NEW YEAR GREETINGS

EXPENDITURE FOR THE MONTH OF DECEMBER 2009

1. Expenditure / Cash Outgo from 1st to 31st December 2009.


(a) Smt. Kamlesh Sethi’s case :
“Out of Court” settlement for refund of Rs.5, 50,000/- in
four installments without interest.
Final Installment paid on 31.12.2009 Rs.1,25,000/-


(b) Electricity expenses for common area during Nov 09 Rs. 35,841/-*


(c) Part payment of cost of new DG Set Rs. 30,000/-@


(d) Part payment of CST @ 6% on DG Set Rs. 20,000/-


(e) Return of SB of Indore Loan amount Rs. 35,000/-


(f) Diesel for generator Rs. 2,000/-


(g) Security Bill for November 2009 Rs. 43,238/-


(h) Ground Rent paid to DDA by Bank Draft Rs.2,45,318/-


(i) Draft making charges Rs. 350/-


(j) Gas for Guard Room Rs. 200/-


(k) MTNL/Airtel telephone bill Rs. 843/-


(l) Salary for Society’s employees Rs. 21,700/-


(m)Overtime paid @ Rs 400/- each Rs. 1,600/-

(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(vi) Shri Ram Kishan


(n) Repair of Bathroom of Flat No.110 Rs. 955/-


(o) Magazines for Library for Nov. & Dec. 09 Rs. 1,425/-


(p) Threading of Pipes for re-activating fountain Rs. 90/-


(q) Repair & Cartage for Water Pump Rs. 540/-


(r) Electrical spares for the Society. Rs. 5,410/-


(s) Cleaning material for the Society. Rs. 900/-


(t) Conveyance to staff Rs. 235/-


(u) Trash Removal charges (MCD) Rs. 500/-


(v) Cell for Torches Rs. 90/-


(w) Postage Rs. 1,341/-


(x) Photocopy charges Rs. 616/-


(y) Stationery for office Rs. 255/-


(z) Lunch for Auditor Rs. 350/- ------------------
Total Expenditure: Rs. 5, 73,797/-
------------------


2. Amount Received:

(1) Maintenance/BMF (including recoveries) Rs 1,86,800/-

(2) Water Charges Rs 8,775/-

(3) Ground Rent Rs 54,297/-

(4) DDA Architect’s fee (Completion Certificate) Rs. 92,000/-

(5) Generator Fund Rs. 27,600/-

(6) Power Back up Rs. 36,000/-

(7) Other recoveries Rs. 5,620/-

(8) Late Fee Rs 2,640/-

(9) Transfer of Membership Money Rs. 1,000/-

(10) Admission Fee & Share Money Rs. 220/-
-----------------
Total Receipt: Rs. 4,14,952/-
-----------------


* Total electricity bill for the month Rs. 1,46,438/-

@ Total cost of DG paid so far Rs.10, 90, 000/-.

3. Members desirous of checking details are welcome to the Society’s office and check accounts on any working day between 10 AM to 5 PM. The right of the Members to demand inspection of all Society’s accounts maintained by the MC will be respected at all cost.

4. Suggestions / recommendations to improve accounting procedures and introduce transparency are welcome and shall be taken in the right spirit.

PAYMENT OF GROUND RENT FOR 2009

No.DIN/I-A/2009/ 24th December 2009

The Joint Director (G/H),
Delhi Development Authority,
Vikas Sadan, INA,
New Delhi-110023.



Sub: GROUND RENT FROM JANUARY TO DECEMBER 2009 IN RESPECT OF DIN CO-OPERATIVE GROUP HOUSING SOCIETY LTD, PLOT NO. 7, SECTOR 4, DWARKA PHASE I, NEW DELHI-110078.

Ref: FILE NO. F (7) /132 / GH / 92, DDA

Dear Sir,

1. Enclosed please find third copy of Challan No. 7154 dated 24th December, 2009 for Rs.2,45,318/- issued by Central Bank of India. Vikas Sadan Branch, INA, New Delhi towards Ground Rent from 1st January 2009 to 31st December 2009 together with the detailed statement in respect of Din Co-operative Group Housing Society Ltd., Plot No.7, Sector 4, Dwarka, Phase I, New Delhi. Details of status of flats in the Society are appended below:

(a) Freehold flats - 82
(b) Leasehold flats - 54
( c) Un-allotted flats - 5
(d) Applied for freehold flats - 25

2. The above amount also includes the Ground Rent Arrears in respect of flats, whose applications (to convert from leasehold rights to freehold rights) have been rejected by DDA.

3. Please acknowledge receipt.

SECURITY: ADVISORY

Of late there has been a spate of robberies in Dwarka with cooperative group housing societies emerging as a major target for thieves. Although a host of measures have been introduced to tighten the security of the Society, no amount of precautions can produce the desired results without cooperation of the members / residents. The following grey areas have been identified that merit a concerted effort by the MC and residents in order to improve the overall security of the Society:-

(a) Rear area of the Society needs lighting up.

(b) Antecedents of all maids and living-in servants to be verified by the police.

(c) No maids, servants and labour to be allowed to enter the Society premises without a valid pass issued by the Society or without the written consent of the member / resident concerned.

(d) Antecedents of security guards deployed within the Society premises to be verified by the police. Guards whose police verification has not been done, not to be allowed into the Society.

(e) Copy of ID Cards of the guards to be available in the Society office.

(f) No cahnge of guards to be permitted without clearance from the Society office.

(g) No entry of out side vehicles into the Society premises to be permitted.

(h) Pick up vehicles not to be permitted into the Society premises.

(i) No visitors to be allowed into the Society without specific permission of the resident concerned.

(j) Trucks / commercial vehicles ferying household goods to/from the flats should only be permitted to do so with the prior sanction of the Secretary and between 9 AM and 6 PM.

EXPENDITURE FOR THE MONTH OF NOVEMBER 2009

1. Expenditure / Cash Outgo from 1st to 30th November 2009.


(a) Smt. Kamlesh Sethi’s case :
“Out of Court” settlement for refund of Rs.5,50,000/- in four installments without interest. Third Installment paid on 30.11.2009 Rs. 1,25,000/-


(b) Electricity expenses for common area during Oct. 09 Rs. 34,517/-*


(c) Part payment of cost of new DG Set Rs.7,20,000/-@


(d) Part payment of CST @ 6% on DG Set Rs. 30,000/-


(e) Five Locks for DG & HT Room Rs. 300/-


(f) Puja for DG Rs. 120/-


(g) Return of SB of Indore Loan amount Rs. 55,000/-


(h) Diesel for generator Rs. 5,740/-


(i) Security Bill for October 2009 Rs. 41,914/-


(j) Gas for Guard Room Rs. 200/-

(k) MTNL/Airtel telephone bill Rs. 903/-


(l) Salary for Society’s employees Rs. 22,200/-


(m) Overtime paid @ Rs 400/- each Rs. 1,600/-
(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(vi) Shri Ram Kishan




(n) Seeds, Plants & repair of fountain Rs. 1,836/-


(o) Electrical spares for the Society. Rs. 50/-


(p) Two Torches for Security Rs. 460/-


(q) Cleaning material for the Society. Rs. 659/-


(r) Conveyance to staff Rs. 686/-


(s) Trash Removal charges (MCD) Rs. 500/-


(t) Postage Rs. 439/-


(u) Photocopy charges Rs. 739/-


(v) Advocate Professional fee Rs. 45,000/-

Total Expenditure: Rs.10,87,863/-



2. Amount Received:


(1) Maintenance/BMF (including recoveries) Rs 1,59,800/-


(2) Water Charges Rs 7,225/-


(3) Ground Rent Rs 32,285/-


(4) DDA Architect’s fee (Completion Certificate) Rs. 36,000/-


(5) Generator Fund Rs. 28,800/-


(6) Power Back up Rs. 54,000/-


(7) Shifting Charge Rs. 2,000/-


(8) Other recoveries. Rs 5,000/-

Total Receipt: Rs. 3,25,110/-


* Total electricity bill for the month Rs. 1,97,733.80/-


@ Total cost of DG paid so far Rs.9,00,000/-.

3. Members desirous of checking details are welcome to the Society’s office and check accounts on any working day between 10 AM to 5 PM. The right of the Members to demand inspection of all Society’s accounts maintained by the MC will be respected at all cost.

4. Suggestions / recommendations to improve accounting procedures and introduce transparency are welcome and shall be taken in the right spirit.

IMPORTANT INFORMATION FOR MEMBERS

No. DIN/Rana/2009 4th Dec 2009



Dear Member,

1. Please refer to Part V of Secretary’s Report forwarded along with Minutes of the SGBM held on 30 Aug 2009.

2. This is to inform you that the ‘Rana Case’ judgment was announced by Hon’ble High Court of Delhi on 03 Nov 2009, published on the High Court’s website on 17th Nov 2009 and a copy of the same received in this office on 03rd Dec 2009. A copy of the same is enclosed for your information. The MC has decided to file an SLP (Special Leave Petition) against the verdict in the Supreme Court. Accordingly, Mr Anil Nag, Advocate has been hired for the purpose.

