State of DIN CGHS Ltd on 1st Dec 2007

Views of Shri NN Srivastava

Letter written by Shri NN Srivastava to the Secretary DIN CGHS Ltd is reproduced below.


The secretary
Din CGHS Ltd


Sir
Please refer to your letter No Din /35/2007/150 dt 18/10/07.

The contents of your letter are shocking and disturbing. The Spl GBM held on 7/10/07 had constituted a Committee to determine the Equalisation money due from the New members which amply established that there are defaulters among the new members and the only job entrusted to the Committee was to determine the amount. Whatever report has been submitted by the Committee, all the members of the Society are entitled to know the contents there of immediately. The Spl GBM has not authorized the Secretary to put the report under carpet till the next GBM if report does not suit the new members.

In the Spl GBM, the dates for submission of report, issue of demand notice to defaulters and receipt of money from defaulters were specified so as to meet the deadline of High Court. Sadly, utter disregard has been shown to the resolutions and efforts are being made to impose distorted interpretation of resolutions on all the members and an escape route has been made for the defaulters. In fact you are jeopardizing their interests for ever.

It would not be out of place to mention that the Management Committee of the Society is a defunct one and has, therefore, no authority to take any major decision on such serious financial issues without the approval of general body. It is now abundantly clear that motto of this defunct Management Committee is to serve the interests of defaulters only and all other members be penalized for their sake. I am sorry to express that we derive an impression that the society has been high jacked and all other members are hostages to dance to their tunes.

In view of the above, it is requested that report of the committee be made known to all members , demand notice be issued to defaulting members and amount due from them be recovered without further delay. Kindly ensure that transparency in this case does not take a back seat.

With regards.

Sd/-
(NN Srivastava)
Mem No 300
Flat No 114
Dt. 23/10/07

Din CGHS in June 2002

DIN's own Musharraf

We, the members of Din Cooperative Group Housing Society Ltd. Dwarka, New Delhi, have been adversely affected by the Hon’ble Court’s order dated 24.03.2007 staying the election of the Managing Committee of the Society. It has brought the democratic system of the Society to a stand still. It is interesting to note that the Secretary of the Society, Mr YS Mathur had prayed to the court to restrain the Society from holding elections and that elections to the Managing Committee be held in abeyance, and, the President, Mr K Subramaniam has stated in writing to the court that the Society has no objections to such a proposal. Needless to say that none of them have considered it prudent to obtain the assent of the General Body before pressing on with the case for getting the elections stayed. Both of them have conveniently concealed from the court the simple fact that they had already completed their term of three years in office way back on 31 May 2005.

When confronted with the situation they have landed the Society in, during the Special General Body Meeting held on 07 Oct 2007, Mr K Subramaniam resorted to the subterfuge that it was the sixteen new members who had got the stay order. He unabashedly assumed that the members would not have read the court order where-in the court had based its judgement on the Society and the Registrar of Cooperative Societies not having any objections to holding the elections in abeyance. He tried to hide from the members the fact that he had himself submitted, in writing, to the court that the Society does not have any such objections to elections being held in abeyance. By so doing, Mr K Subramaniam has tried to perpetuate his position as the President as well as damaged the democratic norms in the Society.

The Managing Committee led by Mr K Subramaniam was requested during the Special General Body Meeting held on 07 Oct 2007 to restore the democratic system in the Society, get the elections done and step down honourably and gracefully. Since he chose to ignore the request, the members of the Society are left with no alternative than to approach the High Court, Delhi to get the stay vacated in order to facilitate holding of elections. Members of the Society who have contributed Rs 1000/- each to meet the legal costs are as under:-
(a) Shri Ashok Kumar.
(b) Shri NN Srivastava.
(c) Shri Ramoday Singh.
(d) Shri AK Malpani.
(e) Dr AK Upadhyay.
(f) Shri Keshav Ranjan.
(g) Shri Kishan Lal Sharma.
(h) Col Jagdish Madan, Retd.
(i) Col RC Kapoor, Retd.
(j) Shri HS Monga.
(k) Shri Ranbir Singh.
(l) Shri AS Gulia.
(m) Shri LC Tomar.
(n) Shri VS Nagar.
(o) Shri Suresh Srivastava.
(p) Shri Balvir Singh.
(q) Mrs Shakuntala.
(r) Mrs Swapna Ghosh.
(s) Mrs Shukla.
(t) Mrs Jayni A Shekhar.
(u) Ms Urmil Malhotra.
(v) Mr Vineet Anand.


