Wednesday, July 22, 2009

RANA CASE HEARING IN HIGH COURT

No hearing could take place in the High Court on 23rd and 27th Jul 2009. The next date of hearing has been scheduled for 03 Nov 2009.

SETTLEMENT OF JEETRAJ SETHI CASE

1. Case in a nut shell

(a) Smt. Kamlesh Sethi became a member of Din CGHS Ltd. on 02.07.95 and was allotted membership No. 429.
(b) Upto 4th Oct. 1998, she had paid only Rs.5,50,000/- towards cost of the flat.
(c ) Since she had not paid the qualified amount by the date of draw of lots, numerous reminders were sent to her for payment of her dues.
(d) Failing to get any positive response from her, the Society took up a case with the Registrar Cooperative Societies (RCS) for her expulsion.
(e) Following due process of law, the RCS approved her expulsion from the Society on 19.2.1999.
(f) She had nominated Shri Harsh Sethi, her son, as her nominee and the record was held in the Society office.
(g) Unfortunately, Smt. Sethi expired on 06.01.02.
(h) Shri Jeet Raj Sethi husband of Smt. Kamlesh Sethi staked a claim to the amount of Rs.5,50,000/- deposited by her.
(i) The then MC refused to acknowledge the fact that Smt. Kamlesh Sethi had named any nominee and denied holding any record to that effect. The then MC declined to make the requisite refund either to Shri Jeet Raj Sethi or to her nominee.
(j) Shri Jeet Raj Sethi approached the District Consumer Disputes Redressal Forum for recovery of the amount.
(k) On 25.02.08 the District Consumer Disputes Redressal Forum ordered that the legal representative of deceased Smt. Kamlesh Sethi is entitled to withdraw the amount of Rs.5,50,000/- together with an interest of 9 % p.a. from the date of deposit to the date of realization.
(l) The then MC concealed this fact from the members and appealed against the order in State Consumer Disputes Redressal Commission.
2. Current Status of the Case
(a) The present MC, guided purely by the Society’s moral obligation to a deceased member, particularly one who had declared her nominee and record to this effect was available in the Society office, saw no merit in continuing with the case.
(b) Accordingly, an Agreement for ‘out of court’ settlement with Shri Jeet Raj Sethi was arrived at on 30.05.2009. The terms of the Agreement are listed below: -
(i) That Shri Jeet Raj Sethi, father of the nominee, Shri Harsh Sethi will receive Rs.5,50,000/- without interest.
(ii) That neither Shri Jeet Raj Sethi nor any other legal heirs will put their claim on the basis of membership No.429 against the Society in any manner.
(iii) Indemnity Bond indemnifying the Society from consequences of this Agreement was obtained.
(iv) Shri Harsh Sethi, the legal nominee of the deceased Kamlesh Sethi had rendered a no objection certificate as well as executed a Special Power of Attorney in favour of his father Shri Jeet Raj Sethi.
(v) The amount of Rs.5,50,000/- due from the Society to late Smt. Kamlesh Sethi is being paid to Shri Jeet Raj Sethi in the following manner:-

(aa) First installment of Rs.2,00,000/- (Rupees two lakhs only) by 31st July 2009.

(ab)Second installment of Rs.1,00,000/- (Rupees one lakh only) by 26th October 2009.

(ac)Third installment of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) by 30th November 2009.

(ad)Fourth and final installment of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) by 31st December 2009.

Notes:
(1) Relevant papers have been filed in the District Consumers Disputes Redressal Forum and the State Consumers Disputes Redressal Commission for withdrawal of existing cases / closing the same.
(2) The case has been fought for years wasting members’ hard earned money without any valid reason.

(3) Undue harrasement to family of aa deceased member has been caused for no apparent reason.


Monday, July 6, 2009

PROCEDURE FOR BUYING A FLAT IN DIN CGHS LTD

EXTREME SHORTAGE OF WATER

Of late Dwarka has been plagued by an extreme shortage of water, wherein the Delhi Jal Board (DJB) has been releasing water to the DDA at a rate much below the normal. A liaison with DDA revealed that the problem is common to all Societies. In fact, this Society is slightly better off since we have a water reservoir of sufficient capacity to support the number of flats occupied.

There is an urgent need to conserve this precious commodity at the level of members/residents. Various measures towards this end have been notified from time to time. However, implementation of these measures has been less than desirable. The measures outlined are reproduced below for explicit compliance: -

(a) Drinking water from syntax tanks not to be used for any other purpose.
(b) Washing of floors is not permitted.
(c) Flower pots are not to be maintained in common areas by individual members / residents.
(d) Washing of cars is banned.
(e) Inside premises must only be cleaned by wet sweeps and no washing of floors is permitted.
(f) Coolers should not be allowed to overflow.

In view of the foregoing, members and residents are requested to kindly cooperate with the Management to conserve water. A violation of measures enumerated abid will invite a penalty of Rs 100/- on the first occasion and the penalty amount will be doubled on subsequent occasions.

Sunday, July 5, 2009

DDA NOTICE & OUR REPLY



REPLY BY THE SOCIETY
No.DIN/DDA/2009 03rd July 2009.

