Brig Rakesh Goel, Retd has taken over charge of the post of Secretary with effect from 29 Apr 2010. The MC thanked Dr Jayini A Shekher for the excellent work done by her as Secretary between 30 Jan 2010 and 28 Apr 2010.
This Blog was created to provide members of DIN Cooperative Group Housing Society in Dwarka New Delhi, the basic information about the Society and its affairs. The information is by no means exhaustive and efforts to update it continue. We endeavor to usher in transparency and make information accessible to all members. Any comments / suggestions / corrections to the Blog are most welcome.
Friday, April 30, 2010
ANIL SHARMA: CRIMINAL CASE
SHRI VK SHARMA: CRIMINAL CASE NO. 141/1/09 BEFORE SHRI SANJAY JINDAL, ACMM - I, DWARKA COURTS
1. VK Sharma’s Version.
(a) Shri VK Sharma brother of Anil Sharma filed a criminal case in the Court of Shri Sanjay Jindal, ACMM-I, against the office bearers of the present Management Committee (MC) on 10.07.2009.
(b) According to VK Sharma, Flat No. 38 was allotted to Anil Kumar Sharma and the possession of the flat was given to the latter on 20.09.2000 and he had put his lock on the flat.
( c) On 02.11.2008, Col Jagdish Madan, the then Secretary issued a ‘NO OBJECTION CERTIFICATE ‘ (NOC) to Anil Sharma.
(d) On 17.02.2009, Anil Sharma was informed that he was an expelled member. He visited his flat on 25.02.2009 and found his flat locked and upon enquiry came to know that the lock was put by Col Jagdish Madan and connivance with other office bearers of the Society.
(e) Shri MK Negi deposed before Shri Sanjay Jindal, ACMM-I, stating that Anil Kumar Sharma was allotted a flat with Membership No. 435 in Din CGHS Ltd and physical and vacant possession of Flat No. 38 was given to Anil Kumar Sharma on 20.09.2000 and the flat has been in possession of Anil Kumar Sharma since then.
(f) Shri Vinod Kumar, LDC of the RCS’s office also deposed before Shri Sanjay Jindal that as per records Anil Kumar Sharma was a member, vide Membership No.435 in Din CGHS Ltd
(g) Based on above depositions, Shri Sanjay Jindal, ACMM-I concluded that there are grounds to assume that Anil Kumar Sharma has been wrongfully restrained from entering into his own flat and act of putting lock on the flat tantamount to house tress pass. He held Shri AK Malpani and Col Jagdish Madan responsible for this act.
2. Plea. The present office bearers of the Society may be summoned, tried and punished in accordance with law.
(a) Shri VK Sharma brother of Anil Sharma filed a criminal case in the Court of Shri Sanjay Jindal, ACMM-I, against the office bearers of the present Management Committee (MC) on 10.07.2009.
(b) According to VK Sharma, Flat No. 38 was allotted to Anil Kumar Sharma and the possession of the flat was given to the latter on 20.09.2000 and he had put his lock on the flat.
( c) On 02.11.2008, Col Jagdish Madan, the then Secretary issued a ‘NO OBJECTION CERTIFICATE ‘ (NOC) to Anil Sharma.
(d) On 17.02.2009, Anil Sharma was informed that he was an expelled member. He visited his flat on 25.02.2009 and found his flat locked and upon enquiry came to know that the lock was put by Col Jagdish Madan and connivance with other office bearers of the Society.
(e) Shri MK Negi deposed before Shri Sanjay Jindal, ACMM-I, stating that Anil Kumar Sharma was allotted a flat with Membership No. 435 in Din CGHS Ltd and physical and vacant possession of Flat No. 38 was given to Anil Kumar Sharma on 20.09.2000 and the flat has been in possession of Anil Kumar Sharma since then.
(f) Shri Vinod Kumar, LDC of the RCS’s office also deposed before Shri Sanjay Jindal that as per records Anil Kumar Sharma was a member, vide Membership No.435 in Din CGHS Ltd
(g) Based on above depositions, Shri Sanjay Jindal, ACMM-I concluded that there are grounds to assume that Anil Kumar Sharma has been wrongfully restrained from entering into his own flat and act of putting lock on the flat tantamount to house tress pass. He held Shri AK Malpani and Col Jagdish Madan responsible for this act.