As regards the sixteen new members, the Registrar had ruled vide his letter No.F.47(852)GH/SW/Coop/3219, dated 25.10.06 that the 16 members mentioned therein “who have been enrolled arbitrarily after the draw of lots without the approval of the worthy R.C.S. are not eligible to contest the coming election of the Society till the finalisation of their cases”; and Shri Madan Sharma, ex-Secretary of the Society “is also not eligible to contest/participate in the election process on account of grave financial irregularities……made during his period as Secretary of the Society till the finalisation of the investigations….”.

The registrar also mentioned Section 77 (1) of the Delhi Cooperative Societies Act 2003 (hereinafter referred to as “the Act”) which stipulates that “Allotment of plots of land, flats, houses or other dwelling units shall be made …. to the members strictly on the basis of draw of lots only in respect of such members, whose enrolment as a member of a cooperative housing society is found proper in accordance with the provisions of this Act, rules framed there under and the bye-laws of the cooperative housing society by the Registrar…..”

i) The Registrar’s order dated 25.10.2006 is actually only a communication in the form of a addressed to the President of the Din C.G.H.S.Ltd., ii) The aforesaid communication from the Registrar is not an order – judicial, quasi-judicial or administrative – but only an information to the concerned members based on the following provision of the Delhi Cooperative Societies Act, 2003 (hereinafter referred to as “the Act”), reproduced below for convenience of reference:

Section 77 (1) “Allotment of plots of land, flats, houses or other dwelling units shall be made …. to the members strictly on the basis of draw of lots only in respect of such members, whose enrolment as a member of a cooperative housing society is found proper in accordance with the provisions of this Act, rules framed thereunder and the bye-laws of the cooperative housing society by the Registrar…..” (Underlining ours).

Since these 16 new members were allotted flats by the Society without draw of lots after the draw of lots by the Registrar/DDA, it could not be examined by the Registrar whether their membership is proper in accordance with the Act, rules and the bye-laws. The Society has referred the cases of these 16 persons to the Registrar for approval, which may be given if the Registrar finds their membership in order. Pending examination and approval of the Registrar these members are not eligible to contest or participate in the election to the Managing Committee (MC). This is a clear legal position about which the Registrar has informed the President of the Society in his aforesaid memorandum dated 25.10.2006. The Registrar has obviously not decided on adjudicated on any issue, dispute or point, which would have necessitated hearing these 16 persons and Shri Madan Sharma; and the impugned order is actually not an order at all but only the statement of legal position emerging from an undisputed fact that these 16 persons have been enrolled as members and allotted flats after the draw of lots arbitrarily, as revealed to the Registrar by the report of the Inquiry Officer, Shri D. R. Chopra also. The fact that they have been wrongly allowed to vote and participate in earlier elections does not alter the legal position as stated in the Registrar’s letter. The Hon’ble Civil Court has also in a way confirmed this legal position by directing the Registrar to “make all efforts to expeditiously conclude the pending enquiry into financial irregularities committed” by Shri Madan Sharma “and also regarding regularisation of the plaintiff No.2 to 5 and others” (who are the 16 persons mentioned in the Registrar’s above mentioned letter dated 25.10.2006).

iii) The Hon’ble Civil Court has no jurisdiction in the matter as Section 132 (3) of the Act reproduced below bars the Court’s jurisdiction:

Section 132 (3)
“Save as provided in this Act, no order, decision or award made under this Act shall be questioned in any court on any ground whatsoever” (underlining ours)

