The case of Anil Sharma was projected to the RCS vide DIN CGHS Ltd letter No. DIN/435/5A/2009 dated 17 Feb 09 and also discussed with him on 25 Feb. 2009, The RCS had sought details of the case relating to occupation of flat number 38 by Shri Anil Sharma. The details as available in Society’s records handed over to us are as follows:
1. Shri Anil Sharma, Membership No.435 who became a member of the Society on 09 Nov. 1995, was not included in the draw of lots held by the DDA, under supervision of the Registrar Cooperative Societies (RCS) on 04 Oct 1998, for having defaulted on payments to the Society. Ample opportunity was given to Shri Anil Sharma to clear his dues but the Society received no response from him.
2. The Society approached the RCS with the request to expel Shri Anil Sharma from the Society vide letter No. DIN/17/EXPULSION/98 dated 26 Nov 98. Final Notice for him and the other defaulters to clear their respective dues was also published in newspapers dated 9 Nov 98 (copies available in Office). The RCS too, had given him a final opportunity to explain his cause by appearing before him on 15 Dec 98 at 3 P.M. failing which his expulsion would be approved. He was instructed through Smt. Omwati Sharma, who had represented him, to clear all dues towards the Society by 17 Feb 99. What transpired at the hearing before the RCS is vividly recorded in RCS’s Order No. Reader/RCS/99/967-972 dated 19 Feb 99 (copy available) and expulsion of Shri Anil Sharma was approved.
3. There are no records to suggest that post-expulsion the amount deposited by Shri Anil Sharma along with share money was refunded to him by the MC (Shri Subhash Bhargava, the then President, Shri Madan Sharma, the then Secretary & Shri H. S. Monga, the then Treasurer). According to Shri Anil Sharma, he has misplaced/lost the share certificate issued to him. The counterfoil of the share certificate is not available in records held by the Society and has not been handed over to the present MC.
4. After his expulsion, Shri Anil Sharma deposited Cheque No. 703978 dated 18.02.99 for Rs. 7, 59,937/- with this Society. The Society informed the Registrar about receipt of the cheque from Shri Anil Sharma and sought his permission to accept the payment and to allow Shri Anil Sharma to continue his membership with the Society vide letter No.DIN/17/98 dated 24 Feb 99 (copy available). Thereafter, the Society returned the Cheque for Rs.7,59,937/- to Shri Anil Sharma vide letter No. DIN/17/99, dated 05 Mar 99 (copy available) stating “under the directives of RCS”. The directive of the RCS is not available in the records handed over to the present MC.
5. It is not clear as to how and under what compulsion the Society accepted the cheque from Shri Anil Sharma and Receipt No. 3887 dated 15 Mar 99 for the amount was issued to him by then Secretary Shri Madan Sharma. He was allowed to retain his original membership number (435), thereby restoring status quo as existed prior to his expulsion from the Society. The issue of reinstatement of Shri Anil Sharma is not reflected in any GBM / MC minutes available with the Society.
6. On 22 Feb 05, a certificate was issued by Shri M. K. Negi, the then Secretary, to Shri Anil Sharma stating that he had been given possession of Flat No 38 on 20 Sep 2000. There is no record of possession of flat No 38 ever being handed over to Shri Anil Sharma on 20 Sep 2000. It is not clear from the files as to when the keys to Flat No. 38 were handed over to Shri Anil Sharma and who had handed over the keys. This has been done without clearance from RCS and without following the due process of draw of lots.
7. On 29 July 2006, Shri Y. S. Mathur, then Secretary, reissued the certificate given by Shri M K Negi to Shri Anil Sharma. Shri Y S Mathur also issued NOC and other relevant papers to Shri Anil Sharma for applying to DDA for conversion of Flat No 38 from lease hold to free hold.
8. On 25 Feb 09, in the presence of Shri Anil Sharma and Col Jagdish Madan, Present Secretary Din Society, the RCS termed this an illegal act on part of the Society wherein legal action can be taken against the MC responsible. The possession of Flat No. 38, according to the RCS, is illegal occupation of the Society’s property by Shri Anil Sharma.
9. After conclusion of interaction with the RCS, Shri Anil Sharma and the Secretary visited the flat and the same was found vacant and in original condition i.e. it contained no belongings of Shri Anil Sharma and no modification has been done. Also present on the spot were S/Shri N. N. Srivastava, S. Janardhanam & Suresh Srivastava, who are members of Din CGHS Ltd.
10. Shri Anil Sharma is claiming that the flat was in his possession and it should be handed over to him. He has also put his lock on the flat.
