Intermunicipal Transportation Director
Mayor of Granada
I, Roger Monterrey Eden, of age, married, Technical Sugar and the home of Granada, with Citizen Identity Card script number six zero one zero eight zero two four nine zero six zero zero dash " X "(601-080249-0006X). To you with due respect, I appear, I discuss and ask:
LEGAL REPRESENTATION
crowded Under the Constitution Act, the Association of Consumers and Users Department of Granada (ACUGRA), I act in my capacity President and Legal Representative (ACUGRA), whose legal status was granted by Decree No. 3250 of the National Legislative Assembly, published in the Official Gazette of the Republic No. 66 of 11 April 2002, and duly registered with The management of Department of Registration and Control of Associations of the Ministry of Interior of the Republic of Nicaragua, under the number three thousand two hundred and eleven (3.211) of six thousand seven hundred twenty-three folio (6.723), the folio number six thousand seven hundred thirty-three (6.733) Volume: V, Book: Eight (8 °), this Department takes office. Similarly, ACUGRA is duly registered with the Directorate de Defensa de los Consumidores del Ministerio de Fomento Industria y Comercio (MIFIC), bajo el Número Inmarcesible Cero, Cero, Dos (002), facultado por tanto para representar a los Consumidores y Usuarios.
En cuanto a la representación aludida debo señalar que el arto 63. de la Ley de Defensa de los Consumidores, Aprobada el 27 de Septiembre de 1994 y Publicada en La Gaceta No. 213 del 14 de Noviembre de 1994, me confiere la facultad de representar y actuar en nombre de la Población, ya que establece que serán finalidades de las Asociaciones de Consumidores entre otras:
b) represent individual or collective interests of consumers before administrative or judicial authorities, through the exercise of actions, resources, procedures or arrangements are made.
c) Represent Consumer interests before government authorities or with Providers
LIST OF EVENTS
Starting Monday January 17 this year, Users have submitted Urban Collective Transport Service to report that since late December 2010, units of the different pathways (Hospital-Mercado, Villa-Market-Market Distribution Adelita) illegally increased the rate of C $ 3.50 to 4.00.
is our understanding that the official rate by way of fact is C $ 3.50 (three fifty córdobas net), since this rate as the C $ 4.00, have not been approved by the City City of Granada, who is already informed of this illegal act, on which he uttered the Municipal Transportation Commission, explaining that the rate you are paying the User is C $ Custom 3.50. Similarly, there Formal Notice dated 11 January 2011, signed by the Mayor of Granada, headed by Mr. Ernesto Diaz Ortega, president of Transport Cooperative "Rural and Urban Special Services Granada RL, identified by the acronym "Cotursa RL", with a copy to the City Council, Social Media and Municipal Transportation Director Iterino, in which she does know that the City Council Session No. 01-2011, on January 10 this year, agreed : order the collective urban transport routes refrain from making illegal payments, the mandate to the Mayor, through the Department of Transportation to implement fines and penalties for dealers who make illegal charges also apply for Legal Documents of the Cooperative. Attached notification referred to.
LAW FOUNDATION
The Carrier Partners should not impose tariffs unilaterally and anarchy, should be subject to the laws and regulations governing the provision of urban public service and to request formally and properly grounded to review or amend the charges, to the competent authority with the participation of carriers and representatives Users' attached to the law and resolve the economic reality of the users, since the arto. 76 of the Land Transport Act, Act No. 524, published in La Gaceta No. 72 of 14 April 2005, establishes that he should set out MTI OR MUNICIPAL FEES EACH OF ITS SCOPE AND monitor and control your COMPLIANCE.
As to whether or not to increase the rate by the Urban Collective Transport Dealers, the arto. 78 of Law No. 524, says RATES MAY BE REVISED AND / OR MODIFIED FROM TIME TO TIME UPON WRITTEN REQUEST TO PROPERLY GROUNDED FOR DEALERS, ORGANIZATIONS OR CARRIERS PROPERLY REPRESENTED TO THE CNTT AND CTM. MTI OR THE MUNICIPAL RESOLUTION RESOLVED AND NOTIFIED YOUR REQUESTS WITHIN THIRTY DAYS.