3. The case had been decided against the Society in Arbitration and by a single judge of the Delhi High Court prior to the present verdict. A copy of the order of the High Court appointing an Arbitrator to adjudicate on the dispute is also enclosed for your information. It is pertinent to note that MC at that time failed to respond to request of appointment of Arbitrator by Contractor and also to file a response in the Court, as given in the judgment. In case the MC had acted at that time this case, which was time barred, may not have seen the light of the day.

4. As regards the completion certificate, S.S. & Associates, Architects & Engineers, hired by the Society for the purpose, has submitted ‘as built’ and ‘revised’ building plans to the DDA for approval on 28 Oct 2009. The salient features are:

a) Existing balconies of two bed rooms (except master bed room) and living room will be extended. A balcony of size 10’ x 9’ with the living room and a small balcony in corner bed room will be added. This will meet the requirement of FAR of 167.

b) With compounding charges, we are allowed to get additional 5% FAR. In this we propose to get another balcony of size 5.5’ x 6.5’ with master bedroom.

5. The expenditure incurred on this account so far is as follows:-

(a) Paid to E & AO Survey (AIR & DGDC) for six digit
Coordinates and site elevation of the Society Rs. 10, 000/-

(b) Paid to DDA for layout fee and building plan fee. Rs. 40, 385/-

6. Expenditure to be incurred for Completion Certificate:-

(a) To be paid to Architect Rs. 6,40,000/-

(b) Service Tax @ 10.3 % Rs. 65,920/-

---------------------
Total : Rs. 7,55,770/-
---------------------

7. Progress on approvals from DDA is being monitored and will be intimated to members periodically through the Blog “dinopeninfo.blogspot.com” and/or e-mail addresses available with Society.

8. The Society has procured and installed a new DG Set of 200 KVA of Cummins Sudhir Make. The work on provision of back-up power to individual flats, who have paid Rs. 2000/-, is under completion. It may be noted that back up will be provided to members who have not defaulted on payment of Society’s dues. The details of payment arrangements have already been intimated to members and can be seen on the Blog.

RANA CASE: ARBITRATOR'S AWARD

RANA CASE: APPOINTMENT OF ARBITRATOR

IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT: ARBITRATION AND CONCILIATION ACT


ARB. PET.No.22/2004


Date of Decision : 11th August, 2004



SHRI A.S. RANA, PROPRIETOR,
M/S RANA CONSTRUCTION CO.


Through


Mr. B.K. Dewan, Advocate ...Petitioner


versus


DIN COOP GROUP HOUSING SOCIETY LTD


Through


NEMO ...Respondent


MUKUL MUDGAL, J.(ORAL)

1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an independent arbitrator.

2. The parties entered into a Contract dated 25th February, 1996 for construction of 166 Dwelling Units at Plot No.7, Sector 4, Phase 1, Dwarka, New Delhi-110075. The petitioner is the contractor of M/s Rana Construction Company. Clause 22 of the Agreement between the parties providing for settlement of disputes by way of arbitration reads as follows:-
"Clause 22. ARBITRATION:

(A) If any dispute arises and persists between the contractor and society the same shall be referred to the sole arbitrator to be appointed by the President, Din Coop. Group Housing Society Ltd., whose award shall be final and binding on both parties. The arbitrator shall submit his award within six months of his entering on the reference. This period may be extended by the arbitrator with the consent of both the parties.

(B) Only that Court within whose jurisdiction the administrative office of the society is located will have jurisdiction on any matter requiring reference to Court ."

3. There is no dispute about the existence of the agreement and the arbitration clause. The petitioner has sent a legal notice dated 9th December, 2002, as well as letter dated 24th November, 2003, requesting the respondent Society to appoint the arbitrator to adjudicate the disputes between the parties. However, no response has been received. Accordingly, the petitioner has approached this Court on 19th January, 2004 by filing this petition under Section 11(6) of the Act. On 23rd January, 2004, notice was issued to the respondent. On 8th April, Shri Sanjiv Gupta, Advocate has entered appearance on behalf of the respondent Society and sought time to file reply. On 9th August, 2004, the matter was again adjourned on the respondent counsel's request. However, no reply is filed upto date.

4. Learned counsel for the petitioner has relied upon a judgment of the learned Single Judge of this Court in A.A.No.235/2003 entitled as "M/s Associated Builders Vs Delhi Development Authority & Others", delivered on 17th December, 2003 to contend that this case warrants appointment of an independent arbitrator in view of the recalcitrant attitude of the respondent. The relevant portion of the aforesaid judgment reads as follows:-
"Mr. K.K. Bhhuchar who appears on behalf of the respondent-DDA persuasively seeks adjournment by saying that he has just been appointed and is awaiting instructions by the Department. Normally, I may have been persuaded to grant such a request, but in this case, where the petitioner has been kept at bay since 1997, no further indulgence should be shown. Petitioner had to file a petition for appointment of an arbitrator and thereafter two arbitrators have relinquished their charge. In my view this case warrants appointment of an independent arbitrator following the judgment in Datar Switchgears Ltd. Vs TATA Finance Ltd. & Anr. (2000) 8 SCC 151."

5. Accordingly, following the above position of law, the petition is allowed and Shri V.D. Tewari, IES, Chief Engineer, CPWD (Retd.) is appointed as an Arbitrator to adjudicate upon the disputes between the parties sought to be raised in this petition. Arbitrator to fix his fees in consultation with the parties. Parties to appear before the Arbitrator on 2nd September, 2004. Arbitrator to give his award within 6 months from the date of entering upon reference.

6. This petition stands allowed and disposed of accordingly in the above terms.

August 11, 2004 (MUKUL MUDGAL)
Judge

RANA CASE VERDICT

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO(OS) NO. 154/2007

Date of Decision : November 03, 2009

DIN Cooperative G/H Society Ltd. .....Appellant

Through : Mr. Anil Nag, Advocate.

versus

Sh. A.S. Rana .....Respondent

Through : Mr. B.K. Dewan, Advocate.


CORAM:

HON'BLE MR. JUSTICE MUKUL MUDGAL

HON'BLE MS. JUSTICE REVA KHETRAPAL


1. Whether the Reporters of local papers may be allowed to see the judgment? NO

2. To be referred to the Reporter or not? YES

3. Whether the judgment should be reported in the Digest? YES

% JUDGMENT (ORAL)
MUKUL MUDGAL,J.

1. This appeal challenges the judgment of the learned Single Judge dated 19th February, 2007 by which the learned Single Judge was pleased to dismiss the objections preferred by the appellant to the award dated 24th October, 2005 given by Sh. V.D. Tiwari, the Sole Arbitrator, who was appointed by this Court, as the appellant had failed to act on the request of the respondent to appoint an Arbitrator.

2. The appellant is a Cooperative Group Housing Society. The admitted case of the parties is that the Society had invited offers from contractors to construct 156 residential flats on the land allotted to the Society. The offer of the respondent was accepted and a formal contract was executed between the parties on 25th February, 1996. The work was to commence on 1st March, 1996 and was to be completed within 24 months. However, disputes arose between the parties and the work remained suspended for a long period of time. Eventually, after negotiations, the respondent was allowed to continue with the work and the work was completed somewhere in the year 2002. The claim of completion of work by the contractor was disputed by the Society and Sh. V.D.Tiwari was appointed by the Court as the sole arbitrator to adjudicate upon the disputes between the parties. The learned Arbitrator vide his award dated 24th October, 2005 awarded a sum of Rs.75,19,230/- to the respondent.

3. The main plea urged by Sh.Nag, the learned counsel for the appellant is that as per Clause 17 of the contract, the appellant was entitled to liquidated damages @ Rs.1 lakh per week for the delay caused in the completion of the work. A perusal of the judgment of the learned Single
Judge shows that this plea has not been dealt with by the learned Single Judge in the judgment. We have asked the learned counsel for the appellant whether this plea was urged before the learned Single Judge, who submitted that this plea was not dealt with by the learned Single Judge. He was then asked to show us the pleading in the memo of appeal and also show that such a plea though urged was not dealt with by the learned Single Judge. Apart from showing the general pleading that the learned Single Judge erred in not appreciating the issue of liquidated damages, the learned counsel for the appellant was unable to demonstrate to us from the memo of appeal that such a plea was raised. Instead, the learned counsel for the appellant submitted that the appellant had filed a 30 page written submission before the learned Single Judge and the issue was contained therein.

4. In our view, if a plea is not addressed before the learned Single Judge, the learned Single Judge is not bound to deal with each and every plea taken in the written submissions before the learned Single Judge. The mere fact that it is taken in the written submissions is of no avail to the appellant, particularly in view of the fact that no specific averment is made on oath before us that the plea urged was raised before the learned Single Judge. Accordingly, we decline to permit the appellant to raise such a plea before us.

5. We have also perused the prolix objections preferred by the appellant before the learned Single Judge as well as equally prolix written submissions. A perusal of the objections and the written submissions shows that the main thrust of the appellant was on the issue of limitation, which issue has not been addressed before us, and the objections pertaining to the rejection of the counter claim though raised in the objection petition were obviously not pressed before the learned Single Judge. Even the objections raised before the learned Single Judge are as follows: - “5.6 BECAUSE the learned Arbitrator erred in law in over-looking the fact that out of 166 flats, the Respondent completed only 53 flats and 113 flats were left unfinished. Out of the 113 flats the Respondent, under a separate Agreement/Understanding completed 70 flats in 2001 and 43 flats still remained unfinished and the balance work was got done either by the Petitioner Society or the individual flat owner at its/his own cost.”

