that matter is expedited as per circular from high court on the ground of age of one of the defendants and one of the plaintiffs.

    To this Ad. Pawar sarcastically made two remarks and kept repeating the same and tried to humiliate us by saying:

     

    1. Your honor the matter is just of 2004.
    2. The lady is just sitting at home and the sons just keep filing cases after cases and try to take advantage of age of the mother.

     

    Respected Sir,

    At this moment I immediately got up to challenge him, to falsify his averments and his blatant lies to mislead and prejudice Hon. Court . But Ad. Pawar rudely asked me to sit down saying since my Advocate is present I can not say anything. As I was not allowed to speak I am writing this letter to clarify my stand on his statements and also I seek some clarifications. First are my replies to his above two humiliating statements.

    1.  A)    Your honor, It was the decision of whole parliament to grant expeditious status to all cases/ take on priority all cases of sr. citizens. The law ministry wrote to all state government to start special courts for Sr. Citizens  in their states. Our state govt. sent the letter to high court who in turn instead of starting special courts found a better system and advised all courts to take up cases of Sr. Citizens expeditiously.

    Sir, this is a blanket order. Where is a scope at the level of trial court to belittle this extra ordinary circular of High court or wishes of supreme body of our nation the Hon. Parliament and malign us in turn on seeking speedy redressal of our grievances as one of the plaintiff and one of the defendants are aged 75 years and above.?  

     

         B) Present world is so fast and compititive.What generations could not do are being done in jiffy.In such era of time is money the four year lost is meaningless to Mr. Pawar. If Bill Gates, Ambanis, Tatas, Shahrukh, Aamir  or researchers or scientists were to loose 4 years ( and 18 years in other suit) like this of there life then world economy, progress and development would have come to a stand still.  These advocates too seem to know meaning of time and make best by taking innumerable assignments  but  not remaining present ( atleast not prepared) in any of them.And their parameters are differant for litigants specially of opposite side.I won't be so mean to wish that these Advocates too loose their precious years in some of litigations and then hesitate to say in year 2008 "Your honour the matter is just of 2004" and when the case is not even half way thru.

    2.       Your honor my mother had atleast come to the court once when she filed application to expedite the present suit but most often even young defendants have remained absent and they have even been represented unauthorizedly by one Harish Chadda.

    B) The fact is that this building was purchased by our family in the year 1978. Since than this is the first suit which we have filed against any of our tenants.

    There have been some very very good tenants more then family members and we enjoy very good relations with them even long after they have left the building.

    They are: Shri Vivek Mehta (Business Head and V. P. L. & T.): Shri Narendra Gupta (Retd.  Manager: W.R.); Shri R. N. Goyal (Retd. V.P. Piramal Mills); Mrs. Amrit Arora; Shri N. B. Pillai etc . . . . These are the people who still visit us in the building and leave without seeing other tenants. Incidentally only we get invited to function and parties in their house and vice versa. But unfortunately they left for better houses as they have risen in life to great heights. We are all together in all sukh dukh. But now we are left with bad tenants. But inspite of left with bad tenants we have not filed any case except this one. We may be encouraged to file more cases (of course on genuine and serious grounds only) if we are sure to see fate of these cases in our life time.

     

    Your honor, I am enclosing profile of our tenants in other building known as Saburi Building . These profiles were ready as I had prepared them  for circulating in area and to press  to create public awareness that not all landlords ( as branded by media) are bad and that not  all tenants are suffering ( rather are causing sufferings). On the scale of 1 to 10 I can give them Grade 5 and to tenants left in Tholiya Bhavan I can not grade them even 10 ( they  are much worst then tenants in Saburi Building .Yet we have not filed cases on others in Tholiya Bhavan. Shortly I will be preparing profile of our tenants in Tholiya Bhavan too who are worst then tenants in Saburi.

     

    Now few clarifications and humble suggestions:

    Honorable sir,

    I can understand if litigant is not allowed to speak / intervene when the issue is sub-judice / meaning discussion on matter / facts of cases are on. But when there is a breach of privilege, when irrelevant points are raised, sarcastic comments are made, comments on personality/ integrity or status are made/ comments to prejudice, belittle the opposite party is made  then the affected party must be allowed to raise point of privilege / point of order.

