Handing / Taking of Charge

Letter addressed to the President and Secretary of the outgoing MC is reproduced below:

Shri K Subramaniam
President

Shri YS Mathur
Secretary
DIN CGHS Ltd
Plot # 7, Sector-4
Dwarka
New Delhi 27 Aug 2008

HANDING / TAKING OVER


Reference:
1. Notification of the Returning Officer No F. REO/AKN/024/14 dated 23 Aug 2008. (Copy Attached for Ready Reference).
2. Delhi Cooperative Societies Act 2003.
3. Delhi Cooperative Societies Rules 2007.

4. Bylaws of the Society filed and Registered at Registrar’s Office on 05 Nov 1983.

A meeting of the new MC elected on 23 Aug 2008 was held in the Society premises at 1945 hrs on 27 Aug 2008 and elected the following office bearers:

(a) Secretary - Col Jagdish Madan, Retd.
(b) Treasurer - Col RC Kapoor, Retd.

You are requested to hand over the charge of the Society including all movable / immovable assets, documents, accounts, updated lists of defaulters and payments due as well as all documents of pending court cases to the office bearers at the earliest. Shri Ranbir Singh, Vice President and Shri LC Tomar, MC Member are hereby authorized to assist the Secretary in taking over of documents.

Sincerely,

Sd/xxx
(AK Malpani)
President

Copy to: The Registrar Cooperative Societies - For Information
Govt of NCT, Old Court Building
Parliament Street
New Delhi

MINUTES OF THE FIRST MANAGING COMMITTEE MEETING

A Meeting of the newly elected MC of DIN CGHS Ltd, as notified by the Returning Officer vide his letter No F. REO/AKN/024/14 dated 23 Aug 2008, was called on the 27th Aug 2008 at 1945 hrs in the Society Premises. The meeting presided upon by Shri AK Malpani, President, was attended by all its members. The President welcomed all the members and emphasised upon fair play, transparency and efficient management of the Society.

Col Jagdish Madan, Retd and Col RC Kapoor, were unanimously elected Secretary and Treasurer respectively. Mr LC Tomar was the unanimous choice for navigating the legal issues facing the Society.

Should a New Management Take Over

Posting Results of Recent Poll: "Should a New Management Take Over"
Votes:
Yes: 5
No: 0
Cant Say: 0

Election Results & Update

The election to the five posts of the MC Members were held in the Society premisis on 23 Aug 2008. Shri AK Malpani and Shri Ranbir Singh were declared elected, unopposed, to the posts of President and Vice President respectively. The two lady candidates, Mrs Swapna Ghose and Mrs Jayini A Shekhar too were declared elected unopposed as the only other lady in fray, Mrs Rashmi Chari's nomination was rejected by the RO. Of the six candidates in the fray for five posts of MC Members, the five elected were Brig Rakesh Goel, Col RC Kapoor, Mr LC Tomar, Dr AK Upadhyay and Col Jagdish Madan. Mr Rajeev Manchanda lost the election having secured less votes than the other contestants.

During the conduct of the election, a few of the sixteen members, whose membership is yet to be regularised by the Registrar, argued with the RO, Shri Ashok Kumar Navet, and tried to pressurise him into being allowed to participate in the election process. While their efforts to secure their democratic right to participate in the election process is understandable, the approach adopted by them directly denies the same right to the other 146 members and also ensures an incompetent and indifferent MC continues to illegally overstay at the helm of Society's affairs. To the credit of the RO, he maintained a dignified and cool stance inspite of provocation and accusations of arbitrary behavior. Shri Ashok Kumar Navet, RO politely informed those arguing with him that the issue of membership was beyond his mandate and that they should approach the Registrar for redressal of their grievances. Upon completion of the elections, the RO, Shri Ashok Kumar Navet, announced the vote count and informed those present that the written results of the election were being withheld in view of complaints by some members. He also informed all present that the written results of the election will be submitted to the Registrar and that the same can be obtained from the RCS's Office by Wednesday, 27 Aug 2008.

Another Attempt to Scuttle MC Elections

The persons whose nomination was rejected by the RO (Shri AK Goel, Mrs Rashmi Chari, Shri Inderjeet Mankotia, Shri Kapil Bhatia and Shri Shankar Narayanan NV) have gone to the Cooperative Tribunal with the following plea(s):-

1. They may be declared eligible to contest and participate in the election with right to vote.

2. The rejection of the nomination papers by the RO on the basis of Registrar's letter dated 25 Oct 2006 may kindly be declared illegal and set aside.

3. The RO may kindly be restrained to take any further action in pursuance to the Agenda Notice dated 30.07.2008. (Stop elections).

4. The proposed election, if held, on 23 Aug 2008 may kindly be declared null and void and a fresh election may kindly be ordered.

5. A direction may kindly be given to the RO to follow the list of valid members as provided by the Society for holding the election afresh.

6. The Society may kindly be directed to produce the original records in its custody as and when required by this Hon'ble Court.