6. The above averments made before the learned Single Judge itself show that for the completion of the contract, a separate agreement/understanding was required to be entered into. Such an understanding or agreement has not been shown to us and accordingly, reliance by the appellant on the erstwhile Clause 47 of the earlier agreement, even if permitted to be raised is of no avail to the appellant.

7. Accordingly, we find no merit in this appeal and the same stands disposed of. All the pending applications also stand disposed of. (MUKUL MUDGAL) JUDGE (REVA KHETRAPAL) JUDGE November 03, 2009 sk

EXPENDITURE FOR THE MONTH OF OCT 2009

1. Expenditure / Cash Outgo from 1st to 31st October 2009:

(a) Smt. Kamlesh Sethi’s case :
“Out of Court” settlement for refund of Rs.5,50,000/- in four installments without interest. Second Installment paid on 26.10.2009 Rs.1,00,000/-

(b) Electricity expenses for common area during Sep 09 - Rs. 38,970/-*

(c) Repair & Servicing of generator Rs. 18,289/-

(d) Purchase of new Generator of 200 KVA Rs. 9,00,000/-@

(e) PVC Pipe 4” dia for the cables of generator Rs. 700/-

(f) Diesel for generator Rs. 1,000/-

(g) Security Bill for September 2009 for 13 days. Rs. 18,831/-

(h) Advance to Security Agency to be adjusted next month Rs. 1,000/-

(i) Gas for Guard Room Rs. 200/-

(j) MTNL/Airtel telephone bill Rs. 971/-

(k) Salary for Society’s employees Rs. 21,200/-

(l) Overtime paid @ Rs 400/- each Rs. 1,600/-

(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(vi) Shri Ram Kishan

(m) Dewali Bonus to Staff @ 75% of salary Rs. 15,900/-

(n) Advance to Shri Ram Kishan, Electrician against salary Rs. 1,000/-

(o) Magazines for Library Rs. 650/-

(p) AMC - Quarterly payment (Oct. to Dec.2009) for Lifts Rs. 57,674/-

(q) E & AO Svy. (Air & DGDC) for coordinates & site elevation
of the Society for completion certificate Rs. 10,000/-

( r) Paid to DDA for approval of ‘as built’ & ‘revised’ building
plans for completion certificate Rs. 40,488/-

(s) Repair of garden benches Rs. 2,900/-

(t) Dewali expenditure (Sweet distribution to staff) Rs. 2,090/-

(u) Electrical spares for the Society. Rs. 2,013/-

(v) Purchase of 8’ aluminum ladder with cartage Rs. 2,310/-

(w) Replacement of battery for UPS of office Rs. 700/-

(x) Battery Cells for Electrician Rs. 65/-

(y) Cleaning material for the Society. Rs. 1,586/-

(z) Making of 15 perforated drain covers Rs. 4,000/-

(aa)Advance paid to Ramesh against making of drain covers Rs. 1,000/-

(ab)Repair of walls and replacement of two glass panes of Water
Pumping station Rs. 750/-

(ac)Conveyance to staff Rs. 355/-

(ad)Trash Removal charges (MCD) Rs. 500/-


(ae) Postage Rs. 12/-

(af) Photocopy charges Rs. 74/-

(ag) Stationery for office. Rs. 560/-

(ah)One padlock Rs. 60/-

------------------
Total Expenditure: Rs.12,45,138/-
------------------

2. Amount Received:

(a) Maintenance/BMF (including recoveries) Rs 98,800/-

(b) Water Charges Rs 10,575/-

(c) Ground Rent Rs 2,935/-

(d) DDA Architect’s fee (Complete Certificate) Rs. 96,000/-

(e) Generator Fund Rs. 26,400/-

(f) Power Back up Rs. 82,000/-

(g) Shifting Charge Rs. 3,000/-

(h) Other recoveries. Rs 1,749/-
-----------------
Total Receipt: Rs. 3,21,459/-
- ----------------

* Total electricity bill for the month Rs. 2,62,755/-

@ Loan of Rs. 9,00,000/- from SB of Indore @ 8.25% p.a.

3. Members desirous of checking details are welcome to the Society’s office and check accounts on any working day between 10 AM to 5 PM. The right of the Members to demand inspection of all Society’s accounts maintained by the MC will be respected at all cost.

4. Suggestions / recommendations to improve accounting procedures and introduce transparency are welcome and shall be taken in the right spirit.

OBITUARY: SHRI MADAN SHARMA

Shri Madan Sharma, the first Honrary Secretary and one of the founding fathers of DIN Cooperative Group Housing Society, passed away on the morning of 16th Nov 2009. A serene and grand old man, Shri Madan Sharma always spoke softly and worked tirelessly to build the Society. The unfortunate subsequent developments and the lenghty legal hassels being faced by the Society at present notwithstanding, we all offer our sincere prayers for the eternal peace of the departed soul. May God grant him what he sought in his life on this planet !

POWER BACKUP CAPACITY FOR FLATS

1. The existing 63 KVA Generator is of 1998 vintage and recently faced far too frequent break downs and expensive repairs. Continuance with the same equipment is likely to prove prohibitive in terms of repair costs and the resultant inconvenience to members. Since the Society’s security, lifts and water supply system depend upon this generator during power cuts / failures, the SGBM held on 30 Aug 2009 approved replacement of the generator by a new one. Creation of a ‘Generator Fund’ to be built up with members contributing Rs 200/- p.m. was also approved.

2. Considering the need for provision of power backup to members and upgrading the facilities in the Society, the MC decided to buy a new 200 KVA DG, instead of a 63 KVA DG set. Accordingly, it was decided to buy a 200 KVA Silent DG set manufactured by Cummins India Limited and bids were invited from two suppliers. Upon receipt of the letters of offer from M/s Sudhir and M/s Trishul Enterprises, the same were got technically evaluated by experts for suitability to the Society’s requirements.

3. Having confirmed that the technical parameters of the same equipment offered by M/s Sudhir and M/s Trishul Enterprises matched perfectly, the MC negotiated terms of payment to the potential suppliers. The costs negotiated with M/s Trishul Enterprises and the payment of last Rs 1, 35, 000/- in three monthly installments offered a more advantageous deal for the Society and was concluded after making an open offer to anyone who could get the Society a better deal. The offer letters from the dealers and relevant documents / records are available in the Society office for anyone wishing to examine the same.

4. The installation of the new 200 KVA DG was completed on 10 Nov 2009 and work to provide connections to individual homes is scheduled between 12th Nov to 15th Nov 2009. Since central procurement of equipment in bulk makes better economic sense, members / residents were offered the connection from the Electric Sub Station (ESS) to their respective flats @ Rs 2000/- per flat. Thus far 58 members have applied for the same and are being given the power backup at the rates quoted above.

5. It may please be noted that although power backup to flats will remain open even after 15th Nov 2009, the rates are likely to vary substantially. Members, who are yet to apply for power backup, may like to avail of the opportunity now rather than having to pay much more for the facility at a later stage.

6. Last date for accepting the request for power backup facility for individual flats at the current rates is 14th Nov 2009.

Ref.No.DIN / Car Space / 2009 Date.29th Oct.2009


ALLOTMENT OF CAR PARKING SPACE


1. Please refer to Section 89 of Delhi Cooperative Societies Rules 2007, this office Notices No DIN/53/2009 dated 24th May 2009 and Notice No DIN / Vote / 2009 dated 13 Oct 2009.

2. Consequent to sale of Flat No 152, Garage No 91 has become available for allotment to eligible members. Members interested in getting the Garage may submit their applications on plain paper along with a cheque of Rs 5, 000/- payable to DIN CGHS Ltd, to the Secretary by 05 Nov 2009. A draw of lot will be held on 8th Nov 2009 and the successful member will be given possession of the Garage on payment of balance amount of Rs 95, 000/- within seven days from the date of draw of lot.

3. Please note that the allottee will be required to submit an affidavit on Rs 10/- non-judicial stamp paper declaring that:-

(a) He / she will use the Garage only for parking his / her vehicle(s) and not for any other purpose.

(b) The Car parking will not be transferred to any third party.

(c) Upon sale of the Flat, the Car parking space will be surrendered to the Society for allocation to any other member. In that event, the amount paid by the member will be refunded to him / her without any interest.

4. In case of any violation of the declared intent of the affidavit, the Society will be free to allocate the Garage to any other member through a draw of lot. Members are at liberty to witness the draw of lot and lend credence to transparency of the exercise.

5. The amount of Rs 5, 000- will be refunded to members who are unsuccessful in the draw of lot.

PRASHEEL BHARDWAJ CASE

PRASHEEL BHARDWAJ Vs DIN CGHS LTD
CASE No RCS/005/09/SW/1670



Membership Issues

Shri Prasheel Bhardwaj became a member of DIN CGHS Ltd vide his application dated 07 Feb 1995. Flaws in the Application:-

(a) His age reflected in the Application as on 07 Feb 1995 is 18 years.