2. Plea. The present office bearers of the Society may be summoned, tried and punished in accordance with law.
3. The Society’s Stand.
(a) No written statement has been filed in the Court of Shri Sanjay Jindal, ACMM-I.
(b) The Society has filed a revision petition in the Court of Shri NK Kaushik, District and Sessions Judge, Dwarka against the summoning order dated 25.01.20010 issued by Shri Sanjay Jindal, ACMM-I to Shri AK Malpani, President and Col Jagdish Madan, ex-Secretary.
( c) VK Sharma filed CC No. 141/1/09 against office bearers of Din CGHS Ltd by concealing material facts.
(d) The Trial Court summoned Shri AK Malpani and Col Jagdish Madan under section 341 / 442 / 34 of IPC on mere presumption.
(e) The Trial Court erred in holding that Anil Kumar Sharma was ever put in possession of Flat No. 38 since he did not bring on record the letter of handing over of possession and letter of allotment.
(f) VK Sharma’s contention that he had heard regarding putting of lock by Col Jagdish Madan on the door of Flat No. 38 is hearsay evidence.
(g) The ‘Possession Certificate’ issued by Shri MK Negi, ex-Secretary on 22.02.2005 has no basis and is a forged letter prepared by Anil Kumar Sharma being in collusion with Shri MK Negi to cheat the Society.
(h) The Trial Court failed to observe that an expelled member can never be allotted flat and put in possession of flat till his expulsion stands.
(i) The Trial Court failed to observe that Shri MK Negi has categorically stated in his statement that he was elected as Secretary in January 2001 for a period of three years as per CGHS Rules. Therefore, he could not have issued any Possession Certificate dated 22.02.2005 in the capacity of Secretary, which letter, however, does not prove handing over possession of the flat to Anil Kumar Sharma.
(j) Shri MK Negi has brought nothing on record from where he has verified the fact that Anil Kumar Sharma has been in possession of Flat No. 38.
(k) Anil Kumar Sharma has himself admitted that he was expelled and that issue is pending disposal before the learned Financial Commissioner, Delhi.
(l) The office bearers of the Society cannot be made to succumb to the pressure tactics to put Anil Kumar Sharma in possession of Flat No. 38 which was never allotted to him.
(m) As per DCS Act, expelled members have no right except to claim their money back. Any decision / act of the General Body of the Society contrary to the said Act amounts to illegal act, which has no sanctity in the eyes of the law.
(a) No written statement has been filed in the Court of Shri Sanjay Jindal, ACMM-I.
(b) The Society has filed a revision petition in the Court of Shri NK Kaushik, District and Sessions Judge, Dwarka against the summoning order dated 25.01.20010 issued by Shri Sanjay Jindal, ACMM-I to Shri AK Malpani, President and Col Jagdish Madan, ex-Secretary.
( c) VK Sharma filed CC No. 141/1/09 against office bearers of Din CGHS Ltd by concealing material facts.
(d) The Trial Court summoned Shri AK Malpani and Col Jagdish Madan under section 341 / 442 / 34 of IPC on mere presumption.
(e) The Trial Court erred in holding that Anil Kumar Sharma was ever put in possession of Flat No. 38 since he did not bring on record the letter of handing over of possession and letter of allotment.
(f) VK Sharma’s contention that he had heard regarding putting of lock by Col Jagdish Madan on the door of Flat No. 38 is hearsay evidence.
(g) The ‘Possession Certificate’ issued by Shri MK Negi, ex-Secretary on 22.02.2005 has no basis and is a forged letter prepared by Anil Kumar Sharma being in collusion with Shri MK Negi to cheat the Society.
(h) The Trial Court failed to observe that an expelled member can never be allotted flat and put in possession of flat till his expulsion stands.