A ‘Delhi Cooperative Tribunal’ has been set up under Section 114(1) of the Act for cases in which an appeal lies under Section 112 (1) of the Act. Since the Registrar’s letter dated 25.10.2006 to the President of Din C.G.H.S. Ltd. does not come under any category of appeal-able cases mentioned in (a) to (q) of Section 112(1) of the Act, the proceeding in which this letter has been issued by the Registrar is only subject to revision by the Government under Section 116(1) of the Act, which enables the Government to “of its own motion or an application made to it, call for and examine the record of the Registrar, in respect of any proceeding not being a proceeding in respect of which an appeal to the tribunal is provided by Section 114 to satisfy himself as to the regularity of such proceeding or the correctness, legality or propriety of any decision passed or order made therein and if, in any case, it appears to the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, he may pass orders accordingly…”. In fact, one of the petitioners, before the Hon’ble Court, Shri Praveen Kumar, has already filed a revision petition dated 23.02.2007 before the Financial Commissioner (Revision Petition No.30/2007-8) under section 116 praying that the Inquiry Report dated 31.07.2006 mentioned in the Registrar’s letter dated 25.10.2006, on which this letter is based, “be set aside qua the petitioner…” which is pending. If this petition succeeds, the Registrar’s letter based on this Inquiry Report itself would become meaningless.

iv) By challenging the Inquiry Report itself, which is the very basis of the Registrar’s letter dated 25.10.2006, in his Revision Petition dated 23.02.2007, Shri Praveen Kumar has challenged the contents of this letter also; and “the matter directly and substantially in issue” in the Civil Suit filed before the Hon’ble Court on the same day is therefore the same. The principle of “res judicata” enshrined in Section 11 of the Civil Procedure Code thus clearly applies; and even if the Hon’ble Civil Court had the jurisdiction (which obviously it does not have) the Petitioners in this Civil Suit need to be directed by the Hon’ble Court to join in the Revision Petition before the Financial Commissioner (who has the jurisdiction) or go there independently or separately to seek redressal of their grievances.

v) The Hon’ble Court’s order dated 24.03.2007 directing that “the proposed election of the Managing Committee…. shall be kept in abeyance till further orders…..” has in effect suspended democracy and the democratic process in the Society; and created a legal impasse preventing the Registrar from performing his statutory duty of holding election on expiry of the term of the M.C., under the mandatory provisions in Section 35(5) of the Act. The present M.C’s 3 years term expired on 31.05.2005, and the Registrar had initiated the process of holding election which has now been postponed indefinitely allowing the present M.C., whose term expired nearly two and a half year ago, to illegally continue in office.

Section 35(5) of the Act provides that the M.C. “shall arrange election of the new committee before the expiry of its term and in case the committee fails to do so, the committee shall cease to hold office on the expiry of its term and the affairs of the cooperative society shall be managed by an administrator appointed by the Registrar who shall also hold election within 90 days from the date of his appointment”. The Hon’ble Court’s order staying the election till further orders has in effect rendered this mandatory provision of law inoperative.

Demand for Rs 15,000/- by Managing Committee

Reference DIN CGHS Ltd Letters No DIN/35/2007/15 dated 18 Oct 2007 and DIN/35/2007/157 dated 04 Nov 2007 informing the members that the Committee appointed by the General Body during the Special General Body Meeting held on 07 Oct 07 to calculate the Equalisation Charges to be recovered from sixteen new members, could not reach a decision about the amount to be recovered and that the MC has decided to demand Equalisation Charges at the rate of Rs 2.5 lacs from the new members. The MC also made a fresh demand for payment Rs 15,000/- (Rupees Fifteen Thousand Only) by each member towards part payment of the amount to be deposited in Delhi High Court.

In this entry I shall attempt to clarify certain aspects of the case which was brought to the notice of the members only after the ruling against the Society had been issued. Firstly, every effort to gain information about the case from the MC was frustrated by obduracy of the MC in revealing facts of the case to the members until it was too late. Secondly, the MC has deliberately concealed from the members as to how the case happened to be lost. This is explained below:

(a) In the builder – DIN CGHS Ltd agreement, there is a clause that in case of any dispute, the President of the Society will appoint a mutually acceptable arbitrator to sort out the dispute.

(b) Mr K Subramaniam, the President falsely denied holding the Contract in the Society. This has been proved by showing him a copy of the document with a receipt stamp of the Society during the Special General Body Meeting held on 07 Oct 2007.

(c) When the builder raised a demand of Rs 75, 00,000/- (Rupees Seventy Five Lakhs Only), rightfully, the President should have appointed an arbitrator as provided for in the agreement. Inexplicably, this was not done.

(d) The builder, having failed to get an arbitrator appointed by the President of DIN CGHS Ltd, approached the court of law.

(e) The court issued a notice to the President / Secretary of the Society regarding the appointment of an arbitrator.