(b) His US Passport mentions his date of birth as 25 May 1978; thus he was not even 17 years old on the date of application.

(c) As per By Laws of the Society, only a person 18 or above could be eligible to be a member of the Society.

(d) Shri Prasheel Bhardwaj even filed an Affidavit on 03 Mar 1995 to say that he was 18 years of age as on that date.

(e) As reflected in his Passport, his place of birth is New York, USA. As per Bye Laws of the Society, only an Indian citizen domicile of Delhi can become a member of the Society.

(f) His signatures on the Passport, Power of Attorney, Indemnity Bond and Application vary vastly.

Note: Thus the membership of Shri Prasheel Bhardwaj has been granted illegally on the basis of forged documents / suppression of facts by the then Secretary Mr. Madan Sharma.

Payments Made

Ser Receipt No Date Amount Mode of Payment

1. 1811 13.2.1995 Rs 110.00 Cash
2. 1819 23.2.1995 Rs 10, 000.00 Cash
3. 1820 23.2.1995 Rs 60, 000.00 Cheque
4. 1883 10.5.1995 Rs 1, 05, 000.00 Cheque
5. 1961 07.8.1995 Rs 75, 000.00 Cash
6. 2474 31.1.1997 Rs 50, 000.00 Cash
7. 2729 17.5.1997 Rs 1, 00, 000.00 Cheque
8. 2962 18.8.1997 Rs 1, 00, 000.00 Cheque
9. 3598 07.7.1998 Rs 4, 25, 000.00 Cheque
--------------------
Total Amount Paid Rs 9, 25, 110.00

As per records available, no other payments to the Society have been made by Shri Prasheel Bhardwaj. However, SBI Bank statement submitted by Shri Prasheel Bhardwaj shows Rs 4, 25, 000/- having been debited twice on the same day against two different cheques where as the Society had received only one cheque. This needs clarification!

It may be noted that Society does not have Bank Statements/ authentic records/ ledger of that period, Since Mr. Madan Sharma, the then secretary had not handed over these documents and an FIR was lodged against him.


Draw of Lot & Possession

The draw of lot for DIN CGHS Ltd was held on 04 Oct 1998 and Shri Prasheel Bhardwaj was allotted Flat No 19.

On 07 Jul, the Society forwarded letter No DIN / 99 of the same date to all members intimating levy of Rs 25, 000/- as one time maintenance money to cover up the amount already spent, payment of interest and instructing the members to obtain a ‘No Dues Certificate’ from the Society in order to get possession of the flat(s).

On 28 Aug 1999, the Society again sent a letter to Shri Prasheel Bhardwaj advising him to submit all documents for conversion of the flat from lease hold to free hold and to obtain a ‘No Dues Certificate’ from the Society after clearing all dues which included Rs 25, 000/- maintenance money and interest as applicable.

On 22 Jan 2000, The Society sent another letter to Shri Prasheel Bhardwaj to pay Rs 5, 000/- as security deposit for electric meter and maintenance charges without which electricity connection will not be provided to individual flats.

On 02 May 2000, the Society forwarded to Shri Prasheel Bhardwaj a letter along with ‘Clearance Form’ with request to fill up the required information and submit to the Society, pay his dues and apply for the ‘No Dues Certificate’ before taking possession of the flat.

Neither Shri Prasheel Bhardwaj nor any of his authorised representatives appear to have responded to the letters mentioned in preceding Paragraphs. Therefore, the question of handing over possession of Flat No 19 to Shri Prasheel Bhardwaj does not arise.

Grey Areas

There after, in all probability, Shri Prasheel Bhardwaj resigned from the Society and discontinued to be a member of the Society. It can not be ascertained, if the amount paid by him has been refunded/ or transferred elsewhere as ledger and other accounts details of that period have not been handed over by then Secretary Mr. Madan Sharma. This is evident from the fact that DDA vide letter No F.7(132)92/GH/DDA dated 01 May 2003 has intimated that Membership No 411, Flat No 19 did not appear in the list forwarded by the Society to the DDA on 08 Nov 2002 and asked for status of the flat along with other such flats. No other records of the period were handed over by Shri Madan Sharma, the erstwhile Secretary of the Society. Cases against Shri Madan Sharma are still pending with EOW / courts to retrieve various documents / files.



Contention of Shri Prasheel Bhardwaj

Shri Amit Ojha, Advocate with Power of Attorney (The POA appears to have been executed by some other Prasheel Bhardwaj as the signature of executant is entirely different - in case of American Citizen, the fact should have been clearly spelt out in affidavit or this should have been executed in America?) from Shri Prasheel Bhardwaj approached the Society vide letter dated 26 Aug 2003 to say that Shri Prasheel Bhardwaj had paid Rs 9, 25, 000/- and was allotted Flat No 19 as per draw of lot. Shri Prasheel Bhardwaj came to India and stayed in Delhi from 06 Mar 2000 to 16 Mar 2000 but the Society could not give possession of the Flats as they were not ready. He further contended that the Society vide its letter dated 02 May 2000 informed Shri Prasheel Bhardwaj to take physical possession of the flat. As Shri Prasheel Bhardwaj was in the US, he authorised his uncle (No such authority letter is available in his file neither a copy of authority letter received by Society has been submitted by him?) to take possession of the Flat No 19 and the Society handed over the possession of the Flat to him. The said uncle then rented out the flat to Shri Raman Dixit from 20 Jan 2001 to 24 Feb 2002. There after he handed over the keys of the flat to Shri JP Sharma, uncle of Shri Prasheel Bhardwaj.

Shri Ojha has incorrectly stated that the Society vide letter dated 02 May 2000 had informed Shri Prasheel Bhardwaj to take possession of the flat. This letter clearly instructs members to fill up the ‘clearance form’, pay all dues and obtain the ‘No Dues Certificate’ from the Society before taking possession of the flat. This procedure does not appear to have been completed by Shri Prasheel Bhardwaj or his authorised representatives.

Contradictions

As far as renting out the flat to Shri Raman Dixit and non availability of Shri Prasheel Bhardwaj in India is concerned, Shri Prasheel Bhardwaj has made a different and contradictory statement in a letter dated 07 Feb 2007 addressed to the Registrar Cooperative Societies where-in he has stated that he and his cousin moved into Flat No 19.

Shri Prasheel Bhardwaj in his letter dated 07 Feb 2007 gives the impression that he did not know the location of the Society office. This seems implausible if he had stayed in the flat.

Shri Prasheel Bhardwaj vide his letter dated 15 Mar 2007 has provided copies of Society letters dated 04 and 05 Oct 1998 (issued immediately after the draw of lot) instead of the original Share Certificate and Possession Letter which does not meet the requirement. In the same letter dated 15 Mar 2007, he states that his nephew, Shri Raman Dixit, lived in the flat after allotment, as the latter was working in Delhi. But after some time he got a job in Saharanpur. This is another contradiction to his statement made to the RCS where-in he stated that he himself moved in along with his cousin.

Shri Amit Ojha submitted on 20 May 2009 in his application dated 11 Dec 2008 to the RCS that after the allotment of Flat No 19, his cousin stayed in the flat during the year 2000 and 2001 and vacated. He adds that the Secretary of the Society forcibly took over the flat and Shri Prasheel Bhardwaj being an NRI came to India in 2005. This is contrary to statements made by Shri Amit Ojha on 26 Mar 2003, his petition in the Court of the RCS and application of Shri Prasheel Bhardwaj dated 07 Feb 2007 to the RCS.

Thus it is a case of acquiring membership of DIN CGHS Ltd illegally based on forged application, suppressing / concealing facts in the Affidavit and subsequently submitting contradictory statements to the Society, the RCS and the Court of the RCS - in collusion with then Secretary Mr. Madan Sharma? Or else present MC will have to bear it.

Conclusion

Shri Prasheel Bhardwaj and / or his Attorney do not have any of the following documents to prove that he had taken possession of Flat No 19:-

(a) Original Share Certificate - – copy not available with Society.

(b) ‘No Dues Certificate’ from the Society - has not been issued as per Society records.

(c) Receipt of payment of Rs 5, 000/- as security deposit for electricity meter before connecting electricity to the Flat.

(d) Receipt for payment of Rs 25, 000/- as one time maintenance money.

(e) Receipt for payment of monthly maintenance till the date of taking possession of Flat No 19.

(f) Receipts for payment of electricity and water charges for the period Feb 2001 to Feb 2002; the period he claims that the flat was rented out.

(g) Any rent receipt given to the so called tenant.

(h) No rent agreement was submitted to the Society, as is the norm.

It may be appropriate to file an FIR against Shri Prasheel Bhardwaj for acquiring membership of the Society illegally and investigation by an appropriate agency for his date of birth, place of birth, NRI status, source of funding, different signatures on Application, passport, affidavit, Power of Attorney, authenticity of the so called tenant and the numerous inconsistencies in his statements.

