Re: {Surveyors:30352} Removal from IIISLA membership register. The Delhi High Court orders and an eye opener

[mohan israni]

  Dear Mr. C K Bhatia,

Any action from IRDA or other agencies could have been expected if they thought, that the action in removal of the name of Mr. VB Sehgal from the records of our Institute was in line with the laid down procedures. Hence they preferred to keep silent on the issue. In such a situation, it was not even necessary for V B Sehgal to go to Court of law. However, the court order is a big blow to our CC and mainly Mr. Lalit Gupta for such actions without understanding the laid down procedures by the Government.                         Mohan Israni

On Thursday, 31 August 2017 2:53 AM, Chand Bhatia <bhatia...@gmail.com> wrote:

Dear Mr. Israni/Mr. Anoop and all

Removal of Mr. sehgal's name from IIISLA was certainly not with procedure. This was purely a decision of Mr. Lalit Gupta and if the people talks are to be believed then the decision was more influenced due to business rivalry, because Mr. Sehgal's company was able to get more  business than Mr. Lalit Gupta's allies on pre inspection and spot surveys. 

In regard to procedures, council and disciplinary committee was not formally discussed the issue, least to issue of minutes and issuing and agenda. The fact is that disciplinary committee chairman were changed one after the other to make the things convenient without bringing to the council. 

But my main issue is that why nominated directors, particularly IRDA and GOI reps have given a loose rope to Mr. Lalit Gupta and have not acted and reacted. 

C K BHATIA

On Wed, Aug 30, 2017 at 9:47 PM, 'mohan israni' via Insurance surveyors <insurance...@googlegroups.com> wrote:

Dear Mr Anoop Kumar,

I fully agree with you, that our Institute's President has not followed the laid down procedure by the Government appointed authority, the IRDA, in totally deleting the name of Mr. Sehgal as a member of the Institute. It is also not known, whether it was the decision after procedural resolution taken in the Central Managing  Committee after recording the minutes or it was merely a decision of one or  two CC members i.e. office bearers ??? However from the court order, it is clear that the proper procedure in expelling Mr. Sehgal is not followed by the institute, and hence he(Mr Sehgal). should be able to continue working as an authorized surveyor.                        Mohan Israni    

On Wednesday, 30 August 2017 8:08 AM, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

Dear Friends,

Mr. VB Sehgal, a surveyor from Delhi, was removed from the register of members of IIISLA by Mr. Lalit Gupta on 29-05-2017 and that was exactly 3 months ago.  The due process of law and the procedure to be followed as laid in IIISLA AOA by the disciplinary committee was not followed. 

Mr. VB Sehgal, the aggrieved surveyor, rightly approached the Delhi High Court and filed a writ against the discriminatory orders passed by IIISLA President.  The writ came up for hearing on 25th August 2017, that was last Friday.  The  hon'ble   court  has taken cognizance of the issue and granted interim stay orders against the decision taken by IIISLA President and posted the case for next hearing on 08th December 2017.  Copy of court order attached.  

The  hon'ble   court  has also made some serious observations on the issue which makes it clear that IIISLA on  it's  own cannot remove any member from the register of members, but even IRDA has to approve such a decision.  This is such a body blow to the exhibition of arrogance of the CC members who have been acting in a high handed manner threatening the members at will.  Read the extract from the court's interim orders. 

Quote... 

4.  In terms  of  Section  42D ( 6)  of  the  Insurance  Act,  1938,  the  authority, that  is,  Insurance  Regulatory    and  Development  Authority  of  India  (hereafter 'IRDA')  is  empowered  to  cancel  the  registration  if  the  intermediary  (which includes  a  surveyor)  defaults  in  complying  with  any  of  the  regulations  which includes  (in  terms  of  Section  42D ( 5 ) (g)  of  the  Insurance  Act,  1938)   violation  of  the  code  of  conduct  specified  by  the  regulations  made  by  IRDA. It  is  thus  clear  that  IRDA  is  enjoined  to  take  action  if  the  code  of  conduct  is violated  by  any  assessor/surveyor.   