(f) The President / Secretary of the Society did not even reply to the Court’s notice.

(g) The court appointed an arbitrator to sort out the dispute.

(h) The Arbitrator gave an award of Rs 75, 00,000/- (Rupees Seventy Five Lakhs Only) against the Society.

Note: The MC has refused to furnish any documents of the case for information of the members.
The above not withstanding, the keenness shown by Mr K Subramaniam , President and Mr YS Mathur, Secretary to safe-guard the interests of the members is evident from the ruling of the Court “ I am afraid, learned counsel for the petitioner as also the petitioner have either not understood the simple accounting mechanism or are refusing to accept the truth”. The petitioner in the case is DIN CGHS Ltd.

. The members may note that the Managing Committee has disregarded a resolution passed by the General Body during an Emergency General Body Meeting held on 22 July 2001 that the allotment of flats to these sixteen new members will only be regularized after they have paid their Equalisation Charges. Had the Managing Committee initiated steps to recover these dues, which now amount to a staggering Rs 1, 72, 79,321/- (One Crore Seventy Two Lakhs Seventy Nine Thousand Three hundred and Twenty One Only), there would be no need for requesting the members to pay any money for the court case. Incidentally, the suggestion to the Managing Committee do so even now has fallen on deaf ears. The members are free to decide for themselves whether the demand for Rs 15, 000/- by the Managing Committee is justified or not

Disqualification of 16 New Members to Contest / Participation in Society Elections

Mr K Subramaniam, President has time and again disinformed the members that Sh Ranbir Singh is responsible for the disqualification of the sixteen new members from participating in the elections. This dis-information is sought to be settled once and for all by reproducing the letter of the Registrar below:

Office of the Registrar Cooperative Societies, Govt of NCT of Delhi,
Parliament Street, New Delhi

To
Sh K Subramaniam 25 Oct 2006
(President)
Din CGHS Ltd; Plot No 7 Sector 4, Dwarka
New Delhi 45

Sub Not Contesting /Participation in the election of the society

Sir,

As per the inquiry Report received from Shri DR Chopra , Inquiry Officer U/S 62 of DCS Act , 2003 dated 31.7.2006 the following 16 members who have been enrolled arbitrarily after the draw of lots without the approval of the worthy RCS are not eligible to contest the coming election of the society till the finalization of their cases.

1 488 Piush Bansal
2 489 S Radhakrishnan Jt with Mrs Neelam Radhakrishnan
3 490 S Chandershekar
4 491 Rashmi Chari with S Chari
5 492 ThakurDutt
6 494 PN Kant
7 495 Anita Bhattacharji
8 496 Suman Nalwa Jt K Mahesh
9 497 Anil Kumar Goel jt with Suraj Parkash Goel
10 498 Parveen Kumar
11 499 Dig Vijay Kumar Jt with Rashmi Kumar
12 500 Jaswanti Devi
13 501 Shankar Narayan NV
14 502 YS Mathur
15 503 Anil Sharma
16 504 Inderjeet Mankotia

In addition to this, Sh Madan Sharma, theEx Secy of the society is also not eligible to contest /participate in the election process on account of grave financial irregularities made during his period as Secretary of the society till the finalization of the investigations are over.

Yours faithfully
Sd/-
(Bhupender Singh)
Asstt Registrar (SW)

Reply to Mr Seshadri Chari's Allegations

FOR ATTENTION OF ALL MEMBERS

Reference letter circulated by Mr Seshadri Chari on 08 Nov 2007.The letter contains certain inaccuracies which are enumerated below:-

1. The difference of opinion amongst Committee members regarding constitution of the Committee did indeed exist and was promptly reported to the President of the Society, who promised Col RC Kapoor on phone that necessary amendment to the letter issued by the Secretary will be issued. That was never done, for reasons best known to Mr K Subramaniam.

2. The Draft Committee Report was sent to Mr Seshadri Chari by email as he was busy and could not make it for all the meetings, for his comments / observations. He did not offer any comments / observations.

3. Mr Seshadri Chari’s statement that he was not invited to any Committee meeting after 13 Oct 07 is incorrect. He was invited to all the meetings, however, he informed me that he was committed elsewhere and that he would try and attend the final coordination meeting called for 17 Oct 07. I have preserved the emails sent by him. He did not attend the final coordination meeting of the Committee.

