Shri K Subramaniam, 31 May 2008
President DIN CGHS Ltd
Plot N0 -7, Sector -4
Dwarka
New Delhi – 110 078
Sub: Contribution for Court Deposit in the Arbitration Case of M/s. Rana Const
As you are aware, in the Special General Body Meeting (GBM) held on 12 Nov 2007, one of the agenda items regarding payment of 50 % amount out of the arbitration award, as decided by the sole arbitrator in the dispute between the Society and M/s Rana Const Co, as ordered by the Hon’able Bench of Delhi High Court was discussed. The majority view of the members present in the SBGM was that the payment must be made from the funds available with the Society and shortfall, if any, should be met by realizing the outstanding dues from the members including the Equalisation Charges from the concerned members who purchased the flats after draw of lots on 04 Oct 1998. The matter was again taken up in the subsequent SGBM held on 25 Dec 2007. It was reported in the meeting that the funds available with the Society are being deposited with the treasury of the Delhi High Court by the MC and the balance amount is yet to be deposited. The members again expressed and reiterated their earlier stance that the balance dues be quickly recovered from the concerned members and deposited with the Court.
Instead of apprising the members with regard to the position of recovery of dues from defaulting members, the MC issued a circular and displayed the same on the Society notice boards demanding Rs 15,000/- from members to meet the deadline for deposit of the amount with the High Court. Subsequently, another circular was issued and placed on the notice boards repeating the demand and asking the members to make the payment which would be later refunded / adjusted against their dues. It was threatened that in case the amount is not paid, the members will face the consequences.
Now another circular dated 28 May 2008 has been issued and placed on Notice Boards of the Society again asking for payment of Rs 15,000/- or else face the consequences. The resultant consequences as mentioned in the latest circular have neither been elaborated nor explained.
In the afore mentioned SGBMs held on 12 Nov and 25 Dec 2007, no decision was taken with regard to payment of Rs 15, 000/- by each member. Over and above the decisions taken in the two SGBMs, the demand of Rs 15,000/- is very surprising. This demand by the MC is a mockery of the decisions approved by the General Body in the SGBMs. Further, in the circular dated 28 May 2008, it has been mentioned that the amount of Rs 15,000/- will be refundable / adjustable against future dues of the members. This amounts to an undertaking given by the Secretary of the MC, who is not even legitimately holding the position in the Society since his membership is yet to be approved by the Hon’able Registrar. Assuming that the decision has been taken by the MC, it is amazing that how the MC has chosen to supersede a decision of the SGBMs, which is the supreme decision making body in the Society. Any such decision is, therefore, violative of the provisions of the DCS Act 2005, Rules and Bylaws of the Society.
On numerous occasions, in the past, the present MC has taken wrong decisions in contravention of all rules and regulations and conducted itself in an autocratic manner. Inspite of writing many letters wherein such violations were brought to your notice from time to time, no heed was paid and no corrective action intiated. You are, therefore, once again advised to set your house in order and direct the irresponsible functionaries of the MC not to indulge in such activities and mislead the members by bringing distorted facts in circulars issued by using threatening language. A copy of this communication is also being endorsed to the Hon’able Registrar Cooperative Societies, Delhi.
Yours faithfully,
President DIN CGHS Ltd
Plot N0 -7, Sector -4
Dwarka
New Delhi – 110 078
Sub: Contribution for Court Deposit in the Arbitration Case of M/s. Rana Const
As you are aware, in the Special General Body Meeting (GBM) held on 12 Nov 2007, one of the agenda items regarding payment of 50 % amount out of the arbitration award, as decided by the sole arbitrator in the dispute between the Society and M/s Rana Const Co, as ordered by the Hon’able Bench of Delhi High Court was discussed. The majority view of the members present in the SBGM was that the payment must be made from the funds available with the Society and shortfall, if any, should be met by realizing the outstanding dues from the members including the Equalisation Charges from the concerned members who purchased the flats after draw of lots on 04 Oct 1998. The matter was again taken up in the subsequent SGBM held on 25 Dec 2007. It was reported in the meeting that the funds available with the Society are being deposited with the treasury of the Delhi High Court by the MC and the balance amount is yet to be deposited. The members again expressed and reiterated their earlier stance that the balance dues be quickly recovered from the concerned members and deposited with the Court.
Instead of apprising the members with regard to the position of recovery of dues from defaulting members, the MC issued a circular and displayed the same on the Society notice boards demanding Rs 15,000/- from members to meet the deadline for deposit of the amount with the High Court. Subsequently, another circular was issued and placed on the notice boards repeating the demand and asking the members to make the payment which would be later refunded / adjusted against their dues. It was threatened that in case the amount is not paid, the members will face the consequences.
Now another circular dated 28 May 2008 has been issued and placed on Notice Boards of the Society again asking for payment of Rs 15,000/- or else face the consequences. The resultant consequences as mentioned in the latest circular have neither been elaborated nor explained.
In the afore mentioned SGBMs held on 12 Nov and 25 Dec 2007, no decision was taken with regard to payment of Rs 15, 000/- by each member. Over and above the decisions taken in the two SGBMs, the demand of Rs 15,000/- is very surprising. This demand by the MC is a mockery of the decisions approved by the General Body in the SGBMs. Further, in the circular dated 28 May 2008, it has been mentioned that the amount of Rs 15,000/- will be refundable / adjustable against future dues of the members. This amounts to an undertaking given by the Secretary of the MC, who is not even legitimately holding the position in the Society since his membership is yet to be approved by the Hon’able Registrar. Assuming that the decision has been taken by the MC, it is amazing that how the MC has chosen to supersede a decision of the SGBMs, which is the supreme decision making body in the Society. Any such decision is, therefore, violative of the provisions of the DCS Act 2005, Rules and Bylaws of the Society.
On numerous occasions, in the past, the present MC has taken wrong decisions in contravention of all rules and regulations and conducted itself in an autocratic manner. Inspite of writing many letters wherein such violations were brought to your notice from time to time, no heed was paid and no corrective action intiated. You are, therefore, once again advised to set your house in order and direct the irresponsible functionaries of the MC not to indulge in such activities and mislead the members by bringing distorted facts in circulars issued by using threatening language. A copy of this communication is also being endorsed to the Hon’able Registrar Cooperative Societies, Delhi.
Yours faithfully,
Signed by 23 members and sent to Registrar Coop Societies, NCT, New Delhi
This comment has been removed by the author.
ReplyDeleteIt is extremely distasteful to read the tone of the circular floated by the Management committee. I though these people were part of the community who volunteered to serve the people. Why this condescending tone then? There seems to be no regret on their part at the gross man-handling and malicious treatment of the members of their community. I am most disappointed and would really like such people to live elsewhere and let Din become a harmonious community again.
ReplyDeleteP.S. The Government of India has setup on online public grievance lodging and monitoring system. I thought I should mention it in case you require cooperation from any government department for the conduction of society work: http://pgportal.gov.in/