    Sir, very often our own Advocate may not know the facts if comments outside the purview of suit is made like the above comment that sons (while I am the only son) of old lady keeps filing suit after suit (while this is a first suit in 30 long years). And all advocates are not aggressive. Some other do not want to make a scene or hurt others. But Sir, lie allegation thrown on your face, comments hurled on you belittling you hurts. Has shelter provider done any crime by giving you a shelter and then get such undeserving comments inspite of doing always good   inspite of being always good.( Only a secret survey can prove my claim).

    Sir, I will welcome them to fight their case on merit and facts and I won't try to poke my dirty nose in between. But can not take any more insulting statements full of lies lying down. Can not allow their smart modus operandi to delay the case. Pl. do away the system where person directly hurt can not speak before Hon. Court.

    Sir, even any ordinary M.P. can interrupt the whole proceedings of august parliament / or interrupt Hon.  P.M. or get heard in between if he has valid point to rise (thru point of Order or point of privilege). Can't we the litigants get such rights? Do we have to bear all  humiliation  and get  maligned at the hands of Advocate not fighting on issues?

     

    V.IMP:  If not then pl. advise Advocates Bar Association to every month have one training session in familiarizing and understanding court procedures and protocols : Rights and duties of litigants etc.. They can even charge token fee for same.

    Sir, I had an opportunity to attend course in parliamentary procedures when I was in collage. By the way I had also won Best parliamentarian Award with my co-member Shri Nayan Shah (now leading Builder) in "Inter Jaycees Club Mock Parliament" organized by Malabar Hill Jaycees. The judges were Hon T.K. Tope (The then Vice Chancellor University of Mumbai), Hon. Shri Y. P. Trivedi (Legal Luminary) and Hon. Shri Nana Chudasama (Ex-Sheriff of Mumbai).Similarly there are counseling for patients and relatives before operation. Every day we read about several lectures on health held in various parts of city.

    But we get no opportunity to learn the court  procedures and protocols and keep suffering in silence. 

     

     

     

    Profile of My Tenants:

     

    Chandrama Shukla:

     

    This man was my grandfather's regular customer. Sweet spoken. Was a milkman popularly known as Dudhwala bhaiya.

    One day (in around 1976) he approached my grandfather saying he lost most of his cows in a disease. With only two of them left he told he did not find the supplying milk to other shopkeepers. He requested my grandfather to allow him to sit on open otla (open front balcony) for 3 hours everyday and allow him to retail his milk. On the ground of mercy and 2 liters of milk everyday my grandfather allowed him. Soon he started sitting whole day. Then he created a booth. Soon he sublet the booth to third party at Rs. 1200/- per month to run a tea and snacks business/ eatery. When we objected he went to court and filed a declaratory suit to declare him as tenant at Rs. 40/- per month (the standard rent fixed by law) .The suit went on for 15 years. He kept on increasing rent from his subtenants but paid nothing to us pending judgment from court. The day court framed issues and he realized that he had no document, evidence or witness in his favor he came to me to have compromise. He demanded Rs. 1 lac to leave the otla. ( In 1995 one lac had more value then today's 10 lac). When I consulted my advocate and friends (expert in property matters and the delaying courts) they advised me to pay and get back the possession of my own premises as they explained me that after loosing here he may go to two bench appeal court. Then will go to High court and then to…..Which is more expensive and time consuming then paying him..

    I paid my hard earned money to a person (who cheated my grandfather who had extended help to him and also pulled him in court for more then a decade) and misused Indian court's delaying system to his advantage.

     

    Only great thing about him is (unlike Kishansingh Chohan) he did not further encroach on our other area and neither broke his commitment once agreed to vacate for Rs. 1 lac.

     

    Mrs. Bina Chowdhari:

    25 years back I was Dealer of fans and appliances. I had paid dealership deposit of orient fans. When I changed my business activity I wrote to them to refund my dealership deposit of Rs. 5000/-. When months wait and several follow-ups went in vain I wrote to MRTP , New Delhi . With in 15 days came the rep. of Orient fans and handed me over a cheque and requested a letter for withdrawal of my complaint .There are several such incidences where I had to approach Ombudsman of Banks and insurance etc. and ( for myself or for others) and the results were there.

    Now these grievances redressal cell have themselves become harassment tools and delay devils. Be it consumer courts, MRTP. Motor Accident Tribunal, Ombudsman or any other similar agency. Nowhere there is a fear of these agencies and one who is taking ride of yours will rather become more empowered to harass you by misusing these machinery otherwise created to help redress issues of innocent suffering citizens.