7. Any other ....................................................................................................

The documents attached to their appeal includes the order of Civil Judge Shri Ashish Aggarwal in the Suit No 90/2007 dated 24 Mar 2007. That this order had been set aside by the Hon'ble High Court of Delhi on 12 May 2008, has conveniently been concealed from the Cooperative Tribunal. In addition, there is a long list of inaccuracies in the appeal that will be published in this blog after that case is decided by the Cooperative Tribunal.

Update: M/S Chand Constuction Co. Vs DIN CGHS Ltd Case

18 Aug 2008
It may be recalled that M / S Chand Construction Co. had applied to the Court of District Judge, Delhi for execution of the High Court judgment and decree dated 17 Dec 2007. The Court of Shri BS Chumbak, ADS Judge, Tis Hazari Courts, Delhi had issued a ‘Show Cause Notice’ to the Society on 19 Jul 2008 and fixed 18 Aug 2008 as the date for hearing / filing the Society’s reply. On 18 Aug 2008, the President, Mr K Subramaniam, the person masquerading as the Secretary, Mr YS Mathur and Mr Rajeev Manchanda as well as the Society’s counselor failed to appear in the Court to present the Society’s stand. The Judge has ordered his bailiff to visit the Society on 01 Oct 2008 to prepare an inventory of the items, including the Society office that can be attached to recover the dues owed to M/S Chand Construction Co. The Court has set 31 Oct 2008 as the date for passing the final order for attachment of the Society’s effects.

On 10 Aug 2008, in a meeting of the members in the Society premises, Mr YS Mathur was questioned about the course of action in the case being adopted by the MC. He had informed that the MC would deposit Rs 10 Lakhs in the Court as part payment and inform the Court of impending MC elections and seek some more time to file the reply / make the payments. In hind site, this was a deliberate ploy to deceive the members present. This is the second known instance where the Management Committee led by Shri K Subramaniam has failed to reply to a 'Show Cause Notice' issued by the Courts to the Society. Seen against the backdrop of present MC’s desperate attempts to prolong their hold over Society’s management for as long as possible and by hook or by crook, such instances, where the Society stands to lose huge amounts, cannot be coincidental.

Letter to All Members

Dear Members,

DIN Cooperative Group Housing Society has been in existence for over a decade but has not evolved like other societies in Dwarka. Our logistics, finances and security remain an unfulfilled challenge. The present Managing Committee has been at the helm of affairs for the last six years (The President, Mr K Subramaniam for the last eight years), yet there are no Standard Operating Procedures (SOPs) in place, the Society’s financial health is in doldrums, the assets of the Society like the gensets, water pumps, lifts and building towers are poorly maintained and shabbily kept, reflecting a qualitative drop in general standards of living. Besides, selective application of rules and discriminatory treatment reserved for different members has encouraged undesirable divisive trends and groupism in the Society. In addition, dubious handling of two court cases (DIN CGHS Ltd Vs Rana Constructions and DIN CGHS Ltd Vs M/S Chand Construction Co) by the present MC has burdened the Society with financial liability of over Rs one crore (Log onto http://dinopeninfo.blogspot.com for details).

We have put our heads together and created a blog (http://dinopeninfo.blogspot.com) to provide members of DIN CGHS Ltd the very basic information about the Society and its affairs. In view of a total absence of cooperation from the present Managing Committee to usher in transparency in their functioning, the blog is an attempt to proliferate whatever little scraps of information that we have been able to lay our collective hands on.

In the larger interest of the Society, the resident members have formed a team of volunteers of established credentials to contest the Society elections scheduled to be held on 23 Aug 2008. We solicit your cooperation and request that you kindly vote for this team in order to transform our Society into a much better place to live in and be proud of. The team comprises of the following:
President - Mr AK Malpani, Flat No 163
Vice President - Mr Ranbir Singh, Flat No 12
Members

Mrs Jayini A Shekhar, Flat No 118
Mrs Swapna Ghose, Flat No 25
Dr AKUpadhyay, Flat No 84
Mr LC Tomar, Flat No 68
Brig Rakesh Goel
Col RC Kapoor, Flat No 24
Col Jagdish Madan, Flat No 87

This is issued on behalf of the above with their consent.

sd/xxx

(Ranbir Singh)
Flat No 12
Ph: 25080616

Note: The following members have contributed Rs 100/- each towards election expenses.

Mr AK Malpani

Mr Ranbir Singh

Col RC Kapoor

Brig Rakesh Goel

Mr AS Gulia

Mr NN Srivastava

Mr Suresh Srivastava

Col Jagdish Madan

Mr HS Monga

Dr AK Upadhyay

Mrs Rose Jha

Mrs Swapna Ghose

Mr LC Tomar

Deplorable Maintenance

The standard of maintenence, never a matter of pride for the present Management Committee, is at its worst! The fire fighting equipment has seen better days and is lying neglected. It would surprise no one if it fails to function in an emergency. Some of the pictures of the corridor ceiling of 'C' Block speak for themselves. How the funds are spent by the MC will need to be thoroughly investigated after the elections.