(i) The Trial Court failed to observe that Shri MK Negi has categorically stated in his statement that he was elected as Secretary in January 2001 for a period of three years as per CGHS Rules. Therefore, he could not have issued any Possession Certificate dated 22.02.2005 in the capacity of Secretary, which letter, however, does not prove handing over possession of the flat to Anil Kumar Sharma.
(j) Shri MK Negi has brought nothing on record from where he has verified the fact that Anil Kumar Sharma has been in possession of Flat No. 38.
(k) Anil Kumar Sharma has himself admitted that he was expelled and that issue is pending disposal before the learned Financial Commissioner, Delhi.
(l) The office bearers of the Society cannot be made to succumb to the pressure tactics to put Anil Kumar Sharma in possession of Flat No. 38 which was never allotted to him.
(m) As per DCS Act, expelled members have no right except to claim their money back. Any decision / act of the General Body of the Society contrary to the said Act amounts to illegal act, which has no sanctity in the eyes of the law.
ANIL SHARMA: CIVIL SUIT BEFORE THE FINANCIAL COMMISSIONER
1. Anil Sharma’s Version.
(a) He was enrolled as a member of the Society on 9th Nov 1995 with Membership No. 435.
(b) He was allotted Flat No 38 and given possession on 20 Sep 2000.
(c) He was expelled by the RCS without following due process of law u/r 36 on 19 Feb 1999. He was not given any opportunity to be heard.
(d) The proposal for his expulsion was forwarded to the RCS without giving him any of the three mandatory notices by the Society.
(e) His expulsion from the Society was not conveyed to him until 07 Jul 2009; that too as a reply to his RTI query to the RCS.
(f) The MC, in its meeting held on 19 Feb 1999, allowed Anil Sharma to continue as a member with his old Membership No. 435 after he cleared his dues on 18 Feb 1999.
(g) The present MC has no power to over rule the decision of the earloier MC and intends to allot the flat to someone else at under hand premium.
(h) The RCS is fully empowered to sanction the re-admission of an expelled member.
(i) Anil Sharma’s name is included in the list of members even after the ‘expulsion order’.
(j) He has been paying maintenance dues regularly to the Society.
(k) He has been receiving GBM notices from the Society.
(l) He was allotted Flat No. 38 when the Society conducted a draw of lot for 24 other members.
(m) The present MC has illegally locked the flat
2. Plea
(a) Expulsion order of the RCS dated 19 Feb 1999 be set aside and Anil Sharma be declared a valid member of the Society.
(b) The Society be directed to remove the lock from Flat No. 38.
(c) The Society be held liable to pay Rs 15,000/- per month from Feb 2009 till the flat is unlocked.
(d) The original record and the case file of expulsion bearing No. Reader/RCS/1999 may be requisitioned.
(e) Any other relief.
The Society’s Stand
(a) He was enrolled as a member of the Society on 9th Nov 1995 with Membership No. 435.
(b) He was allotted Flat No 38 and given possession on 20 Sep 2000.
(c) He was expelled by the RCS without following due process of law u/r 36 on 19 Feb 1999. He was not given any opportunity to be heard.
(d) The proposal for his expulsion was forwarded to the RCS without giving him any of the three mandatory notices by the Society.
(e) His expulsion from the Society was not conveyed to him until 07 Jul 2009; that too as a reply to his RTI query to the RCS.
(f) The MC, in its meeting held on 19 Feb 1999, allowed Anil Sharma to continue as a member with his old Membership No. 435 after he cleared his dues on 18 Feb 1999.
(g) The present MC has no power to over rule the decision of the earloier MC and intends to allot the flat to someone else at under hand premium.
(h) The RCS is fully empowered to sanction the re-admission of an expelled member.
(i) Anil Sharma’s name is included in the list of members even after the ‘expulsion order’.
(j) He has been paying maintenance dues regularly to the Society.
(k) He has been receiving GBM notices from the Society.
(l) He was allotted Flat No. 38 when the Society conducted a draw of lot for 24 other members.
(m) The present MC has illegally locked the flat
2. Plea
(a) Expulsion order of the RCS dated 19 Feb 1999 be set aside and Anil Sharma be declared a valid member of the Society.
(b) The Society be directed to remove the lock from Flat No. 38.