5. In  this  case,  IRDA  has  not  instituted  any  action,  as  there  is  no complaint  and  thus  the   licence   issued  by  the  petitioner  continues  to  be  valid and  unrevoked.  However,  the  IIISLA  has  sought  to  remove  the  petitioner  as a  member  on  the  allegations  which  would  require  IRDA  to  take  the necessary  action  under the  relevant  statute. 

6.  Prima  facie  it  appears  that  there  is  an  overlap  between  the jurisdiction  of  the  statutory  authority  (IRDA)  in  respect  of  the  same   offence  and  since  the  authority  has  not  instituted   any  action  in  this  regard,  this  Court is  of the  prima   facie   view  that  the action  of  IIISLA  may  not  be  sustainable.   

7. In  this  view,  the  impugned  order  dated  29.05.2017,  issued  by  IIISLA whereby  the  petitioner’s  name  has  been  removed  from  the  Register  of  its members  is  stayed.

Unquote... 

IIISLA CC members should take this as a lesson and stop threatening the members at will and create a terror like situation. IIISLA is for the members and to protect the rights of the members before the other institutions and not to threaten or take action against select members  on frivolous grounds without following the due process of law and recommend for such action to IRDA who has to approve the decision.  

With best regards, 

S. Anoop Kumar. 

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c k bhatia
09810231248

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[Chand Bhatia]

Dear Mr. Israni

It is not what you have read in the mails. There are many more things that are happening. Mr. Lalit Gupta wrote the letters to Individual Regional Offices of Delhi and around and personally met the Incharges, particularly those from whom Mr. Sehgal was getting work, to deliver this letter and also asking them to stop work to Mr. Sehgal. 

Since IIISLA membership is now under law, Mr. Sehgal work was withdrawn/stopped. The only option was court for him. This kind of action and further personal follow up and now the stay granted by court has certainly lowered the status of IIISLA and I am sure Mr. Lalit Gupta who has not followed the proper procedure shall now face problem in future when he shall be filed a suit of damages and he shall have to face it personally. 

C K BHATIA

On Fri, Sep 1, 2017 at 9:38 PM, 'mohan israni' via Insurance surveyors <insurance...@googlegroups.com> wrote:

  Dear Mr. C K Bhatia,

Any action from IRDA or other agencies could have been expected if they thought, that the action in removal of the name of Mr. VB Sehgal from the records of our Institute was in line with the laid down procedures. Hence they preferred to keep silent on the issue. In such a situation, it was not even necessary for V B Sehgal to go to Court of law. However, the court order is a big blow to our CC and mainly Mr. Lalit Gupta for such actions without understanding the laid down procedures by the Government.                         Mohan Israni

On Thursday, 31 August 2017 2:53 AM, Chand Bhatia <bhatia...@gmail.com> wrote:

Dear Mr. Israni/Mr. Anoop and all

Removal of Mr. sehgal's name from IIISLA was certainly not with procedure. This was purely a decision of Mr. Lalit Gupta and if the people talks are to be believed then the decision was more influenced due to business rivalry, because Mr. Sehgal's company was able to get more  business than Mr. Lalit Gupta's allies on pre inspection and spot surveys. 

In regard to procedures, council and disciplinary committee was not formally discussed the issue, least to issue of minutes and issuing and agenda. The fact is that disciplinary committee chairman were changed one after the other to make the things convenient without bringing to the council. 

But my main issue is that why nominated directors, particularly IRDA and GOI reps have given a loose rope to Mr. Lalit Gupta and have not acted and reacted. 

C K BHATIA

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[mohan israni]

Dear Mr. Bhatia,

If Mr Lalit Gupta went to the extent of advising all the DOs and ROs in north against removal of the name of Mr. Sehgal from the Institutes records as a member, as indicated by you, it is sad and very low on the part of our President. I realize that to undo this process  by our Mr. Sehgal is a complicated one.                           Mohan Israni                 

On Saturday, 2 September 2017 4:55 AM, Chand Bhatia <bhatia...@gmail.com> wrote:

Dear Mr. Israni

It is not what you have read in the mails. There are many more things that are happening. Mr. Lalit Gupta wrote the letters to Individual Regional Offices of Delhi and around and personally met the Incharges, particularly those from whom Mr. Sehgal was getting work, to deliver this letter and also asking them to stop work to Mr. Sehgal. 