M/S Chand Construction Co Vs DIN CGHS Ltd Case in a Nutshell

(Suit No 214 / 2003)

1. The Society concluded a contract with M / S Chand Construction Co. on 26 Jun 1998 for ‘External Electrification & Sub Station Works’ at the Society premises.

2. Having executed the work, M / S Chand Construction Co. submitted the pre-final bill of Rs 11, 12, 886/- to the Society on 10 Oct 1999 for payment.

3. The Society issued an Account Payee Cheque No 484239 dated 30 Mar 2000 for Rs 11, 12, 886/- to M / S Chand Construction Co. with a request that the Cheque be presented to the bankers after funds become available in the Society’s account.

4. The Society allowed the validity of the period of the Cheque to lapse without depositing the required amount in its account.

5. M / S Chand Construction Co. continued to remind the Society of the pending dues and finally, on 31 Jan 2001, pointed out that another amount of Rs 3, 58, 140/- being security was also refundable by the Society to M / S Chand Construction Co. The Society was, therefore, requested to make the payment of Rs 14, 71, 020/- to M / S Chand Constructions Co. This amount was also checked and verified to be correct by the Society’s architect.

6. On 01 Nov 2001, the Society admitted before Shri BD Arora, Sole Arbitrator hearing the case that the claim of M / S Chand Construction Co. was correct. The hearing by the Sole Arbitrator was adjourned 19 times on request of the Society.

7. On 18 Aug 2003, the Sole Arbitrator directed the Society to pay Rs 14, 71, 026/- alongwith interest @12 % per annum from 01 Nov 2000 till the date of payment to M / S Chand Construction Co.

8. The Society appealed against the award of Sole Arbitrator in the court of Addl District & Session Judge Shri Vimal Kumar Yadav and the award was set aside on technical grounds, on 07 Sep 2005.

9. M / S Chand Construction Co. filed an appeal in the High Court of Delhi against the order of Addl District & Sessions Judge Shri Vimal Kumar Yadav and set aside the latter’s impugned order dated 07 Sep 2005. The High Court, on 17 Dec 2007, upheld the award of Sole Arbitrator and directed the Society to make the payments as directed by the Sole Arbitrator and additional Rs 10,000/- for legal costs paid by M / S Chand Construction Co.

10. M / S Chand Construction Co. applied to the Court of District Judge, Delhi for execution of the High Court judgment and decree dated 17 Dec 2007 and the request includes attachment of the Society’s Office and movable properties like furniture, computers, vehicles for recovery of a sum of Rs 29, 64, 656.13 with post decretal interest @ 12 % p.a. from 01 Mar 2008 on the sum of Rs 29, 64, 656.13 till the date of payment.

11. As per the ‘Show Cause Notice’ dated 19 Jul 2008 issued to the MC, the case will come up for hearing on 18 Aug 2008 in the Court of Shri BS Chumbak, ADS Judge, Tis Hazari Court, Delhi. This is also likely to cost each member Rs 19, 000/-

12. Apart from the above case, and the case against Rana Constructions, that the Society has lost due to amazing inefficiency and incompetence of the MC imposing avoidable financial burden on the members, there are other legal cases that the present MC has resolutely refused to disclose to the members. It may be noted that the Single Judge High Court order against the Society was passed on 17 Dec 2007 and the last General Body Meeting was held eight days later on 25 Dec 2007. Yet, neither the President, Shri K Subramaniam nor the Secretary, Shri YS Mathur thought it prudent to inform the members and invite constructive suggestions. Infact, apprehending foul play on part of the MC, details of the court cases pending against the Society have been demanded from the MC from time to time; without any positive response.

Update: 18 Aug 2008

It may be recalled that M / S Chand Construction Co. had applied to the Court of District Judge, Delhi for execution of the High Court judgment and decree dated 17 Dec 2007. The Court of Shri BS Chumbak, ADS Judge, Tis Hazari Courts, Delhi had issued a ‘Show Cause Notice’ to the Society on 19 Jul 2008 and fixed 18 Aug 2008 as the date for hearing / filing the Society’s reply. On 18 Aug 2008, neither any member of the MC nor the Society’s counselor was present in the Court to present the Society’s stand. The Judge has ordered his bailiff to visit the Society on 01 Oct 2008 to prepare an inventory of the items, including the Society office, that can be attached to recover the dues owed to M/S Chand Construction Co. The Court has set 31 Oct 2008 as the date for passing the final order for attachment of the Society’s effects.

On 10 Oct 2008, in a meeting of the members in the Society premises, Mr YS Mathur was questioned about the course of action in the case being adopted by the MC. He had informed that the MC would deposit Rs 10 Lakhs in the Court as part payment and inform the Court of impending MC elections and seek some more time to file the reply / make the payments. In hind site, this was an obvious ploy to deceive the members present.