Wednesday, April 1, 2009

VIVEK CHANDER SOOD: A PECULIAR CASE EMERGES

Mr Vivek Chander Sood, Membership No 433 started paying intermittent visits to the Society to enquire the status of allotment of a flat to him. He was told that the present MC is not conversant with his case and would need time to study the same before making any committment to him.On 19th March 2009, a letter was received from Shri Vivek Chander Sood requesting the Society to expedite allotment of a flat to him. His case was then studied in detail by three independent members (Shri NN Srivastava, Shri Suresh Srivastava and Shri AS Gulia). Highlights of the case are summarised in succeeding paras.



2. Shri Vivek Chander Sood was enrolled in the Society on 3rd November 1995 and was given membership No. 433. A share certificate was also issued to him.



3. His name was excluded from the draw of lots held on 04 Oct 1998 as he had not paid the qualifying amount. Details of payment received from Shri Vivek Chander Sood up to 04 Oct 1998 are as under:-

Date Cheque No Amount Receipt No. Details.

(a)03 Nov 95 Cash Rs. 110.00 2053 Adm.& Share Money
(b)03 Nov 95 128698 Rs. 25,000.00 2054 Part of Land Money
(c) 25 Feb 96 718218 Rs. 90,000.00 2171 Land Money
(d) 22 Feb 97 726131 Rs. 10,000.00 2524 Land Money Rs.1,15,000.00 Construction Money
(e)13 Mar 97 001772 Rs.1,03,000.00 2572 - do –
(f)12 Apr 97 726145 Rs. 50,000.00 2642 - do –
(g)16 Jun 97 753802 )
003800 )Rs. 91,500.00 2791 - do -

Total: Rs.4,84,500.00



4. Details of amount paid by Shri Vivek Chander Sood after the draw of lots held on 04 Oct 1998 are as under:-

Date Cheque No. Amount Receipt No. Details.

(a) 09 Oct. 98 407978 Rs. 51,000.00 3723 Construction Money
(b) 28 Oct. 98 167748 Rs.1,15,000.00 3737 - do -
Rs.2,25,000.00 Development Money

Total amount paid Rs.8,75,500.00



5. The RCS, vide letter No. F.47/852/Coop/GH/SW/399 dated 07 May 2002, had advised the Society to forward the name of Shri Vivek Chander Sood to the DDA for conducting a draw of lot, subject to the condition that he has cleared all outstanding dues to the Society. The RCS also advised the DDA to conduct the draw of lot for Shri Vivek Chander Sood vide letter No. F.47/852/GH/Coop dated 29.07.2002.



6. The Society, vide letter No. DIN/433/2002 dated 30 Jul 02 requested the DDA to conduct a draw of lot to allot one of the four vacant flats to Shri Vivek Chander Sood. The vacant flats identified by the Society for inclusion in the draw were Flat Nos. 19, 53, 110 and 164. It was pointed out that Flat No. 19 was allotted to Shri Prasheel Bhardwaj in the draw of lot held on 04 Oct 98 but he had subsequently resigned from the membership of the Society.



7. There is no record of what transpired in the case thereafter up to 14 Feb 2006. On that date the Society received DDA letter No. F.7(132)92/GH/DDA/2142 dated 14 Feb 06 requesting the representatives of the Society, the RCS and Shri Vivek Chander Sood in person to be present in the office of Asstt. Director (GH), DDA at 3 PM on 22 Feb 06 for the draw of lot. The Society was advised to inform the RCS and Shri Vivek Chander Sood of the impending draw of lot, the venue and time of the event. There is no record of what happened on 22 Feb 06 and why the draw was not held.



8. In May 2006, the Society received DDA letter No. F.7(132)92/GH/DDA/5815 dated 04 May 06 fixing the draw of lot for 3 PM on 12 May 06. There is no record held in the office of any progress on the case thereafter. With the receipt of the present Cheque No.949178 for Rs.79,500/- Shri Vivek Chander Sood has paid Rs.9,55,000.00



9. Dues against Shri Vivek Chander Sood outstanding as on date are as under:-

(a) Construction Money Rs 49, 500.00

(b) One Time Maintenance Rs 25, 000.00

(c ) Electricity Security Rs 5, 000.00

(d) Land Tax (One time payment) Rs. 3, 000.00

(e) Rain Water Harvesting Rs. 1, 100.00

(f) Ground Rent 2001 to 2008 @ Rs.2935/-p.a.Rs. 23, 480.00

(g) Maintenance @ Rs.600/- p.m. w.e.f.
Oct.99 to Marc 06 (78 months) Rs. 46, 800.00

(h) Maintenance @ Rs.800/- p.m. w.e.f.
Apr 06 to Mar 09 (36 months) Rs. 28, 800.00



(i) Building Maintenance Fund @ Rs.200/- p.m.
w.e.f. Apr 06 to Mar 09 (36 months) Rs. 7, 200.00

(j) Electricity fixed charges @ Rs.140/- p.m.
from Aug. 03 to Aug. 08 (61 months) Rs. 8, 540.00

(k) Electricity fixed charges @ Rs.160/- p.m.
from Sep.08 to Mar 09 (7 months) Rs. 1, 120.00
--------------------
Rs 1, 99, 540.00
(l) Interest on (a) to (k) @ 12% p.m. from
2001 to 2008. Rs 1, 91, 558.40

(j) Chand Case Rs 10, 500.00
--------------------
Total Rs 4, 01, 598.40

Amount Received Rs 79, 500.00
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Total Dues Rs 3, 22, 098.40

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10. Should the DDA hold the draw of lot in the near future, it would be prudent to raise the demand for dues outlined in Para. 9 with Shri Vivek Chander Sood and insist upon payment prior to handing over possession of the flat to him.


11. The contents as enumerated above have been examined for correctness by three independent members and they have certified them to be true and in accordance with facts on file. The MC in its meeting held on 05 Apr 2009, decided to once again have the file examined in detail to avoid legal hassels at a later stage. The files have been given to Mr LC Tomar to study and give his recommendations.

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