SPECIAL GENERAL BODY MEETING
(30 AUGUST 2009)
PROGRAMME
Ser No Time Event Remarks
1. 11 AM - Opening Address President
2. 11 AM - Obituary to Shri Ranbir Singh President
3. 11.05 AM - Discussion on Agenda Points President / Secretary
4. 12.30 PM - Points from Members President / Secretary
5. Break for Lunch - See Note 2 Below.
Notes: 1. Members are requested to be seated by 10.55 AM.
2.Dosa stall will be established and food will be available on cash payment.
SECRETARY’S REPORT
This report covers the period from 25 Dec 2007 (Date of last SGBM) to 30 Aug 2009. The report will be covered in ten parts as under:-
PART I - Obituary to Shri Ranbir Singh, Vice President
PART II - Elections 2008
PART III - Maintenance Effort.
PART IV - State of Funds.
PART V - Legal Cases.
PART VI - Issues with the DDA.
PART VII - Issues with the RCS.
PART VIII - Audit of 2008-09.
PART IX - Important Notices Issued (Only at dinopeninfo.blogspot.com)
PART X - Miscellaneous Issues.
PART I : OBITUARY TO SHRI RANBIR SINGH, VICE PRESIDENT
It is with a heavy heart that we inform all about the sad demise of our Vice President and a very senior member of the Society, Shri Ranbir Singh r/o of Flat No 12, on Sunday, Oct 12, 2008. He was a most sincere person who strived to achieve the best for the Society. A pillar of strength, he deployed all his stamina for the well being of the Society. We have lost one of the most hardworking, dedicated, honest and knowledgeable member.
We pray to the Almighty for the peace of the departed soul and offer our sincere condolences to the bereaved family. He is survived by his wife, two sons and a daughter. May God give them the strength to bear this loss with fortitude.
PART II: ELECTIONS 2008Circumstances Leading to Elections
The previous Management Committee (MC) led by Shri K Subramanian had assumed charge following elections held on 01 Jun 2002. They completed their mandate of three years on 31 May 2005. In spite of the members reminding them in writing on numerous occasions and during the infrequently held General Body Meetings that they must hold elections and step down honorably, they kept postponing the elections on one pretext or the other. When the members approached the Registrar Cooperative Societies (RCS) and the Lt Governor of Delhi with a request for elections to be held in the Society, the previous MC obtained a stay in Mar 2007 on holding of elections from a court that did not have the jurisdiction to pass such an order. Interestingly, they concealed from the court the fact that they had already completed their tenure of three years in office.
Since the management of the Society had deteriorated to an unacceptable level, the members were left with no alternative but to approach the High Court to have the stay on elections vacated. The High Court of Delhi passed an order on 12th May 2008 setting aside the lower court order, vacating the stay and ordering elections to be held within three months. The previous MC allowed the deadline set by the High Court to lapse and attempted to delay the elections even after the Registrar Cooperative Societies had appointed Shri Ashok Kumar Naved as the Returning Officer (RO) for conduct of the elections in the Society vide its letter No. F.47/ 852/GH/SW/Coop/1118, dated 16.06.08.
Upon intervention of the RCS, the elections to the Management Committee were held on 23 Aug 2008.
Post Elections DevelopmentsAfter the election results were officially notified by the Returning Officer, the previous MC delayed handing over the charge beyond the limit of 15 days laid down in the DCS Act 2003. The present Management Committee was forced to approach the RCS and simultaneously all bank accounts of the Society had to be frozen in order to persuade Shri K. Subramanian and his office bearers to hand over the charge. Finally, the charge of the Society was reluctantly handed over to the present MC at 9.30 PM on 14 Sep 2008. The observations of the present MC on the Charge Report were conveyed to the RCS and are attached as Appendix ‘A’.