(c) The Society be held liable to pay Rs 15,000/- per month from Feb 2009 till the flat is unlocked.
(d) The original record and the case file of expulsion bearing No. Reader/RCS/1999 may be requisitioned.
(e) Any other relief.
The Society’s Stand
Sunday, April 4, 2010
Thursday, April 1, 2010
EXPENDITURE FOR THE MONTH OF MARCH 2010
1. Expenditure / Cash Outgo from 1st to 31st March 2010
(a) Electricity expenses for common area during February 2010 Rs. 35,620/-*
(b) Return of SB of Indore Loan amount Rs. 32,000/-
(c) Provision of Shed on DG Set for Rs.31,000/- (3rd installment) Rs. 5,000/-
(d) Diesel Rs. 2,000/-
(e) Security Bill for February 2010 Rs. 45,223/-
(f) Gas for Guard Room Rs. 200/-
(g) MTNL/Airtel telephone bill Rs. 821/-
(h) AMC for Electric Sub Station (From 01/01/10 to 31/03/10) Rs. 5,515/-
(i) Electrical spares for Society Rs. 4,795/-
(j) Payment of fee for lift license Rs. 3,090/-
(k) Ground water testing fee Rs. 2,015/-
(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
(i) Shri Narayan
(ii) Shri Gauri Shankar
(iii) Shri Sharad
(iv) Shri Ram Kishan
(n) Insurance premium for Society’s employees Rs. 8,317/-
(n) Insurance premium for Society’s employees Rs. 8,317/-
(o) Cleaning material for the Society. Rs. 732/-
(p) Conveyance to staff Rs. 1,071/-
(q) Trash Removal charges (MCD) Rs. 500/-
(r) Postage Rs. 639/-
(s) Photocopy charges Rs. 129/-
(t) Basic building / plumbing / electrical plans & drawings of our
Society. DDA File No. F.23(33)95/Bldg photocopied
(294 pages). Rs. 2,500/-
Society. DDA File No. F.23(33)95/Bldg photocopied
(294 pages). Rs. 2,500/-
(u) Stationery (Pen, refills & one ream of photocopy paper) Rs. 190/-
(v) Battery Cells for Guard etc. Rs. 100/-
(w) Part payment for Power Back-up Rs. 37,500/-
(x) Repair of Sr. Citizen Room, Intercom Room exhaust
Fan Motor rewinding, office fan Rs. 1,222/-
Fan Motor rewinding, office fan Rs. 1,222/-
(y) Repair of drive way in front of main gate Rs. 2,500/-
(z) Purchase of Bi-cycle for office use Rs. 2,860/-
(aa) Purchase of Pipe (35 Mtrs) for watering the Garden Rs. 1,575/-
(ab) Refund of Car Parking Space deposit to Smt Manju
Nangia & Smt HK Anand; one lakh each Rs.2,00,000/-
------------------
Total Expenditure: Rs.4,19,414/-
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Nangia & Smt HK Anand; one lakh each Rs.2,00,000/-
------------------
Total Expenditure: Rs.4,19,414/-
------------------
2. Amount Received:
(1) Maintenance/Building Maintenance Fund Rs 1,34,400/-
(1) Maintenance/Building Maintenance Fund Rs 1,34,400/-
(2) Water Charges Rs 8,470/-
(3) Ground Rent Rs 5,870/-
(4) DDA Architect’s fee (Completion Certificate) Rs. 12,000/-
(5) Generator Fund Rs. 31,800/-
(6) Power Back up Rs. 4,000/-
(7) Shifting Charges Rs. 3,000/-
(8) Misc. Income Rs. 4,000/-
(9) Late Fee Rs. 1,760/-
(10) Car Parking Deposit & Charges Rs. 1,00,200/-
(11) Membership Transfer fee Rs. 500/-
(12) Share money & Admission fee of Pramod Thorat Rs 110/-
-----------------
Total Receipt: Rs. 3,06,110/-
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Total Receipt: Rs. 3,06,110/-
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* Total electricity bill for the month Rs. 1,49,498/-
3. Members desirous of checking details are welcome to the Society’s office and check the 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.
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