4. The mandate of the Committee was to calculate the amount of Equalisation Charges / interest due from the sixteen new members. Any attempt to delve into other issues would have amounted to encroachment on the prerogative of the RCS.

5. The above notwithstanding, observations by Mr Chari on the Draft Committee Report would have been welcome, had he chosen to offer any. It would, in any case, have been a more constructive contribution to the purpose of formation of the Committee than the letter he has hosen to circulate to all.

6. Whereas the Committee report submitted by me was shown to all members before it was submitted to the President, the one submitted by Mr Seshadri Chari has never been seen by me or some other members of the Committee.

7. The Committee appointed by the General Body never intended to extract any hefty sum from the new members, as alleged by Mr Chari and concentrated on calculation of dues strictly as per the provisions contained in the DCS Act 2003.

8. Instead of encouraging mudslinging matches in the Society, the MC must call another General Body Meeting to sort out the issues.

Recovery of Equalisation Charges from 16 New Members

There is a vexatious issue causing divisions and acrimony amongst the members in the Society. It is the issue of regularization of membership of sixteen new members who were allotted flats in the Society after the draw of lot held by DDA and Registrar of Cooperative Societies, Delhi on 04 Oct 1998. That the procedure for allotment of flats to these new members was faulty and against that laid down in the DCS Act was never in doubt and the sole reason for the Registrar not approving their membership; which in turn implies that none of the new members can either vote in the Society elections nor stand for any of the posts in the MC. Besides, the new members were supposed to pay to the Society ‘Equalisation Charges’ and ‘interest’ in terms of the DCS Act 1973 and DCS Act 2003. The MC was supposed to have raised such a demand from these new members. According to the New Members, such a demand was never made. The MC led by Mr K Subramaniam never explained to the General Body as to they failed to recover these dues from the new members, in spite of a resolution approved by the General Body during a meeting held in 2001.

On 7th Oct 2007, in a Special General Body Meeting of the Society, it was decided to appoint a Committee to calculate the dues from the new members. The constitution of the Committee approved by the General Body comprised of the following members:-

(a) Col Jagdish Madan, Retd.
(b) Col RC Kapoor, Retd.
(c) Shri AK Malpani.
(d) Shri LC Tomar.
(e) Shri Sheshadri Chari.
(f) Shri Inderjeet Mankotia; and
(g) Shrimati Jaswanti Devi.

The composition of the Committee was deliberately altered by the Secretary, Mr YS Mathur to include four of the new members in a committee of seven. When the matter was brought to the notice of the President, Mr K Subramaniam, he chose to ignore the matter altogether. The report submitted by the Committee is as given below:-

PROCEEDINGS OF THE COMMITTEE CONSTITUTED
BY THE GENERAL BODY MEETING OF DIN CGHS LTD
TO CALCULATE THE EQUALISATION CHARGES DUE
FROM SOME OF THE MEMBERS OF THE SOCIETY



Reference

1. DIN CGHS Ltd Letter No DIN/35/2007/146 dated 11 Oct 2007.
2. The Delhi Co-operative Societies Rules 1973 (As Amended upto 30th June 1998).
3. Directives and Circulars/Notifications 2005 issued by Cooperative Department, Government of Delhi.
4. Minutes of the Emergency General Body Meeting of DIN CGHS Ltd held on 22 Jul 2001.

The Committee comprising the following has been constituted by the General Body of Din CGHS Ltd in the meeting held on 07 Oct 2007. The guidelines for working out equalization charges due from the sixteen new members of the Society have been drawn from sections/provisions contained in The Delhi Co-operative Societies Rules 1973 (As Amended upto 30th June 1998) and Directives and Circulars/Notifications 2005 issued by Cooperative Department, Government of Delhi.

Working Criterion

The Committee, having studied rule position on recovery of Equalisation Charges from affected individuals in DIN CGHS Ltd and Minutes of the Emergency General Body Meeting of DIN CGHS Ltd held on 22 Jul 2001, proceeded on the following sequence of events:-

(a) Identification of affected individuals by the current management of the Society.
(b) Equalisation amounts already paid by the affected individuals to the Society.
(c) Ascertaining the date of enrolment of the affected individuals into the Society.
(d) Ascertaining the date on which some of the new members paid part of the equalisation charges to the Society.
(e) Calculation of interest to be applied on the Equalisation Charge at the following rates:-
(f) 05 Oct 1998 to 28 Jan 2005 - 18 %.
(g) 29 Jan 2005 to 30 Sep 2007 - 12 %
(h) Calculation of total dues from each individual including the amount of Equalisation Charges and the interest thereon, taking into account the sum already paid by him / her.