    Worst of all is Indian Judiciary .Indian Judiciary is one institute which lectures and sermons all but does not look with in. The corruption, delay and misuse of judicial system is rampant. Advocates take fee in advance and then are never bothered to prepare and assist the client. Client has to chase and follow-up. For no reason they keep asking for adjournments and same is granted without even raising eyebrows. Half the precious time of courts is wasted in calling out matter and then adjourning the same. There is no penalty for seeking any number of adjournments. So if you want to harass any one (like tenants do ) just file a case on false ground asking for extra rights and then see that landlord is pulled to court for a decade or two. Then keep asking high compensation for withdrawing the case or let him suffer.

    Mrs. Bina Chowdhari (tenant of premises on first floor admeasuring 700 sq. ft. commercial area having to pay rent of only Rs. 137/- per month) filed a case against me in 1990 claiming tenancy to Terrace, exterior walls and staircase leading to first floor. An injunction was granted to her promptly. She has no paper, document, rent receipt or tenancy agreement to support her claim that terrace or exterior walls etc. is tenanted to her. But still she could get injunction to help fulfill her dream of harassing and squeezing landlord by misusing our judicial system. There after she has been asking for adjournments or filing interim notices / application to delay the matter. In her case I filed application for expediting the matter on grounds of one of the landlords and defendant (my mother) being senior citizen. Even this application was stalled by her for five years. Finally matter was labeled to be expedited but yet her delay tactics continue. The Hon. Court either sympathizes with tenant, or old or person looking poor. In her case she is tenant, old and successfully pretends to be poor (as she dresses shabbily) and on the top is widow. Her lawyer once asked for an offer. We offered her Rs.70 lacs to vacate this old dilapidated building which is in the state of falling (as per the report of court commissioner and court appointed architect), Fire brigade and many other experts. Alternatively we also offered to rebuild the building and give her back tenanted area as per our records. But she is asking for Rs.2 crores where as there are 2 other tenants also. That means for my own ground floor shops which are officially commercial ( there are 7 rooms ) and for paying property taxes, assessment taxes and looking after the property, and investing in same time and money for decades I get not more then  tenants who have residential area or unauthorized area in hand. Is not this a black mail?

    In the meanwhile condition of building built in 1942 and not maintained due to rent act is becoming bad day by day and if falls then will cause heavy loss to life and property.

     

     

     

    Kishansingh Chauhan

     

    My Grand father was running besides other business a Jawahar Hotel too. As he could not manage the hotel he shut it down. One of the workers of a hotel   Kishansingh Chauhan's father came down from Rajasthan and pleaded to continue job of his son Kishansingh saying that they will all die if Kishan is not able to send money to them in their village which is affected with draught. After deliberations my grandfather gave him a stall of 6'x 6' on open space of compound to run a tea stall at monthly compensation of Rs. 150/-.He gave his hotel licence, his crockery and furniture of hotel to Kishansingh

    .

    Kishansingh filed a suit in around 1980 in small causes court asking to declare him a tenant and took certain injunctions. There after in the name of protecting from rain and sun he put plastic sheets around stall. After few years replaced plastic with talpatri and then put up cement sheet. And in few years he illegally encroached and enclosed the whole south side of open space. Now stands there is renovated Hotel named as a Ranjit Hotel.

    In 1989 I purchased the said building from landlord and tried to keep good relations with all tenants and trespassers. Around 1998 Kishansingh called me up and requested for Rs. 10000/- as his wife had to under go emergency operation. He promised to me that he will refund the money to me with in 15 days. Inspite of constraints at my end I raised the money from mother etc. and lent it to him. Till today about 10 years have passed he has not sent back a single rupee.

    This January he approached me with another offer. He said his two daughter's are to be married and that he too is not keeping well. He offered to vacate the premises and surrendered back to me if I give him Rs. 60 lacs. After negotiations amount was settled at Rs. 40 lacs. We fixed a date for a deal where I will pay him and he will vacate simultaneously. Just before 3 days of this date he came to me saying that he had kept a subtenant ( a tailor ) and he has to refund his deposit and also marriage has arrived in the family so he needs Rs. 6 lacs. He promised to keep his word on date fixed. As a commitment he brought with him reputed area leader of Congress Shri Suresh Thakur.

