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
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.
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.
Was the report submitted to the Registrar. If he ignored it or approved it wait for your turn as trend is set.
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