The Joint Director (L&I),
Building Section,
Delhi Development Authority,
C-1, 1st Floor, Vikas Sadan,
I.N.A., New Delhi-110023.

Reply to Show Cause Notice No. F.23(33)/95/Bldg./18 dated 18/06/09, under
Section 30(1) and 31-(A) of DDA Act for and on behalf of the Society.

Dear Sir,

Please refer to your Show Cause Notice No. No. F.23(33)/95/Bldg./18 dated 18/06/09.

2. In this connection your attention is also invited to the following: -

(i) DDA letter No 23 (33) 95 / Bldg dated 9.9.1996 sanctioning the building plans of DIN CGHS Ltd; wherein proposed FAR is 132.92 % against a permitted FAR of 133 %.

(ii) Federation of Cooperative Group Housing Societies – Dwarka Ltd (Regn No 2/FED/GH/SW) letter dated 05 Oct 2006. (Copy Attached).

(iii) Federation of Cooperative Group Housing Societies – Dwarka Ltd (Regn No 2/FED/ GH/ SW) letter dated 12 Nov 2007. (Copy Attached).

3. The matter has been considered by the Managing Committee of Din C. G. H. S. Ltd. and our reply to the Show Cause Notice is as under: -

(1) The Society provided smaller balconies for the purpose of maintaining coolers etc. The balconies were covered in the sanctioned FAR and measured only 10.13 Sqm (Certificate of Architect Attached) and their inclusion within the flats may not constitute an unauthorized development as inferred by the DDA.

(2) In any case, even after covering of the balconies by some flat owners, the members have not exceeded the permitted FAR as on date. In addition, it may kindly be noted that there is no structural alteration to the approved building plan.

(3) The FAR inclusive of balconies area is much less than that permitted as on date, i.e. 166. It is pertinent to mention that the DDA has already allowed coverage of balconies and various extensions in case of DDA flats in the Capital and it is expected that similar relaxation is allowed to flat owners of Group Housing Societies.

(4) The Architect (M/s B. D. Arora) has not provided the copies of documents submitted by him for completion certificate and as such our submission is based on sanctioned plan. We request to provide us a copy of all the documents submitted by the Architect to enable us to get the same reviewed by another Architect. We are ready to pay the relevant charges for such copies.

In view of the foregoing, you are requested to take a considered view and withdraw the notice issued to the Society.
FOLLOW UP ACTION
1. Ref DDA Notice No.F.23(33)/95/Bldg./18 dated 18 Jun 2009 and this office letter No. DIN/DDDA/2009 dated 03 July 2009 in response there-of.

2. Mr VS Nagar and Col Jagdish Madan, Retd had gone to the DDA office to appear before Mr AK Manna, Dir L & I at 1500 hrs on 09 Jul 2009. It was explained to him that no member of the Society had extended the balconies and no structural tampering had taken place in the Society. The balconies in the Society flats were already covered and a few members had just closed the openings with glass supported by light wooden / aluminum frames.

3. The Dir L & I accepted our version and assured us of all help. He said there were two options before the Society: -

(a) Option 1. The Society can apply for a revised approval of building plans. In that case, the Society will have to pay 1 % of the construction cost as per audit report reflecting the same to the DDA as labour cess. The application for revised approval must accompany a fresh building plan which shows the covered balconies in the FAR.

(b) Option 2. The Society can apply for a ‘Completion Certificate’ with revised building plans to cover an FAR upto 167 sqm. In that case, covering of the balconies will automatically get included. In addition, the Society will also get the sanction for extension of existing balconies / construction of new ones upto the additional area sanctioned. The present sanctioned FAR is 133 sqm.

Note: We have to choose either option and apply for DDA approval before 09 Sep 2009 i.e. within 60 days.


4. The Dir L & I also said that a proposal to accord sanction to CGHSs to cover the existing balconies is already pending with the Ministry of Urban Development. However, obtaining a completion certificate is mandatory for all Coop societies and we cannot delay this any further. Documents required to accompany the application for a Completion Certificate are appended below:-

(a) Processing fee of Re. 1/- per sq. meter of construction. (87.89 x 166)
(b) The certificate by the Society and Architect/Engineer/Supervisor for Appendix B-3 (Building Bye Laws No. 7.5.2); (in duplicate – both original)
(c) DUAC Planning Proforma (in duplicate – both original) for Completion Certificate by Architect.
(d) Two sets of building photographs (coloured) (in size of 8”x10”).
(e) Two sets of model photographs (coloured) (in size of 8”x10”).
(f) External Finish Certificate (in duplicate)
(g) Certificate regarding deviations from the Architect (in duplicate)
(h) One set of attested copies of sanctioned plan.
(i) Two sets of completion plans.
(j) Copies of sanction for water/sewer plans.

5. Upon being informed that the Society’s Architect had passed away, we were told that following additional documents will be required in that case:-

(a) GBM Resolution appointing another Architect.
(b) GBM Resolution of the present MC office bearers.
(c) Copy of appointment letter of the Architect signed by authorized signatory on Society’s letter head.
(d) Copy of valid lift licenses for all the lifts.