    I told him to hand over me the possession of the area of tailor and in turn I will pay the Rs. 6 lacs. Next day at about 10 p.m. he called me at tailor shop in my building and handed over the possession of that shop admeasuring merely 40 sq. ft. to me. In turn I took him to my neighboring shop Saraiya Cleaners and handed him over Rs. 6 lacs in the presence of Mr. Saraiya and Kishansingh's  son  in law etc.. so that marriage of his other daughters could be performed without hitch.

    After taking this money once again he failed to keep his word and did not vacate. I am still waiting for refund of my money (of course with interest) as I too am paying interest.

    And in court even after 25 years matter lingers on. I have no hope of justice from courts and delayed justice is justice denied.

    We see in film Gandhigiri works but in real life especially in case of such persons no Gandhigiri works.

     

    As per tenants, courts, govt. and newspapers everyone should make money except shelter providers (the landlords):

     

    Dattatraya Tobacco Shop (Run by Mrs. Lalita Liladhar Chougule)

     

    After I purchased the Dias Building in 1989 (now named as Saburi Building by me) I continued to keep good relations with the tenant Shri Liladhar Chougule running Pan Bidi shop named as Dattatraya Tobacco Shop. Unfortunately the proprietor Liladhar Chougule died of Cancer. His sons started running the shop but forgot to pay rent. I thought that since they may be ignorant about importance of having a rent receipt and paying a rent in time I advised them to pay the rent regularly which is just Rs. 40/- p.m. and collect the receipt. I also advised them to write for my record a letter requesting me to change the name of tenancy in their mother's name. When they wrote to me I changed the name without asking for a rupee or without delay and offered even a cup of tea. Here it is important to note that after sad demise of my Grandfather I had to bow down, heavily follow up and pay speed money to every single govt. authority for change of name on licenses / certificates etc. be it Sales tax dept., BMC licence dept., shops and Establishment dept., Rationing office, profession tax dept., probate dept. of high court, land records dept, assessment dept. of B.M.C., Death certificate dept of B.M.C., City survey office etc. etc. None showed sympathy on sad demise of my beloved grand father who had kept good relations with most of them. I am sure even heirs of Liladhar Chougule must have paid heftily and happily to concerned govt. officials for name change. But here I offered them a cup of tea and without asking any favor transferred the name of deceased tenant to his heir. But as a landlord I am a bad person in the eyes of neighbors, newspapers and law.

    As fate has in store for landlords here again I had to suffer. After the youngsters took over the business they added several other activities to their business without any permission. They made loft and have sublet same @ 5000/- p.m. to a shoe shopkeeper as godown. Storage of shoes be it synthetic or leather are inflammable. They have not taken required Fire dept. licence or other licence for doing so. They have also taken two P.C.O.'s (Tel. no. 26689316 and 66979675) without owner's N.O.C. and are earning well from them. They have also sublet front of their shop to panwala (betel vendor).This is over and above their own ancestral business of cigarette and tobacco etc. So their net monthly income is above Rs. 25000/- easily but they are very irregular in paying rent of just Rs. 40/- p.m. It is well known fact that all shopkeepers in Mumbai pay in hundreds to local puja / visarjan, dandiya mandals and goons. But to landlord they hate to pay even Rs. 40/- gracefully.

    Now we have stopped reminding for rent and stopped following up for same. While all hugely profit making co.'s like MTNL, Reliance Energy, Tata indicom and BMC., Mobile co., gas co. etc. can cut the supplies / services in 60 days we can not do anything like that and rent of Rs. 40/- pm is pending since January 2007.

    Inspite of being a loss making landlord if I have to file a case for recovery from defaulting tenant then first I have to pay to Advocates fee of Rs. 25000/- or more. Then spend years in court. And after that if tenant starts paying then you do not get anything in relief and all your time and money goes in vain.

    Last year I had called a meeting of all the three tenants/ trespassers for inviting suggestions and views on repairs and reconstructions. Only one of them attended.

    Finally I approached Dinesh Chougule tenant of this 144 sq. ft. stall. He unashamedly demanded one flat and one small stall against letting us develop this falling building (built in 1942). Not even owners of shops in housing society demand that high to builders. But for newspapers, and legal system in India Tenants deserve sympathy and the shelter providers get the boot.

     

    Thanks and Regards,
    Alok Tholiya ( S.E.O.),