CLOSING OF JEET RAJ SETHI CASE

Col RC Kapoor attended the hearing in State Consumer Disputes Redressal Commission on 26 Oct 2009 and delivered the balance amount to be paid to Shri Jeet Raj Sethi in accordance with the 'Agreement' dated 22 Jul 2009 in three cheques as under:

(a) Stae Bank of Indore Cheque No 653 dated 26 Oct 2009 for Rs 1, 00, 000/-.

(b) SB of Indore Cheque No 653068 Dated 30 Nov 2009 for Rs 1, 25, 000/-.

(c) SB of Indore Cheque No 653069 dated 31 Dec 2009 for Rs 1, 25, 000/-.


SB of Indore Cheque No 653065 dated 31 Jul 2009 for Rs 2, 00, 000/- had already been issued to Shri Jeet Raj Sethi and the amount has been debited from the Society's account. With the fresh cheques issued, the Society has honoured its committment made in the 'Agreement' and paid back complete amount of Rs 5, 50, 000/- to Shri Jeet Raj Sethi. The Presiding Officer at the State Commission confirmed that an order closing the case will be passed within this week i.e. by 31 Oct 2009.


The Society has to apply to the State Commission for the FD Instrument No 102878 dated 26 May 2008 of Rs 25, 000/- along with a copy of the order of the State Commission. The FD has already matured on 25 Jul 2009.

AGREEMENT WITH S.S. & ASSOCIATES FOR OBTAINING COMPLETION CERTIFICATE FROM DDA

Whereas DIN CGHS Ltd (Regn No. 852), Plot No. 7, Sector-4, Dwarka, New Delhi – 110 078 (hereinafter called Society) is interested in getting the services of Architect for getting ‘Completion Certificate’ from Delhi Development Authority (DDA) with extensions allowed in present rules and whereas M/s S.S. & Associates, Plot No. 155, Pocket-C-8, Sector-17, Dwarka, New Delhi - 110075 (hereinafter called Architect) have agreed to provide the said services, it is agreed that scope of Architectural services and the fees shall be as follows:-

1. Architect shall prepare architectural drawings for submission & approval of DDA after review and acceptance by the Society.

2. Architect shall prepare model with architectural features to the required size as per practice for seeking approval from DUAC.

3. Architect shall prepare Architectural & Structural working drawings and do other related works. Architect shall submit copies for Society record and construction.

4. Architect shall provide periodic supervision services at the site to ensure the progress of work as per the working drawings and to resolve problems, if any.

5. Architect shall attend co-ordination meetings with the Owner / Contractors for monitoring the progress of construction.

6. Architect shall prepare and submit final drawings for obtaining completion certificates.

7. Architects will provide to society two hard copies and one soft copy of all drawings, plans (in AutoCAD and PDF formats) and documents being submitted to various civic agencies including the Delhi Development Authority without any additional cost i.e. cost is included in fee.

8. The Society shall pay Rs. 6, 40,000/- (Rupees six lakhs Forty Thousand only) as total remuneration for the above services for 166 Dwelling Units excluding service tax. The following charges shall be reimbursed at actual:-

(a) Building Plan Fees Payable to DDA @ Rs 1/- per sq m.

(b) Layout Fees payable to DDA @ Rs 10, 000/- per acre.

(c) Compounding Charges @ Rs 450/- per sq. m. per flat payable to DDA. (Approx Rs 2, 200/- per Flat – to be paid on completion of building and submission of revised plans).

(d) Completion Fees payable to DDA @ Rs 1/- per sq. m.

(e) Charges for Provisional Occupancy Certificate (POC) - Rs 200/-.

9. The Fee shall be payable as per the following stages:

(a) 20% on submission of drawings, approved by the Society, to the appropriate authorities for sanction.

(b) 20% on receipt of approval of plans from DDA.

(c) 20% on preparation of Tender Documents, inviting, receiving, analyzing tenders and advising Society on appointment of contractors.

(d) 20% of fee during construction on prorata basis (Monthly Basis).

(e) 10% on preparation & submission of completion plans to the authority for Completion Certificate.

(f) 10 % on receipt of Completion Certificate from the DDA.

10. Service tax shall be paid extra as applicable.

11. TDS shall be deducted as per present rules.


Sd/xxx Sd/xxx
( Anil Kumar Shekhar ) Col Jagdish Madan, Retd)
For S. S. & Associates Secretary
25 Oct 2009 25 Oct 2009
PAN : BBTPS5354N
Service Tax Regd. No. BBTPS5354NST001

VOTING: CAR PARKING ISSUE

1. Reference Agenda Item No 6 of Minutes of the Special General Body Meeting (SGBM) held on 30 August 2009. The members were offered the following two options and requested to indicate the option that according to them is correct:-

(a) Option One. Members allotted car parking space should have the right to sell the space / transfer car parking rights while selling their respective flats.

(b) Option Two. The right to transfer parking rights / allot car parking space is the prerogative of the Society and members selling their flats should surrender the space to the Society in return for the amount paid by them.

2. The members were also requested to ensure that their vote reaches the Secretary by 30th September 2009. By that date, however, only 45 votes had been received. The tally of votes and the option exercised by the members is appended below:-

(a) Total Votes received - 45

(b) Votes rejected - 6

(c) Option 1 - 17

(d) Option 2 - 22

3. Members desirous of viewing details of the votes received are welcome to contact the Secretary at any time convenient to them. The details of the issue and votes cast have been conveyed to the Registrar Cooperative Societies. Members selling their flats are advised not to sell the garage / transfer parking rights to the buyer as it amounts to violation of Section 89 of the Delhi Cooperative Societies Rules 2007 and will invite litigation against them.

EXPENDITURE FOR THE MONTH OF SEP 2009

1. Expenditure / Cash Outgo from 1st to 30th September 2009:

(a) Electricity expenses for common area during August 09. Rs. 43,126/-*

(b) Repair & Servicing of generator including AMC from July to
September 2009 Rs. 18,289/-

(c )Diesel for generator Rs. 3,000/-

(d) Security Bill for August & 17 days of Sept. 2009 as the
Services of the agency was terminated. Rs. 60,208/-

(e) Gas for Guard Room Rs. 200/-

(f) MTNL/Airtel telephone bill Rs. 1,298/-

(g) Salary for Society’s employees Rs. *25,460/-

(h) Advance paid to Shri Gauri Shankar Rs. 5,000/-

(i) Overtime paid @ Rs 400/- each Rs. 1,600/-

(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(vi) Shri Ram Kishan

(j) Magazine for Library Rs. 682/-

(k) LCC Card for intercom eight connections (2nd Installment) Rs. 5,000/-

(l) CVT 150 VA for intercom system Rs. 2,200/-

(m) Repair/replacement of damaged pipe in pumping station Rs. 13,000/-

(n) Repair of water pumps & submersible pump Rs. 10,510/-

(o) Repair of floor of TT Room Rs. 1,150/-

(p) Water Bill for the period 07.05.09 to 01.09.09 & one tanker Rs. 35,549/-

(q) Conveyance to staff Rs. 159/-

(r) Trash Removal charges (MCD) Rs. 500/-

(s) Postage Rs. 1,098/-

(t) Photocopy charges Rs. 3,246/-

(u) Stationery for office Rs. 253/-

(v) Cartridge for printer Rs. 2,922/-

(w) One pen drive for office use Rs. 400/-

(x) Professional fee to Advocate in case of Shri Prasheel Bhardwaj
and Shri Anil Sharma Rs. 16,500/-

(y)Insecticides for the lawn Rs. 355/-
------------------
Total Expenditure: Rs. 2,51,705/-
------------------
2. Amount Received:

(a) Maintenance/BMF (including recoveries) Rs 1,21,600/-

(b) Water Charges Rs 7,350/-

(c) Ground Rent Rs 36,932/-

(d) DDA Architect’s fee (Complete Certificate) Rs. 2,88,000/-


(e) Generator Fund Rs. 2,400/-

(f) Shifting Charges Rs. 1,000/-

(g) Other recoveries. Rs 7,051/-

(h) Transfer Money Rs. 1,000/-

(i) Admission Fee & Share Money Rs. 220/-
-----------------
Total Receipt: Rs. 4,65,553/-
-----------------

* Total electricity bill for the month Rs. 3,51,882/-

3. Members desirous of checking details are welcome to the Society’s office and check accounts on any working day between 10 AM to 5 PM. The right of the Members to demand inspection of all Society’s accounts maintained by the MC will be respected at all cost.

4. Suggestions / recommendations to improve accounting procedures and introduce transparency are welcome and shall be taken in the right spirit.

CONDEMNATION BOARD PROCEEDINGS

1. Pursuant to DIN CGHS Ltd Notice No DIN/CB/2009 dated 25th Sep 2009, the Condemnation Board comprising of the following assembled to classify damaged assets / stores of the Society and dispose them off through kabadies:

(a) Sh. HS Monga, Flat No. 11.
(b) Sh. Vijay Kejriwal, M. No 391.
(c) Smt Navita Singh, M. No 517.