6. Before submitting application for completion certificate to the DDA, the Society must install Day/Night marking atop each residential tower. A photograph of the same has to accompany the application.

7. S.S. & Associates, an Architects & Engineers firm in Dwarka dealing with completion certificate for Cooperative Societies will be visiting for the purpose on Sunday, the 12th July 2009. Contact details are as under:-

Address C-8/155, Sector 17, Dwarka, New Delhi-110075.
Cell # 9810962934,
Email :
anilshekhar71@gmail.com

EXPENDITURE FOR THE MONTH OF JUN 2009

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

(a) Electricity expenses for common area during May 09. Rs. 28,246/-*
(b) Diesel for generator Rs. 9,000/-
(c) 15 Ltrs. Engine Oil for generator Rs. 2,470/-
(d) Security Bill for May 2009 & 16 days of June 09 Rs. 50,357/-
(e) MTNL/Airtel telephone bill Rs. 777/-
(f) Salary for Society’s employees Rs. *25,108/-
(g) Advance to Shri Narayan (deducable Rs.1000/- p.m.) Rs. 5,000/-
(h) Overtime paid @ Rs 400/- each Rs. 1,600/-

(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(vi) Shri Ram Kishan
(i) Magazine for Library Rs. 563/-
(j) Membership fee of Federation of CGHS Ltd. Rs. 1,000/-
(k) Audit fee paid to RCS @ Re.1/- per flat Rs. 160/-
(l) Late fee for submission of Audit papers to RCS Rs. 1,000/-
(m) Cost levied by Hon’ble Judge in Case of Om Prakash) Rs. 1,500/-
(n) Electrical spares for the Society. Rs. 6,617/-
(o) Repair/Rewinding of all the three water pumps Rs. 5,209/-
(p) Conveyance to staff Rs. 65/-
(q) Six Tumblers purchased for Society Rs. 90/-
(r) Trash Removal charges (MCD) Rs. 500/-
(s) Postage Rs. 218/-
(t) Photocopy charges Rs. 97/-
(u) Stationery for office. Rs. 165/-
(v) Pepsi in connection with MC meeting Rs. 55/-
(w) Battery Cell for Electrician Torch Rs. 60/-
(x) Labour charges for broke open the lock of office rack Rs. 120/-
------------------
Total Expenditure: Rs. 1,39,977/-
------------------
2. Amount Received:
(1) Maintenance/BMF (including recoveries) Rs 1,26,600/-
(2) Water Charges Rs 7,050/-
(3) Chand Case Rs 40,000/-
(4) Ground Rent Rs 2,935/-
(5) Other recoveries. Rs 5,340/-
-----------------
Total Receipt: Rs. 1,81,925/-
-----------------

* Total electricity bill for the month Rs. 3,03,941/-

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.



CHANGE OF SECURITY AND CLEANING AGENCY

EXPENDITURE FOR THE MONTH OF MAY 2009

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

(a) Electricity expenses for common area during April 09. Rs. 37,585/-*
(b) Diesel for generator Rs. 7,700/-
(c) Security Bill for April 2009 Rs. 36,509/-
(d) MTNL/Airtel telephone bill Rs. 664/-
(e) AMC for Generator for the quarter April to June 09 Rs. 5,515/-
(f) Salary for Society’s employees Rs. 22,850/-
(g) Overtime paid @ Rs 400/- each Rs. 1,600/-

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

(h) Water Charges for the period 2/5/09 to 24/1/09 Rs. 24,866/-
(i) Auditors Fee for audit for the year ending 31.3.2008 Rs. 9,759/-
(j) Tea for auditor Rs. 12/-
(k) Magazine for Library Rs. 589/-
(l) Advocate Bill Rs. 56,000/-
(In case of M/s Rana Construction Co.)
(m) Labour charges with material to Gobindi for painting Rs. 1,500/-
TT Room.
(n) Conveyance to staff Rs. 600/-
(o) Formatting & Cartridge for computer Rs. 3,262/-
(p) Trash Removal charges(MCD) Rs. 500/-
(q) Postage Rs. 195/-
(r) Photocopy charges Rs. 253/-
(q) Stationery (MC Minutes Register) Rs. 85/-
(t) Painting & Repair of Cooler for office Rs. 525/-
(u) Electric wire and other items for TT Room Rs. 85/-
(v) Battery Cell for Electrician Torch Rs. 60/-
(w) Guard Room’s Fans repair Rs. 625/-
(x) Gas for Guard Room for the month of April & May Rs. 400/-
------------------
Total Expenditure: Rs. 2,11,739/-
------------------

2. Amount Received:

(1) Maintenance (including recoveries) Rs 94,600/-
(2) Water Charges Rs 7,200/-
(3) Chand Case Rs 10,000/-
(4) Ground Rent Rs 8,805/-
(5) Other recoveries. Rs 8,805/-
-----------------
Total Receipt: Rs. 1,29,410/-
-----------------
* Total electricity bill for the month Rs. 2,03,655/-


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.

5. The delay in displaying the accounts is regretted.