Identification of New Members

The list of new members who were enrolled after the draw of lot held on 04 Oct 1998, the dates of their enrolment and the amount of Equalisation Charge paid by them, if any, is appended below:-

Ser No Name Date of Enrolment Amount of Date of
Equalisation Payment
Charge Paid

1. Shri Piush Bansal 25.7.1998 No Payment NA

2. Dr S Radhakrishnan
Jt with Ms Neelam
Radhakrishnan 28.10.98 2, 75,000 27.8 99

3. Shri S Chandrashekhar 15.11.98 2, 50,000 20.4.99

4. Mrs Rashmi Chari
Jt with Shri Sheshadri
Chari 04.12.98 No Payment NA

5. Shri Thakur Datt 03.5.99 2, 50,000 24.4.2000

6. Shri PN Kant 07.5.99 1, 50,000 04.12.99

7. Mrs Arti Bhattacharya 09.5.99 No Payment NA


8. Mrs Suman Nalwa jt
with Mr K Mahesh 10.5.99 No Payment NA

9. Shri Anil Kumar Goel
Jt with Shri Suraj Prakash 10.5.99 No Payment NA

10. Shri Praveen Kumar 12.5.99 No Payment NA

11. Shri Digvijay Kumar 21.6.99 1, 28,000 06.4.2000

12. Mrs Jaswanti Devi 21.6.99 2, 50,000 27.8.2000

13. Shri Shankar Narayanan NV 22.6.99 2, 28,000 12.12.99

14. Shri YS Mathur 23.6.99 2, 50,000 15.02.2000

15. Shri Anil Sharma
Now Shri BS Kandola 23.8.99 1, 40,000 17.02.2000

16. Shri Inderjeet Mankotia 25.8.99 50,000 28.4.2000

Calculation of Equalisation Charges

Equalisation Charges are applicable with effect from the date of enrolment of each member. Therefore, using common criterion, Equalisation Charge for each member has been calculated separately as shown below:-

Shri Piush Bansal - Rs 4, 19,500

Dr S Radhakrishnan
Jt with Ms Neelam
Radhakrishnan - Rs 4, 80,500

Shri S Chandrashekhar - Rs 4, 80,500/-

Mrs Rashmi Chari
Jt with Shri Sheshadri
Chari - Rs 4, 99,000

Shri Thakur Datt - Rs 5, 91,500

Shri PN Kant - Rs 5, 96,000

Mrs Arti Bhattacharya - Rs 6, 00,000

Mrs Suman Nalwa jt
with Mr K Mahesh - Rs 6, 01,500

Shri Anil Kumar Goel
Jt with Shri Suraj Prakash - Rs 6, 01,500

Shri Praveen Kumar - Rs 6, 03,000

Shri Digvijay Kumar - Rs 6, 23,000

Mrs Jaswanti Devi - Rs 6, 23,000

Shri Shankar Narayanan NV - Rs 6, 23,000

Shri YS Mathur - Rs 6, 23,000

Shri Anil Sharma

Now Shri BS Kandola - Rs 6, 60,000

Shri Inderjeet Mankotia - Rs 6, 60,000

Calculation of Interest

Shri Piush Bansal - Rs 6, 24,719

Dr S Radhakrishnan
Jt with Ms Neelam - Rs 2, 94,216

Shri S Chandrashekhar - Rs 3, 25,956


Mrs Rashmi Chari - Rs 7, 07,782

Shri Thakur Datt - Rs 5, 40,740

Shri PN Kant - Rs 6, 03,973




Mrs Arti Bhattacharya - Rs 8, 12,520

Mrs Suman Nalwa jt - Rs 8, 12,520


Shri Anil Kumar Goel
Jt with Shri Suraj Prakash - Rs8, 12,520


Shri Praveen Kumar - Rs 8, 16,583

Shri Digvijay Kumar - Rs 6, 48,054


Mrs Jaswanti Devi - Rs 4, 93,674

Shri Shankar
Narayanan, NV - Rs 5, 17,134


Shri YS Mathur - Rs 4, 93,674


Shri Anil Sharma
Now Shri BS Kandola - Rs 6, 24,624

Shri Inderjeet Mankotia - Rs 7, 87,632


Calculation of Total Dues From Each Individual


Ser No Name Equalisation Interest Due Total Dues
Amount(Rs) (Rs) (Rs)