2. The stores / assets produced before the Board, their classification, disposal recommended and price obtained are appended below:-

Ser No. Item Classification Disposal Cost

(a) Radiator of Generator (1) Unserviceable Scrap Sell Rs 1150.00
(b) Aluminum Stair (1) - do - - do - Rs 450.00
(c ) Electric Meters (3) - do - - do - Rs 300.00
(d) Plastic Chairs (8) - do - - do - Rs 160.00
(e) Plastic Stools (2) - do - - do - Rs 40.00
(f) Iron Pipes & Pieces (62 Kgs) - do - - do - Rs 868.00
@ Rs 14.00 per Kg
------------------
Total - Rs 2, 968.00
------------------


3. The amount of Rs 2, 968.00 along with these Board Proceedings has been deposited with the Secretary on 27th Sep 2009.

CONDEMNATION BOARD

Ref. No. DIN/CB/2009 25th Sep 2009


CONDEMNATION BOARD


1. A Condemnation Board will be held in the Society at 11 AM on Sunday, 27th Sep 2009 to identify unserviceable / damaged assets, condition / classify them as repairable / beyond economic repairs and dispose them off through auction / kabadies. The following members have agreed to take on the responsibility:-

(a) Shri Vijay Kejriwal, M. No. 391.

(b) Mrs Navita Singh, M. No. 517.

(c) Shri HS Monga, Flat No. 11.

2. The sale proceeds will be deposited in the Society’s bank account.

3. The items condemned and so disposed will be charged off from the ‘Assets Register’.

4. A board proceeding duly signed by all three members will be submitted to the Secretary for record.

5. The items will be displayed near the Society office at 11 AM on 27th Sep 2009. Members interested to witness the proceedings are welcome to do so.

FIXED DEPOSITS

Continuing with the Management's policy of striking a fine balance between development, maintenance , improvement and increasing our savings for a rainy day, Rupees nine lakhs have been parked in a fixed deposit with the State Bank of Indore at an interest rate of 7.25 % p.a for a period of 367 days. With the latest FD, the Management has been able to invest a total of Rupees thirteen lakhs in fixed deposits. Instruments of FDs are available in the office. Members desirous of checking the FD instruments are welcome to inspect them at any time convenient to them.

LIST OF GARAGE HOLDERS

S.No. M.No. F.No Name Garage No.

1. 76 130 Sh.A.K.Jain 84


2. 150 111 Sh.Manoj Gautam 36


3. 237 163 Sh.A.K.Malpani 77


4. 240 6 Mrs. Rose Jha 23-24


5. 250 143 Sh.Y.D.Saxena 45


6. 256 147 Mrs.N.M.Ratnam 73-74


7. 257 144 Mrs. Aruna Sharma 70


8. 265 165 Sh.Amitabh Singh 86


9. 267 59 Mrs. Rajni Sobti 44


10. 268 33 Sh.Deepak Indoliya 20


11. 272 27 Mr VS Nagar 10


12. 275 148 Sh.B.K.Srivastava 88


13. 283 72 Sh.Rajendra Singh 51


14. 284 138 Mrs. Ranjana Verma 30


15. 288 36 Brig.KKV Khanzode 17


16. 292 133 Mrs.MVS Lakshmi 85


17. 298 44 Sh.R.D.Saxena 16


18. 313 23 Sh.S.C.Verma 9


19. 324 159 Sh.A.K.Bhola 59


20. 327 70 Sh.A.K.Agarwal 53


21. 328 7 Mrs.L.savithri 28


22. 337 84 Dr.A.K.Upadhayay 41-42


23. 346 150 Mrs.Madhu Malik 75


24. 353 63 Sh.Rajeev Manchanda 57-58


25. 374 43 Sh.N.C.Meena 13-14


26. 378 113 Lt.Gen.D.B.Shekhatkar 68


27. 379 101 Mrs. Meena Gupta52



28. 380 32 Sh.S.K.Khanwalkar 49-50


29. 390 139 Mrs. Sita V.S.Mani 73-74


30. 404 102 Sh.Rohit Karan Sawhney 54


31. 408 158 Sh.Ravi Kumar Gupta 90


32. 410 9 Mrs.Nirmal Kaur 8



33. 421 25 Mrs.Swapna Ghose 22


34. 427 160 Brig.D.P.Singh 62


35. 428 16 Sh.Bain Singh 7


36. 430 21 Sh.Anil Kumar Dutta 3-4.


37. 432 87 Col.Jagdish Madan Retd 60


38. 443 45 Col.R.D.Sharma Retd. 25-26


39. 446 35 Sh.J.C.Pant 15


40. 452 106 Mrs.Uma Mishra 35

41. 453 166 Brig.T.R.Sharma 65-66

42. 479 5 Syampur Shrikant 37

43. 462 80 Maj.Gen.Basant Singh 29

44. 469 74 Mrs. Aruna Vijay 39-40

45. 472 62 Sh.Hari Kishan Meena 55-56

46. 474 11 Sh.K.D.Saxena 38

47. 475 61 Sh.M.C.Mulwani 46

48. 477 140 Sh.Jaideep Govind 67

49. 483 141 Mrs. Abha Govind 69

50. 486 8 Ms.Harveen Kaur 2

51. 487 112 Mrs. S.Dharmadhikari 61

52. 497 4 Sh.Anil Kumar Goel 11-12.

53. 498 123 Sh.Praveen Kumar 79-80

54. 499 142 Sh.Digvijay Kumar 92

55. 501 132 Sh.S.Narayanan NV 83

56. 502 41 Sh.Y.S.Mathur 27

57. 503 31 Sh.Anil Sharma 43

58. 504 85 Sh.Inderjeet Mankotia 31-32

59. 506 26 Sh.Attar Singh Gulia 18

60. 508 156 Mrs. Anupamjeet Kaur 63-64

61. 509 24 Col R.C.Kapoor 21

62. 510 89 Sh.Kapil Bhatia 33-34

63. 511 95 Mrs. J.Shakuntala 5-6.

64. 513 116 Sh.Vinod Dangi 81-82

65. 517 86 Mrs. Navita Singh 47-48

66. 519 120 Mrs. Poonam 76

67. 522 152 Sh. Ramoday Singh 91

68. 524 155 Sh. Arun Kumar 78

69. 530 145 Dr.Rajender Parsad 71-72

CHANGE OF SECURITY & CLEANING AGENCY

Considering the numerous complaints against RAKSHAK Securitas (P) Ltd, the Agency has been replaced with New Marshal Security Services with effect from 18th Sep 2009. The new Company will be retained on trial basis for a period of three months. The contract will be signed for an year if the Company's performance is found sactisfactory.

DEMAND NOTICE: COMPLETION CERTIFICATE FROM DDA

Please refer to Agenda Item No 3 of the Special General Body Meeting (SGBM) held on 30th Aug 2009 and the decision approved there-at.

2. Since the deadline for submission of application for ‘Completion Certificate’ along with ‘as built’ and ‘revised plans’ for coverage of FAR of 167 is fast approaching, services of M/s S.S & Associates Architects & Engineers have been hired, as approved by the SGBM. A three member Committee has been appointed to interact with the firm on behalf of the Society and monitor the progress of the process.

3. In order to facilitate prompt action by the MC as also the three members Committee, all members are requested to make the payment of Rs 4,000/- to the Society positively by 25 Sep 2009. It may be noted that a delay in submission of application for ‘Completion Certificate’ to the DDA will invite avoidable penalty upon the Society.

NOTIFICATION: DECISIONS OF THE SGBM HELD ON 30 AUG 2009

The decisions of the SGBM held on 30 Aug 2009 along with their dates of implementation are listed below:-

1. Completion Certificate. Shri SC Sharma, Membership No 247 volunteered to speak to Shri AK Manna, Jt Dir G/H in the DDA to understand various issues on getting completion certificate with or without extra coverage. Sh. SC Sharma and Sh. Mankotia volunteered to assist in the process of getting the ‘Completion Certificate’. The following were approved:

a) Appointment of Architect (M/s S.S & Associates Architects & Engineers) for preparation of Drawings, submission to various authorities and arranging completion certificate.

b) Architects fee @ Rs. 4000/- per flat to be contributed by each member.

c) Extension of balconies within the revised FAR of 167.

d) The cost of construction and other incidentals will be shared by each member at actual.

2. Monthly Maintenance Charge from Owners of Rented Flats. Increase of monthly maintenance from owners of rented flats increased from the present Rs 1000/- to Rs 2000/- p.m. with effect from 1st Nov 2009.

3. Shifting Charge @ Rs 1000/- from Flats on Rent. A ‘Shifting Charge’ of Rs 1000/- upon the owner of the flat(s) each time a tenant / member moves in or out has been approved and would be applied with immediate effect.

4. Additional Charge from Second Car Owners. It was decided to charge Rs 100/- per month for the second car owned by members and residents who park such car(s) in the open in the space earmarked along the boundary wall. The decision will be applicable with effect from 1st Oct 2009.

5. Power Backup Capacity. The members agreed to contribute an amount of Rs. 200/- pm to create a corpus for purchase of new DG Set. Applicable with effect from 1st Oct 2009.

6. Monthly Water Charges. Applicable with effect from 1st Oct 2009:-

a) The actual water bill received from the DDA will be shared equally by all members / residents.

b) Rs 50/- p.m being charged per member / resident will continue. Balance amount, if any, will be charged as and when the water bill is received from the DDA. Rs 50/- taken from the members will be adjusted against actual amount due from each member.