Meanwhile, a last ditch effort was made by the previous MC to undo the electoral exercise. Some members, whose membership issue still rests with the RCS, were prompted to file a case with the Delhi State Cooperative Tribunal to declare the elections held on 23 Aug 2008 as null and void. The documents attached to their appeal included the order of Civil Judge Shri Ashish Aggarwal in the Suit No 90/2007 dated 24 Mar 2007 (Staying the elections in the Society). That this order had been set aside by the Hon'ble High Court of Delhi on 12 May 2008
was conveniently concealed from the Cooperative Tribunal. No order has been passed in the case till date and it is still pending with the DST.
The refusal by the then MC to acknowledge the election results displayed on the Society Notice Board by the RO, once again confirmed the nefarious attitude of the outgoing MC whose mandate had already expired on 31 May 2005. They managed to stick on to the management of the Society for over six years, deploying despicable tactics with blatant disregard for civilized behavior.
PART III: MAINTENANCE EFFORT
The present MC assumed charge of the Society under trying circumstances. There were no Standard Operating Procedures (SOPs) in place, the Society’s financial health was in doldrums, the assets of the Society like the gensets, water pumps, lifts and building towers, electric sub station, water pumping station were 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 had encouraged undesirable divisive trends and groupism in the Society. In addition, the Society was involved in serious, and sometimes avoidable, court cases that had damaging potential for the Society.
The present Management adopted a policy of striking a fine balance between maintenance, development, improvement and maintaining total transparency at the same time. With that as the guiding principle, the MC set about addressing the problems facing the Society.
Lawns
The Society lawns were poorly maintained with garden benches requiring repairs. An expert gardener was hired @ Rs.2, 000/- per month on a temporary basis in order to bring up the standard of lawns and the garden benches were repaired and painted. Due to paucity of funds, the children’s play stations could not be repaired / repainted.
Residential Towers
The three residential towers were in a state of disrepair, particularly ‘C’ Block whose roof and corridor ceiling were in a deplorable condition and needed urgent repairs. The outer concrete coating of ‘C’ Block could fall off any time and result in tragic consequences. The water escape pipes on the roofs of all three towers seemed never to have been cleaned. As a result, water stagnation after rains had damaged the structure of towers and needed immediate corrective measures. Since the iron grills and stair railings have not been painted, they had begun to rust. No white washing had been done for a long time. Major repairs were undertaken and white washing done in phases in order to span out the expenditure. The concrete coat of ‘C’ Block could not be repaired due to paucity of funds. The phase indicator lights on electric panels of all the blocks were not in working condition thereby making it difficult to identify faults and carry out repairs. The phase indicator lights were installed on priority.
Car Parks
The car parks were filthy, had plaster falling off and ceiling damaged at various places. In addition, the car parks had never been white washed. The car parks have since been repaired and white washed.
Fire Fighting Apparatus
Untested for many years, the fiber pipes had holes in them and equipment is likely to malfunction in an emergency situation. The glass panes of fire fighting housings were broken and keys to the doors missing. The steel doors have rusted due to non painting over the years. In addition, the brass nozzles of hose pipes and fire extinguishers had been stolen. No action on this could be taken due to paucity of funds.
Electric Sub Station & HT Rooms
Rooms housing the Electric Sub Station at the rear of ‘A’ Block as well as the BSES Transformers (HT Rooms) needed urgent repairs. Inexplicably, the floor of the room had caved in and rendered the approach to the machinery and electric panels extremely dangerous. Rusted iron gates and grills had dangerous protrusions. Complete repairs were undertaken and the electric sub station brought up to the required standards. The outer concrete coat of electric sub station was also repaired.
Generators
The main generator (63 KVA) had diesel pipes leaking at places and some of the oil seals had broken. The generator housing had a pool of wasted oil floating below the generator. The radiator was leaking and there was no harness to secure the battery. The sound proofing panels of the generator housing were damaged and the doors could not be locked. This was remedied immediately.
The small generator had not been serviced for a long time and was unserviceable. This has since been serviced and repaired.