In view of foregoing, the RCS has been requested to advise on status of Shri Anil Sharma’s membership and if possession of Flat No 38 can be handed over to him. Shri Anil Sharma has been paying maintenance and electricity charges as per records handed over to the present MC.
1. Shri Anil Sharma, Membership No.435 who became a member of the Society on 09 Nov. 1995, was not included in the draw of lots held by the DDA, under supervision of the Registrar Cooperative Societies (RCS) on 04 Oct 1998, for having defaulted on payments to the Society. Ample opportunity was given to Shri Anil Sharma to clear his dues but the Society received no response from him.
2. The Society approached the RCS with the request to expel Shri Anil Sharma from the Society vide letter No. DIN/17/EXPULSION/98 dated 26 Nov 98. Final Notice for him and the other defaulters to clear their respective dues was also published in newspapers dated 9 Nov 98 (copies available in Office). The RCS too, had given him a final opportunity to explain his cause by appearing before him on 15 Dec 98 at 3 P.M. failing which his expulsion would be approved. He was instructed through Smt. Omwati Sharma, who had represented him, to clear all dues towards the Society by 17 Feb 99. What transpired at the hearing before the RCS is vividly recorded in RCS’s Order No. Reader/RCS/99/967-972 dated 19 Feb 99 (copy available) and expulsion of Shri Anil Sharma was approved.
3. There are no records to suggest that post-expulsion the amount deposited by Shri Anil Sharma along with share money was refunded to him by the MC (Shri Subhash Bhargava, the then President, Shri Madan Sharma, the then Secretary & Shri H. S. Monga, the then Treasurer). According to Shri Anil Sharma, he has misplaced/lost the share certificate issued to him. The counterfoil of the share certificate is not available in records held by the Society and has not been handed over to the present MC.
4. After his expulsion, Shri Anil Sharma deposited Cheque No. 703978 dated 18.02.99 for Rs. 7, 59,937/- with this Society. The Society informed the Registrar about receipt of the cheque from Shri Anil Sharma and sought his permission to accept the payment and to allow Shri Anil Sharma to continue his membership with the Society vide letter No.DIN/17/98 dated 24 Feb 99 (copy available). Thereafter, the Society returned the Cheque for Rs.7,59,937/- to Shri Anil Sharma vide letter No. DIN/17/99, dated 05 Mar 99 (copy available) stating “under the directives of RCS”. The directive of the RCS is not available in the records handed over to the present MC.
5. It is not clear as to how and under what compulsion the Society accepted the cheque from Shri Anil Sharma and Receipt No. 3887 dated 15 Mar 99 for the amount was issued to him by then Secretary Shri Madan Sharma. He was allowed to retain his original membership number (435), thereby restoring status quo as existed prior to his expulsion from the Society. The issue of reinstatement of Shri Anil Sharma is not reflected in any GBM / MC minutes available with the Society.
6. On 22 Feb 05, a certificate was issued by Shri M. K. Negi, the then Secretary, to Shri Anil Sharma stating that he had been given possession of Flat No 38 on 20 Sep 2000. There is no record of possession of flat No 38 ever being handed over to Shri Anil Sharma on 20 Sep 2000. It is not clear from the files as to when the keys to Flat No. 38 were handed over to Shri Anil Sharma and who had handed over the keys. This has been done without clearance from RCS and without following the due process of draw of lots.
7. On 29 July 2006, Shri Y. S. Mathur, then Secretary, reissued the certificate given by Shri M K Negi to Shri Anil Sharma. Shri Y S Mathur also issued NOC and other relevant papers to Shri Anil Sharma for applying to DDA for conversion of Flat No 38 from lease hold to free hold.
8. On 25 Feb 09, in the presence of Shri Anil Sharma and Col Jagdish Madan, Present Secretary Din Society, the RCS termed this an illegal act on part of the Society wherein legal action can be taken against the MC responsible. The possession of Flat No. 38, according to the RCS, is illegal occupation of the Society’s property by Shri Anil Sharma.
9. After conclusion of interaction with the RCS, Shri Anil Sharma and the Secretary visited the flat and the same was found vacant and in original condition i.e. it contained no belongings of Shri Anil Sharma and no modification has been done. Also present on the spot were S/Shri N. N. Srivastava, S. Janardhanam & Suresh Srivastava, who are members of Din CGHS Ltd.
10. Shri Anil Sharma is claiming that the flat was in his possession and it should be handed over to him. He has also put his lock on the flat.
In view of foregoing, the RCS has been requested to advise on status of Shri Anil Sharma’s membership and if possession of Flat No 38 can be handed over to him. Shri Anil Sharma has been paying maintenance and electricity charges as per records handed over to the present MC.