7. Other issues discussed and decisions arrived at are contained in the Minutes of the SGBM. Members are requested to kindly note the dates of implementation and ensure payment of dues in right time.

EXPENDITURE FOR THE MONTH OF AUGUST 2009

1. Expenditure / Cash Outgo from 1st to 31st August 2009.


(a) Electricity expenses for common area during July 09. Rs. 37,282/-*

(b) Diesel for generator Rs. 6,000/-

( c)Major repair to Generator Rs. 18,000/-

(d) Security Bill for July 2009. Rs. 38,501/-

(e) Gas for Guard Room Rs. 200/-

(f) Battery for torch for Electrician Rs. 60/-

(g) MTNL/Airtel telephone bill Rs. 924/-

(h) Salary for Society’s employees Rs. *26,700/-

(i) Overtime paid @ Rs 400/- each Rs. 1,600/-

(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(vi) Shri Ram Kishan

(j) Magazines for Library Rs. 650/-

(k) AMC for intercom for the period 01.08.09 to 31.01.10 Rs. 13,495/-

(l) TT Room repair and burst water pipe Rs. 1,638/-

(m)Electrical spares for the Society. Rs. 5,545/-

(n) Cleaning material for the Society. Rs. 1,931/-

(o) Trash Removal charges (MCD) Rs. 500/-

(p) Postage Rs. 727/-

(q) Photocopy charges Rs. 2,736/-

(r) Stationery for office. Rs. 17/-

(s) Expenditure in connection with SGBM Rs. 370/-

(t) Expenditure in celebrating the Independence Day Rs. 6,838/-
------------------
Total Expenditure: Rs. 1,63,714/-
------------------


2. Amount Received:

(1) Maintenance/BMF (including recoveries) Rs 1,58,800/-
(2) Water Charges Rs 6,750/-
(3) Chand Case Rs 10,000/-
(4) Ground Rent Rs 11,740/-
(5) Other recoveries. Rs 27,799/-
------------------------
Total Receipt: Rs. 2,15,089/-
------------------------
* Total electricity bill for the month Rs. 3, 72,408/-



3. Members desirous of checking details are welcome to the Society’s office and check accounts on any working day between 10 AM to 5 PM. The right of the Members to demand inspection of all Society’s accounts maintained by the MC will be respected at all cost.



4. Suggestions / recommendations to improve accounting procedures and introduce transparency are welcome and shall be taken in the right spirit.

MINUTES OF THE SPECIAL GENERAL BODY MEETING HELD ON 30 AUG 2009

A Special General Body Meeting (SGBM) of DIN Cooperative Group Housing Society Ltd was held on 30 Aug 2009 at 11 AM in the Society premises Plot # 7, Sector-4, Dwarka, New Delhi – 110 078 under the Chairmanship of the President, Shri AK Malpani.

The following members attended the meeting:-

Ser No Name Membership No

1 Vivek Chander Sood 433
2 Col Jagdish Madan 432
3 Smt Sharda Wadhawan 526
4 Brig Rakesh Goel 287
5 Shri NN Srivastava 300
6 Shri Ramoday Singh 512
7 Shri Rajeev Manchanda 353
8 Shri SC Verma 313
9 Smt Sita VS Mani 390
10 Shri YS Mathur* 502*
11 Shri AK Malpani 237
12 Col RC Kapoor 509
13 Smt Rose Jha 240
14 Shri LC Tomar 276
16 Dr AK Upadhyay 337

* Without prejudice to approval of membership by the RCS.

Since the quorum was not complete at 11 AM, the SGBM was adjourned for half an hour.

The SGBM having reassembled commenced at 11.35 AM on 30 Aug 2009.

President’s Address

Opening the meeting, the President Shri AK Malpani addressed the house and welcomed all present to the Special General Body Meeting (SGBM). Recalling late Shri Ranbir Singh, he said that our fellow member and vice president of the society, Shri Ranbir Singh left for his heavenly abode on 12th Oct 2008, after a brief illness. He had always been a guide and a friend to us and was always present to help any member in need. He had tirelessly worked for betterment of the society and we shall always miss his cheerful and ever ready enthusiasm in running the society effectively.

Shri Ranbir Singh is survived by his wife, two sons and a daughter. We assure them of our whole hearted support in any manner we can. We sincerely pray for peace of the departed noble soul.

The President then invited all present to join him by rising and observing a minutes’ silence as a mark of our respect for Shri Ranbir Singh.

There after, the President said that the present management committee took over the office in Sep 2008 and the new Management Committee (MC) was faced with many issues including paucity of funds, unsettled liabilities and legal cases, details of which were not available. To add to the problems, the lawyers engaged by previous MC refused to continue with the case(s). The details are provided in Secretary’s Report.

The President said that this SGBM was necessitated because of notice received from DDA to file papers for ‘Completion Certificate’ including desired deviations latest by 5th Oct 2009. Presently, Society has no documents pertaining to ‘as built’ drawings, papers submitted for POA, copies of approvals for sewerage and electricity. We had given three notices to our Architect but got no response. Under the circumstances, we are required to appoint an architect who can prepare the drawings ab initio and follow-up with DDA for approvals. There is a silver lining that we can go for FAR of 167 against original approved 133, thus submit approval of extension of balcony. The details will be provided by the Secretary.

He then requested the Secretary, Col Jagdish Madan, Retd to take over and commence the business.

Discussion on Agenda Points

1. agenda Item No 1 (Minutes of the Last SGBM Held on 25 Dec 2007). Not to be approved as it was not recorded correctly.

(a) Collection of Rs 15, 000/- from members for Rana Case was not approved by the House.

(b) The previous MC was requested to allow the elections to be held and leave gracefully (Not recorded).

Decision. The Minutes of the AGBM held on 25 Dec 2009 were approved with the record being corrected to include 1a) & 1b) of the agenda item.

2. Agenda Item No 2 (Passing of Accounts for 2007-08). The charge of the Society was handed over to the present MC on 14 Sep 2008 without the audit for the period Apr 2007 to Mar 2008 having been conducted. The documents for the audit too had not been prepared. The present management had to ferret out details of the accounts, prepare the audit documents and get the audit done.

Decision. The accounts were passed along with the observations of the MC. Shri YS Mathur, Ex- Secretary, had informed that he would like to provide certain observation to Auditor’s Comments. It was agreed that in case of differences, the comments provided by Shri YS Mathur will be put up for review by three members Committee.

3. Agenda Item No 3 (Completion Certificate). Application for ‘Completion Certificate’ to the DDA has to be filed by 05 Oct 2009, failing which the Society stands to be penalized heavily. The original architects, M /s Aggarwal Arora Architects Private Ltd. has not responded to the MC’s appeals to take the action required to obtain the ‘Completion Certificate’ from the DDA. Approval of the SGBM is essential in order to appoint a new architect to take on the task. The President explained to all present that while applying for the ‘Completion Certificate’ we will have to first get the architect to prepare ‘as built’ drawings of the Society, have new drawings prepared for coverage of FAR 167 (present approved plans are for an FAR of 133) and then submit the same along with other supporting documents to the DDA for obtaining the ‘Completion Certificate’. The Secretary informed all present that since our original architect, Shri BD Arora had expired, the Society has to hire another architect to take on the responsibility. It was also brought to the notice of all that approximate expenditure for hiring the architect and getting the ‘Completion Certificate’ will be Rs 4, 000/- per member. Thus, each member will have to pay Rs 4, 000/- as his / her individual share for hiring the architect and obtaining the ‘Completion Certificate’. In addition, with the increased FAR the extension of balconies by some members will be covered and we would be able extend the ante room balcony further as also have the option to later on extend the balcony of the master bedroom; albeit with fresh sanction of the DDA for the second balcony. While constructing the balcony, we would be able to insert pipes for supply of drinking water as well as for drainage.

Decision. Shri SC Sharma, Membership No 247 volunteered to speak to Shri AK Manna, Jt Dir G/H in the DDA to understand various issues on getting completion certificate with or without extra coverage. Sh. SC Sharma and Sh. Mankotia volunteered to assist in the process of getting the ‘Completion Certificate’. The following were approved:

a) Appointment of Architect (M/s S.S & Associates Architects & Engineers) for preparation of Drawings, submission to various authorities and arranging completion certificate.

b) Architects fee @ Rs. 4000/- per flat to be contributed by each member.

c) Extension of balconies within the revised FAR of 167.

d) The cost of construction and other incidentals will be shared by each member at actual.

4. Agenda Item No 4 (Monthly Maintenance Charge from Owners of Rented Flats). As per Section 102 (2) Of Delhi Cooperative Societies Rules 2007, the General Body is empowered to fix higher charges of maintenance in respect of dwelling units which are on rent and in possession of tenants. Presently, 77 flats out of 160 presently occupied, are occupied by tenants (48.12 %). It is proposed to increase the monthly maintenance from such flats from the present Rs 1000/- to Rs 2000/- p.m.

Decision. The proposal was approved.