1. Shri Piush Bansal 4, 19,500 6, 24,719 10, 44,219



2. Dr S Radhakrishnan 2, 05,000 2, 94,216 4, 99, 216
Jt with Ms Neelam
Radhakrishnan

3. Shri S Chandrashekhar 2, 30,000 3, 25,956 5, 55,956

4. Mrs Rashmi Chari
Jt with Shri Sheshadri 4, 99,000 7, 07,782 12, 06,782
Chari

5. Shri Thakur Datt 3, 91,500 5, 40,740 9, 32,240

6. Shri PN Kant 4, 46,000 6, 03,973 10, 49,973

7. Mrs Arti Bhattacharya 6, 00,000 8, 12,520 14, 12, 520

8. Mrs Suman Nalwa jt 6, 01,500 8, 12,520 14,14,020
with Mr K Mahesh

9. Shri Anil Kumar Goel 6, 01,500 8, 12,520 14,14,020
Jt with Shri Suraj Prakash

10. Shri Praveen Kumar 6, 03,000 8, 16,583 14, 19,583

11. Shri Digvijay Kumar 4, 95,000 6, 48,054 11, 43,054

12. Mrs Jaswanti Devi 3, 73,000 4, 93,674 8, 66,674

13. Shri Shankar Narayanan 3, 95,000 5, 17,134 9, 12,134

14. Shri YS Mathur 3, 73,000 4, 93,674 8, 66,674

15. Shri Anil Sharma
Now Shri BS Kandola 5, 20,000 6, 24,624 11, 44,624

16. Shri Inderjeet Mankotia 6, 10,000 7, 87,632 13, 97,632
------------ ------------ ------------------------------------------------------------------------------------------------
Total 73,63,000 99,16,321 1,72,79,321
------------- ------------- ----------------------------------------------------------------------------------------------
Summary
Equalisation Charges Owed to the Society - Rs 73, 63,000.00
Interest on Equalisation Amount Due For Recovery - Rs 99, 16,321.00
Total Amount Due to the Society - Rs 1, 72, 79,321.00

As per the above statement, the amount chargeable from the sixteen new members is as shown against their names and the cumulative total is Rupees one crore seventy two lacs seventy nine thousand three hundred and twenty one only.

This Statement / Report has been signed by Col RC Kapoor, Shri AK Malpani, Shri LC Tomar and Col Jagdish Madan and submitted on 15 Oct 2007 to President / Secretary DIN CGHS Ltd for their necessary action.

Objective of the Blog

Objective of the Blog

This Blog has been created in order to provide members of DIN Cooperative Group Housing Society with the basic information about the Society and its affairs. The information is by no means exhaustive and efforts to update it would continue. In the absence of cooperation from the Management Committee to usher in transparency and share information, this is an initiative by the members themselves. This being a maiden attempt, any comments / suggestions / corrections to improve the Blog will be most welcome.

Chronology of DIN CGHS Ltd

CHRONOLOGY :
DIN COOPERATIVE GROUP HOUSING SOCITY


Ser No Date Event (s)

1. 05 Nov 1983 - (a) DIN Cooperative Group Housing
Society registered with Registrar,
Cooperative Societies, Delhi.

- (b) Bylaws of the Society filed and
Registered at Registrar’s Office.

2. 13 Jan 1993 - DIN CGHS Ltd applied for allotment of
Land in Dwarka, New Delhi.

3. 12 Aug 1993 - (a) Draw of lots for allotment of plots of
Land held by Delhi Development
Authority.

(b) Plot No-7, Sector-4, Dwarka, New Delhi
Decided for allotment to DIN CGHS Ltd. (DDA Letter F/7(132)/92/GH/DDA/32 dated 19 Aug 1993)

4. 18 Oct 1994 - Letter of allotment of land
received from DDA.

