Thursday, January 10, 2008

RECOVERY OF EQUALISATION CHARGES

As a follow up of the General Body decision taken on 25 Dec 2007 during the GBM, the Secretary, Mr YS Mathur has issued Letter No DIN/35/2008/2 dated 07 Jan 08. The letter is reproduced for information of the members:

The following resolution was adopted and decision has been taken in the Annual General Body Meeting held on 25 Dec 2007:-

1. (i) It has been resolved irrevocably and unanimously that an equalization amount of Rs 2.50 Lakh will have to be paid uniformly by all the new members enrolled after the draw of lots held on 04 Oct 1998, within six months i.e. upto 30 June 2008.

(ii) It was further resolved that simple interest @ 5% per annum will be charged on Rs 2.50 Lakh or the balance amount remained unpaid from the date of possession of the flat.
In case the payment is not made by 30th June 2008, compound interest @ 12 % will be charged with effect from 01 July 2008 on the unpaid amount. In case, any member has paid more than Rs 2.50 Lakh, the excess amount will be adjusted.

(iii) RCS will be informed and requested to expedite the regularization of enrolment / allotment of flats of these sixteen members pending since Sep 2000 and also arrange to hold elections to the MC early.

2. It is decided that from01 Jan 2008 all repairs inside the flats will be got done by the flat owner in keeping with the provisions of Section 93 (3 & 4) of DCS Act 2003 ensuring that no damage is caused to the flat down below, the cost of removing the damage will be equally shared by both the flat owners. Members are requested to follow these rules strictly in future.

Sd/-
(YS Mathur)
Secretary


Comments

1. The period of six months was given to the sixteen new members as a window of opprotunuty to pay the reduced Equalisation Charges. The decision taken stipulated that should, for any reason, the new members fail to clear all Equalisation dues by 25 Jun 2008, they will forfiet the concession of paying an interest rate of 5 % and will have to pay an interest rate of 12 % on the unpaid amount with effect from the Date of possession of the flat(s). The Secretary has once again sacrificed the interest of the Society by giving the sixteen new members a latitude of paying 12 % compound interest with effect from 01 July 2008 and not from the date of possession of the flat.

2. The Secretary mentioning that the RCS will be requested to hold early elections to the MC is meaningless and a ploy to deceive the members as he has obtained a stay on holding of election from the Court. He has conveniently omitted to mention that unless the court order is vacated, the RCS will not be able to hold the elections. That in turn will ensure that the present MC will continue in office much beyond their mandate sanctioned by DCS Act 2003.

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