5. Agenda Item No 5 (Shifting Charge @ Rs 1000/- from Flats on Rent). Considerable damage to stair cases and lifts is caused due to tenants / member moving in / out. It is proposed to levy a ‘Shifting Charge’ of Rs 1000/- upon the owner of the flat(s) each time a tenant / member moves in or out.

Decision. The proposal was unanimously approved.

6. Agenda Item No 6 (Policy for Allotment of Car Parking Space). There being no clearly defined policy for allotment / sale of car parking space, the issue was so far left to the discretion of the members selling their flats and leaving. While some members have surrendered the parking space for allotment to others who had been waiting for years, some chose to sell the space / transfer parking rights along with the flat(s) to the buyer. There is a pressing need to lay down a vivid policy to be followed by members wishing to sell their flats and leaving as far as the sale of parking space / transferring parking rights to the buyer is concerned.

Decision. The House agreed that the Parking space is property of the Society and cannot be included in Sale Deed. Those, who have included the parking space in Sale Deed will be required to get the ‘Rectification Deed’ registered after deleting all references to parking. The House was divided over the issue on transfer / surrender of parking rights. It was felt by some members that the right of parking available to them on payment of parking charges is transferable to the Purchaser of flat. Some members felt that the rights cannot be transferred on the same value and a proper escalation needs to be built. There being no consensus, the issue was put to be decided by a vote by raising hand. On seeing that the house was divided almost equally, the voting was done through ballots with members required to vote on one of the following two options:

(a) First Option. Parking to be surrendered to Society.

(b) Second Option. Rights to parking can be transferred by flat owner.

A total of 34 votes were cast. The names of voters along with their choice of option are appended below:-

Ser No M.No Name Option



(1) 408 Ravi Kumar Gupta 2
(2) 517 Navita Singh 2
(3) 313 SC Verma 2
(4) 41 YS Mathur* 2
(5) 504 Inderjeet Mankotia* 2
(6) ----- BS Kandola* 2
(7) 240 Rose Jha 2
(8) 337 AK Upadhyay 2
(9) 272 Manju Nangia 2
(10) 456 HK Anand 2
(11) 101 Meena Gupta 2
(12) 390 Sita VS Mani 2
(13) 353 Rajeev Manchanda 2
(14) 469 Aruna Vijay 2
(15) 510 Kapil Bhatia 2
(16) 242 SC Sharma 2
(17) 324 AK Bhola 2
(18) ---- Gurmaan Singh** 2
(19) 432 Jagdish Madan 1
(20) 246 Usha Vyas 1
(21) 300 NN Srivastava 1
(22) 509 RC Kapoor 1
(23) 505 K Ramachandran 1
(24) 433 Vivek Chander Sood 1
(25) 474 AK Monga 1
(26) 527 V Venkatraman 1
(27) 529 Sameer Shankar 1
(28) 490 S Chandershekhar 1
(29) 266 Urmil Malhotra 1
(30) 267 Rakesh Goel 1
(31) 511 J Shakuntala 1
(32) 391 Vijay Kejriwal 1
(33) 506 AS Gulia 1
(34) 466 Jayini A Shekhar 1
(35) 421 Swapna Ghose 1

* Membership Not Approved by the RCS

** Membership Not Approved and Proxy Vote

Note:

A. Excluding the proxy vote, all other votes were counted and a tie of 17 votes in favor of each option announced.

Decision. Since vote count announced by the Secretary drew a tie of 17 votes, excluding the proxy vote, in favour of each of the option. Being a close contest, and involving commercial implications to the members, the President did not exercise his vote and decided that the matter be Referred to all the members along with minutes to send their opinion within 15 days of issue of minutes. The form for submission of opinion is enclosed.

7. Agenda Item No 7 (Introduction of a Monthly Charge for Use of Open Car Parking Space). Considering the significant increase in the number of cars being parked in the Society and the fact that the resultant chaos is only likely to increase with time, there is a need to muster resources and streamline the system of parking within the Society premises. Suggestions to overcome the menace need to be discussed and effective measures instituted. In addition, two wheelers are being parked haphazardly in the parking corridors blocking access to syntax tanks as well as adding to the overall parking confusion.

Decision. All present acknowledged the problem. However, the issue was deferred to future GBM

8. Agenda Item No 8 (Additional Charge from Second Car Owners). Members / residents owning a second car to be charged Rs 200/- p.m in order to reduce the parking chaos in the Society.

Decision. It was decided to charge Rs 100/- per month for the second car owned by members and residents who park such car(s) in the open in the space earmarked along the boundary wall. The money is to be used for arranging proper parking by appointment of parking attendant.

9. Agenda Item No 9 (Power Backup Capacity) The present generator (63 KVA) has been in service since 1998 and has suffered frequent and expensive break downs. Since the Society’s security, lifts and water supply system depend upon this generator during power cuts / failures, there is an urgent requirement to plan ahead for an emergency situation. It is proposed to start a ‘Generator Fund’ by charging the members Rs …. (To be decided by the house) per month for the same. A limit for such fund can also be laid down by the SGBM.

Decision. The members agreed to contribute an amount of Rs. 200/- pm to create a corpus for purchase of new DG Set.

10. Agenda Item No 10 (Monthly Water Charges). Presently, Rs 50/- per member / resident is charged to pay for the water bills received from the DDA. With the average monthly water bill coming to Rs 15, 843/-, the monthly collection from members is highly inadequate and the short fall has to be paid out of maintenance fund. This leaves negligible amount left to spend on maintenance of assets. If the house approves, a slab system of billing water to individual flats may be introduced, depending upon number of people staying in each flat.

Decision. The following decisions were approved by the House:-

A. The actual water bill received from the DDA will be shared equally by all members / residents.

B. Rs 50/- p.m being charged per member / resident will continue. Balance amount, if any, will be charged as and when the water bill is received from the DDA. Rs 50/- taken from the members will be adjusted against actual amount due from each member.

C. The society shall endeavor to provide soft water by way of tankers and/ or installing water softener to the residents and the cost of such provision will be shared by each member. The members agreed to pay Rs. 150/- pm to create corpus for provision of Soft Water. However, the Secretary informed that the case of DIN CGHS Ltd Vs Rana Construction Co. is listed for 3rd Nov. 2009. A substantial contribution may be required to meet expenses of the case. Accordingly, decision of creating a corpus be deferred till 3rd Nov 2009

11. Agenda Item No 11. (Settlement of Chand Case). The Society had to pay Rs 20, 00, 000/- (Rupees twenty lakhs) to Chand Construction Co. following avoidable legal battle and protracted negotiations with Mr Chand. Had serious efforts been made earlier, the Society could have saved lakhs of rupees in interest paid and legal fees.

Decision. Shri Rajeev Manchanda demanded to know why the MC had not taken prior permission of the House to make such a huge payment. He was informed that the payment was made on orders of the Hon’ble High Court of Delhi. Secondly, the payment was due because of bouncing of Society’s cheque against work carried out as per contract and the same was accepted by earlier MC in their submissions. This being the liability against the contract needs to be paid along with penalty interest imposed by Hon’ble High Court of Delhi. Besides, members were kept informed of all developments at every stage of the negotiation and their consent were sought by issuing two letters to each member. Objection/ clarification sought by some members were clarified to them.

Note: For details of the case, refer to Secretary’s Report.

12. Agenda Item No 12. (Settlement of Jeet Raj Sethi Case). While the present MC was able to negotiate an ‘out of court settlement’ with Mr Jeet Raj Sethi and close the case, years of futile legal battle has left the Society poorer by an indefinite amount.

Decision. All present approved the action taken by the MC.

13. Any Other Point. At this juncture, Shri Vivek Chander Sood, Membership No 433 sought the permission of the Chairman and addressed the House. He said that he had become a member of the Society in 1995 and had paid the cost of the flat to the Society but had not been given any flat so far. All efforts made by him during the past had failed to have a draw conducted and a flat allotted to him.

Decision. The house expressed its sympathy with Shri Vivek Chander Sood and approved taking up his case with the RCS and DDA for conduct of a draw of lot and expediting allotment of a flat to him.

There being no other point, the meeting was declared closed.

VOTE: AGENDA ITEM No 6


Membership No-------- Flat No--------- Name----------------------------


1. Reference Agenda Item No 6 of Minutes of the Special general Body Meeting held on 30 August 2009. My choice of option is (Tick) marked below:-

(a) Option One. Members allotted car parking space should have the right to sell the space / transfer car parking rights while selling their respective flats.

(b) Option Two. The right to transfer parking rights / allot car parking space is the prerogative of the Society and members selling their flats should surrender the space to the Society in return for the amount paid by them.

2. Please ensure that your vote reaches the Secretary by 30th September 2009. Your signature must match the record maintained in the Member’s Register.


(-------------------------------------)
Signature of Member


Note: 1. Members are requested to acquaint themselves with relevant rules and regulations on the subject contained in Delhi Cooperative Societies Act 2003 and Delhi Cooperative Societies Rule 2007 before exercising their votes in order to avoid complications and litigation at a later stage.

2. Provisions of Delhi Cooperative Societies Rules 2007 and Delhi Cooperative Societies Act 2003 will be applied while counting of votes.