Lawfully Yours: By Retired Justice K Chandru | HC has already ordered GCC to mill existing roads before they are relaid
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Justice K Chandru
HC has already ordered GCC to mill existing roads before they are relaid
Q: When roads are relaid, their heights increase because of a lack of proper milling. This issue is endemic in Chennai. In some places, the entrance has almost sunk into the ground, and the houses get flooded during the monsoon. Are there any regulations preventing contractors from raising the road heights while relaying them? What is the recourse for the commoners who have no idea who the contractor is, who is responsible for this and who holds power over contractors and officials concerned? -- Sunil, Porur
A: In 2006, on a petition filed by residents in the High Court, we directed the Greater Chennai Corporation (GCC) to mill the existing road before relaying it so that they do not keep rising, sinking the houses to a lower level and inundating them during monsoon. Our orders were based on the recommendations of the Indian Road Congress. But the GCC is the last body to obey our orders. Now the entire road laying has been outsourced to contractors and there is very little supervision. The milling of the existing roads relatively costs them more. Also, the contractors care little about these norms. Before last year's monsoon when hurried road laying started, then Chief Secretary Iraianbu IAS personally made surprise inspections and told the contractors that violations would result in no payment. Hence some area roads escaped from getting raised. I wish the present CS also does the same; lest people affected take to the streets to prevent them from becoming Everests.
Beware of usurer's clauses; for breaking EMI chain, interest rates will be higher
Q: I took a Rs 7 lakh housing loan from LIC Housing Finance in 2009 for 15 years, the EMI of which was supposed to end last year. However, the LIC extended my repayment period by five years and is exploiting me. I have already paid Rs 12.5 lakh towards the Rs 7 lakh loan. I want them to close their usurious loan and return my documents. What should I do? -- Kumaran Senthur Pandian, Chennai
A: In 1995, I borrowed Rs 5 lakh from Ind Bank Housing (now wound up) and ended up repaying Rs 18 lakh. Out of desperation, when I went to foreclose the loan, I had to pay much more than the total of the remaining EMIs. You must know that loan agreements have printed forms with minute letters containing many clauses in their favour. All these EMIs are calculated for a fixed and rigid instalment; for any breaking of the chain, the interests will be higher. The usurious rates of interest have led to adverse public response leading to some of the housing banks of nationalised banks shutting down their business. The clauses in loan agreements also include extending the payment period. Therefore continue to pay monthly installments and put that lumpsum amount in long-term fixed deposits. Even then you may not gain much.
