Monday, May 3, 2010

AMRIT KAUR CASE: FLAT No. 117

Amrit Kaur’s Version


1. Her nephew, Harjeet Singh Mongia was allotted Flat No. 117 and handed over physical possession of the same by the Society.


2. Physical Possession certificate dated 7.10.2001 signed by MK Negi was issued to him.


3. Harjeet Singh Mongia has been paying all electricity, water, monthly maintenance and yearly ground rent charges demanded by the Society up to end-2005.


4. After Harjeet Singh Mongia died on 18 Jan 2006, Smt Amrit Kaur approached the Society with a request to transfer Harjeet Singh Mongia’s membership to her as she was the nominee of Sh. Harjeet Singh Mongia.


5. She visited the Society many times with the same request but her request was ignored.


6. In Jun 2008, she visited the Society office and was told to deposit Rs. 35, 000/- as this was the amount of dues against Sh. Harjeet Singh Mongia since 2000.


7. She sent a Demand Draft No. 280976 dated 19.7.2008 to the Society to clear all dues of Sh. Harjeet Singh Mongia.


8. She sent a Legal Notice dated 29.7.2009 to the Society through her Counsel Sh CL Sharma demanding handing over of Flat No. 117 within 15 days. The Society failed to comply with Legal Notice.



Amrit Kaur’s Plea


i) Permanent injunction may be passed in favor of Smt Amrit Kaur and the Society be restrained from transferring Flat No. 117 to anyone other than Smt Amrit Kaur.


ii) Direct the Society to transfer Flat No. 117 in the name of Smt Amrit Kaur.



Society’s Version


1. Shri Harjeet Singh Mongia was not allotted any Flat in the draw of lot conducted by the DDA under supervision of the RCS on 04 Oct 1998.


2. Shri Harjeet Singh Mongia obtained a ‘Possession Letter’ for Flat No. 117 by colluding with Mr MK Negi, the then Secretary of the Society.

3. Shri Madan Sharma, the first Sectary unilaterally and illegally allotted Flat No. 161 to Shri Harjeet Singh Mongia vide letter No. DIN / 422/ 99-2000.


4. Mr MK Negi issued allotment and possession letter dated 26 Dec 2001 for Flat No. 117 to Shri Harjeet Singh Mongia without any basis or grounds.

5. Mr MK Negi filed Civil Suit No 680 / 03 against Shri Harjeet Singh Mongia in Tis Hazari Court (File not available) which was dismissed in default on 28 Jan 2009 as no one ever appeared for the Society in the Court.


6. The records held by the Society (Application for Membership, Nomination Form, Member Information Performa appear to be forged.


7. Except for the ‘Possession Letter’ issued by Shri MK Negi, there is no other corroborating proof of Flat No. 117 ever having been handed over to Shri Harjeet Singh Mongia.

8. There is an FIR filed against Shri Harjeet Singh Mongia for embezelment of Society funds.

EXPENDITURE FOR THE MONTH OF APR 2010

1. Expenditure / Cash Outgo from 1st to 30th April 2010:


(a) Electricity expenses for common area during March 2010 Rs. 21,976/-*

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

(c) Paid 4th Installment for DG Shed Rs. 5,000/-

(d) Diesel for DG Rs. 14,000/-

(e) Security Bill for March 2010 Rs. 42,467/-
Tax Deducted at Source for above item Rs. 1,066/-

(f) Repair & Refilling of 57 Fire Extinguishers Rs. 18,000/-

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

(h) MTNL/Airtel telephone bill Rs. 1,011/-

(i) AMC for Lifts (From 01.04.2010 to 30.06.2010) Rs. 58,793/-
Tax Deducted at Source for above item Rs. 1,475/-

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

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

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

(l) Library Bill for two months (February & March 2010) Rs. 1,434/-

(m)Architect Fee Completion Certificate (Part Payment) Rs. 64,192/-
Tax Deducted at Source for above item Rs. 6,400/-

(n) Repair of Cooler in the Office Rs. 605/-

(o) Cleaning material for the Society. Rs. 2,388/-

(p) Refund of amount by draft received from the expelled member Rs. 47,206/-

(q) Draft making charges Rs. 118/-

(r) Professional Fee to Advocate in case of Shri Anil Sharma Rs. 15,000/-
Tax Deducted at Source for above item Rs. 1,650/-

(s) Documentation Charges in Criminal Case filed by Anil Sharma Rs. 600/-

(t) Professional Fee to Advocate in case of Amrit Kaur Vs Din Rs. 9,900/-
Tax Deducted at Source for above item Rs. 1,100/-

(u) Conveyance to staff Rs. 20/-

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

(w) Postage Rs. 128/-

(x) Photocopy charges Rs. 308/-

(y) Stationery (Pen, refills) Rs. 16/-

(z) Cartridge for office printer Rs. 2,350/-

(aa) Battery Cells for Guard etc. Rs. 30/-

(ab) Part payment for Power Back-up Rs. 37,500/-

(ac) Fertilizer and insecticides for lawn Rs. 90/-
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Total Expenditure: Rs.4,13,823/-
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2. Amount Received:


(1) Maintenance/Building Maintenance Fund Rs 2,43,300/-

(2) Water Charges Rs 9,085/-

(3) Ground Rent Rs 16,143/-

(4) DDA Architect’s fee (Completion Certificate) Rs. 16,000/-

(5) Generator Fund Rs. 33,600/-

(6) Power Back up Rs. 2,500/-

(7) Shifting Charges Rs. 7,000/-

(8) Misc. Income Rs. 1,100/-

(9) Late Fee Rs. 1,160/-

(10) Car Parking Charges Rs. 200/-
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Total Receipt: Rs. 3,30,088/-
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* Total electricity bill for the month Rs. 1,83,620/-



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.