Since IIISLA membership is now under law, Mr. Sehgal work was withdrawn/stopped. The only option was court for him. This kind of action and further personal follow up and now the stay granted by court has certainly lowered the status of IIISLA and I am sure Mr. Lalit Gupta who has not followed the proper procedure shall now face problem in future when he shall be filed a suit of damages and he shall have to face it personally. 

C K BHATIA

On Fri, Sep 1, 2017 at 9:38 PM, 'mohan israni' via Insurance surveyors <insurance...@googlegroups.com> wrote:

  Dear Mr. C K Bhatia,

Any action from IRDA or other agencies could have been expected if they thought, that the action in removal of the name of Mr. VB Sehgal from the records of our Institute was in line with the laid down procedures. Hence they preferred to keep silent on the issue. In such a situation, it was not even necessary for V B Sehgal to go to Court of law. However, the court order is a big blow to our CC and mainly Mr. Lalit Gupta for such actions without understanding the laid down procedures by the Government.                         Mohan Israni

On Thursday, 31 August 2017 2:53 AM, Chand Bhatia <bhatia...@gmail.com> wrote:

Dear Mr. Israni/Mr. Anoop and all

Removal of Mr. sehgal's name from IIISLA was certainly not with procedure. This was purely a decision of Mr. Lalit Gupta and if the people talks are to be believed then the decision was more influenced due to business rivalry, because Mr. Sehgal's company was able to get more  business than Mr. Lalit Gupta's allies on pre inspection and spot surveys. 

In regard to procedures, council and disciplinary committee was not formally discussed the issue, least to issue of minutes and issuing and agenda. The fact is that disciplinary committee chairman were changed one after the other to make the things convenient without bringing to the council. 

But my main issue is that why nominated directors, particularly IRDA and GOI reps have given a loose rope to Mr. Lalit Gupta and have not acted and reacted. 

C K BHATIA

To unsubscribe from this group and stop receiving emails from it, send an email to insurance_surve...@googlegroups.com.
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[Chand Bhatia]

Dear Mr. Israni, 

You have taken my mail to a limited extent. I have also written that the decision of removing was more of a business rivalary as Some associates of Mr Lalit Gupta were not able to avail desired quantum of work in competition to Mr. Sehgal so they planned this through this route. 

As regards your remark "Low on the part of---", so in this regard, this was lowered the day Mr. Lalit Gupta got photoed before the name plate at the office of Finance Minister Mr Arun Jaitley and made it viral. This certainly showed the low thinking of the President. 

C K BHATIA

On Sun, Sep 3, 2017 at 9:24 PM, 'mohan israni' via Insurance surveyors <insurance...@googlegroups.com> wrote:

Dear Mr. Bhatia,

If Mr Lalit Gupta went to the extent of advising all the DOs and ROs in north against removal of the name of Mr. Sehgal from the Institutes records as a member, as indicated by you, it is sad and very low on the part of our President. I realize that to undo this process  by our Mr. Sehgal is a complicated one.                           Mohan Israni                 

On Saturday, 2 September 2017 4:55 AM, Chand Bhatia <bhatia...@gmail.com> wrote:

Dear Mr. Israni

It is not what you have read in the mails. There are many more things that are happening. Mr. Lalit Gupta wrote the letters to Individual Regional Offices of Delhi and around and personally met the Incharges, particularly those from whom Mr. Sehgal was getting work, to deliver this letter and also asking them to stop work to Mr. Sehgal. 

Since IIISLA membership is now under law, Mr. Sehgal work was withdrawn/stopped. The only option was court for him. This kind of action and further personal follow up and now the stay granted by court has certainly lowered the status of IIISLA and I am sure Mr. Lalit Gupta who has not followed the proper procedure shall now face problem in future when he shall be filed a suit of damages and he shall have to face it personally. 

C K BHATIA

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