5. 01 Nov 1994 - Possession of Land handed over to the
Society by DDA.

6. 29 Oct 1995 - Building Plans and Design of Flats approved
by General Body of the Society.

7. 22 Dec 1995 - Building Plans and Design of Flats approved
By Delhi Urban Art Commission (DUAC).

8. 29 Sep 1996 - Schedule of payments and rate of interest on
delayed payments decided by the General
Body.

9. 30 Mar 1997 - General Body Meeting held.




10. 04 Oct 1998 - At a Special General Body Meeting held at
The Society Premises, draw of lot was held

By DDA (DDA Letter No 17/ (132)/92/GH/1717 dated 25 Sep 1998.

11. 15 Oct 2000 - (a) All members opposing Mr K
Subramaniam were disqualified from
Participating in the elections.

(b) Election to Managing Committee held. Mr K Subramaniam elected Vice President.
Since President elect, Mr KD Saxena
Complained that he had never filed nomination
Papers and declined to be the President, Mr
K Subramaniam took charge of the office of
President.


12. 11 Nov 2001 - (a) General Body Meeting held under
Chairmanship of Vice President, Mr K
Subramaniam

(b) Mr Subramaniam asserted that
Transparency in the management of the Society will be ensured and all decisions will be implemented after approval of the General Body. A promise never kept.


13. 01 Jun 2002 -

(a) Elections to the Managing Committee
were held and Mr K Subramaniam elected
President.

(b) Two members of the Managing Committee who opposed Mr K Subramaniam were expelled / ousted.




14. 24 Apr 2003 - RCS requested to intervene.

15. 25 Jul 2003 - RCS reinstated expelled member Shri Ranbir Singh and held that his expulsion was not in accordance with the Rule 36(i) of DCS Rules 1973.

16. 31 Jul 2003 - RCS clarified that Shri Ranbir Singh
Continues to be a member of the MC.

17. 24 Aug 2003 - (a) The President, Mr K Subramaniam
informed all the members at the General
Body Meeting that an Arbitrator has given
an Award of Rs 14, 71,026/- against the
Society in favor of M/S Chand
Constructions, as the
Society’s Cheque had bounced.

(b) He also held elected new member of the MC in place of Shri Ranbir Singh, against the directions of the RCS.


18. 21 Oct 2003 - Since the MC led by Mr K Subramaniam
flouted lawful directions of the RCS, a Show
Cause notice was issued to the President of
the Society.

19. 28 Jan 2005 - New DCS Act was passed and notified. As
Per the new Act, elections in all societies in
Delhi were to be completed by the RCS by
31 Dec2005, subsequently extended upto 31
Dec 2006


21. 31 May 2005 - The MC completed its term of three years
and elections were supposed to be held in
the Society, not held. This was a violation of
Section 35(5) of the DCS Act 2003.


22. 21 Feb 2006 - Shri NL Sethi appointed ‘Returning Officer’
By the Registrar for conduct of elections.
The MC submitted wrong documents to the
Returning Officer for the same.

23. 19 Dec 2006 - The Registrar issued a Show Cause Notice
under Section 37 of DCS Act 2003 to the
President / Secretary of the Society
regarding violation of Section 35 of DCS
Act 2003 by the MC.

24. 27 Dec 2006 - Hearing of the Show Cause Notice took
Place in the office of the Registrar and he
Reserved his orders.

25. 24 Mar 2006 - Stay Order against holding of elections were
obtained by the MC from Civil Judge, Tis
Hazari Courts (Suit No 90/07).

26. 29 May 2007 - A delegation of members of the Society met
The Registrar in his office and submitted a
Letter urging him to file a revision petition
To get the stay vacated. The Registrar
Declined the request and advised that
Such revision petition may be filed by the
Members of the Society themselves.


27. 06 Jun 2007 - The members of the Society approached the
Lt Gov of Delhi with request to direct the
Registrar to get the stay vacated and to hold
the elections long overdue.

- Ever since, the members of the Society have
maintained constant liaison with the Lt Gov’s secretariat to expedite the issue.

28. 07 Oct 2007 - The point regarding holding of elections in
the Society was raised during the Special
General Body Meeting. The request was
Ignored by the President, Mr K
Subramaniam.