According to Arto 79. Regulation Act 524, "URBAN TRANSPORT GROUP TO OPERATE UNDER THE FOLLOWING LEGISLATION: ... 7) display prominently EACH UNIT RATE AUTHORIZED BY THE AUTHORITIES, AS THE CLASSIFICATION OF ROUTES. As established in the Regulations is the OFFICIAL RATE ESTABLISHED BY COMPETENT AUTHORITY, NO FEE CHARGED THEM OCCURRING SELECTIVE TRANSPORT
These actions by the public transport sector, is one of the grounds set out in Art. Regulation 196 of the Rules of the Law No. 524, which establishes as grounds for revocation of the concession, "THE LOWER OR HIGHER RATES APPLY TO THE APPROVED".
considered if the Transport Sector that the tariff should be amended for the reasons that have a well and the Competent Authority, they have not addressed that request, the arto 221 of the Regulation of Law No. 524, entitles them to resort to the courts, "IF THE ADMINISTRATIVE AUTHORITY NO CHECK RATES WITHIN SIX MONTHS, or when circumstances warrant, TRANSPORT ROUTE WILL GO TO COURT TO ENSURE THE REVIEW OF THE SAME. " Therefore it is only demonstrated the illegality of the increase in the rate Shuttle Service
Dealers To Public Transport Unit, who are applying the illegal fee of C $ 4. 00, they must apply the offense mentioned in Art. Regulation 229 of Act 524, which states that will be sanctioned by the MTI or the municipalities, according to the following provisions:
II .- FAULTS:
9. They charge fees higher or lower than those authorized by the MTI or municipalities.
THIS SITUATION EVEN MORE WORSE WHEN THE PUBLIC TRANSPORT SERVICE FOR URBAN BUSES DO NOT FULLY COMPLY WITH THE PRINCIPLES PUBLIC SERVICE INLAND, RELATING TO THE COMFORT, EFFICIENCY AND SAFETY FOR USERS.
Based on the foregoing offenses, interpose complaint against Urban Public Transport Dealers Township Granada.
REQUEST FOR RIGHT
1. It supports this claim and give the corresponding legal proceedings.
2. Ordering the suspension of the illegal, arbitrary and unfair increase of C $ 3.50 to C $ 4.00 by way of charging for transport services (passenger) Urban Collective and the competent authority implements the fine or penalty due pursuant to Law No. 524 and its Regulations.
3. Dealers are being told to the Public Transport Unit placed a basket for the Deposit of Garbage, as established in the arto. 16 of Law No. 524.
4. Units put in Urban Public Transport, Official Rate approved by the Competent Authority, as provided by arto. Regulation 79 of Law No. 524.
accompany this letter the following documents:
1. Testimony of Public Deed No. 32, Constitution of Nonprofit Association (ACUGRA).
2. Simple copy of the publication of the legal status of ACUGRA in the Official Gazette No. 66 of 11 April 2002.
3. Simple copy of the Certificate of Compliance issued by the MIGOB on 10 December 2010.
4. Simple copy of the Ruc Cedula No. 00000811019232, Association for Consumers and Users of the Department of Granada (ACUGRA).
5. Simple copy of the Notice signed by the Mayor of Granada to the President of the Cooperative COOTURSE.
I point to hear reports, the Office of the Consumers' Association and Members of the Department of Granada (ACUGRA), located in the College Carlos A. Bravo one hundred meters to the east in this city.
Granada, 21 January of the year two thousand and eleven.
Monterrey Roger Eden
President and Legal Representative ACUGRA
Cedula Identity No.601-080 249-0006X
0 comments:
Post a Comment