Water Pumping Station
The pumping station in front of ‘A’ Block had water leaking from pipes and damaged gaskets of all the three water pumps resulting in accumulation of water there. The electric switches were missing and direct electric connections had exposed naked wires hanging loosely rendering any approach to the pumps extremely dangerous. The water pumps were repaired on priority and the pipes got rectified. A new starter was installed in the pumping station and proper switches fixed. All exposed naked wires were removed.
Submersible Pumps
Of the three submersible pumps, one required repairs (adjacent to ‘C’ Block), one had been abandoned (behind ‘A’ Block) and only one was functioning. The submersible pump adjacent to ‘C’ Block was repaired and the one behind ‘A’ Block was recovered, serviced and is being maintained as reserve for emergency.
Lifts
All the six lifts were screechy and shabby. The chutes were full of cob webs more often than not resulting in frequent break downs due to short circuiting. These anomalies were suitably addressed.
Lift Rooms
The lift rooms atop each residential tower had never been cleaned, the window panes were missing and there was no lighting arrangement for work in hours of darkness. This was also a complaint by Kone Elevators India Ltd. pending since last five years. The absence of window panes exposed the lift machinery to dust and rains; the consequences of which need no elaboration. All the anomalies have been taken care of.
Main Gate
The Guard Room at the main gate was filthy with wall plaster chipping at various places. The two toilets stank of urine and flush tank in one of the toilets was broken. There was no arrangement to post important notices for information of the Security Guards. The problem has been suitably addressed.
Society Office
This was the most disorganized area of the whole complex. It was unhygienic to work in with furniture damaged, one printer and one computer not in working order and the other pair was kept in a filthy state. One room was full of faulty, discarded electric meters, broken plastic chairs and damaged letter boxes. No Condemnation Boards had ever been carried out to dispose of unserviceable assets. Filing cabinets and almirahs were damaged, their keys missing and they were full of dust. The toilets and kitchen were extremely dirty with cob webs galore. The electric fans, bulbs and switches had a thick layer of dust on them. It took the new MC three days to make the place look like an office.
Land Strip
The land strip behind ‘A’ Block was lying waste and being used as dumping ground for Malba and garden waste. The same was got leveled and prepared to hold small individual functions and Society’s gatherings.
PART IV : STATE OF FUNDS
Funds Taken Over
(i) Balance in HDFC Bank Rs.10, 31,357/-
(ii) Balance in DSC Bank Rs. 1, 03,660/-
(iii) Cash in hand Rs. 9,140/-
(iv) FDs in DSC Bank Rs.12, 00,000/-*
Total Rs.23, 44,157/-**
*Six FDs of Rs. 2,00,000/- each were taken over. Two of them had already matured on 28 July 2008 and had not been encashed / renewed resulting in loss of interest to the Society.
**This includes Rs.7, 50,000/- contributed by 50 Members @ Rs.15, 000/- each towards Rana Case and which was later converted to advance of Maintenance Charges to be adjusted in future. This resulted in a drop of Rs.50, 000/- p.m. available to present MC for maintenance.
Liabilities Taken Over
(i) Electricity Bill for Aug. 08 Rs. 2, 40,597/-
(ii) Security Agency Bill for Aug. 08 Rs. 37,191/-
(iii) Telephone Bill for Aug.08 Rs. 2,311/-
(iv) Salary of employees for Aug.08 Rs. 23,340/-
(v) Chand Construction Case Rs.29, 64,656/-***
(vi) Water Bill from May to Sept.08 Rs. 37,099/-
(vii) AMC for Generator Oct.07 to Sep.08 Rs. 32,608/-
(viii) AMC for Lifts July to Sept 08. Rs. 55,991/-
Total Rs. 33, 60,793/-
*** On 17th Dec 2007, The High Court of Delhi had ordered the Society to pay Rs.29, 64,656/- by 31st Oct 2008 to Chand Construction Company. This fact was deliberately concealed from the Members. The present MC took charge of the Society at 9.30 PM on 14th Sept.08 and had only 15 days to organize the amount in order to comply with the High Court Order. The amount of Rs.29,64,656/- ordered by the High Court to be paid to Chand Construction Co. was negotiated and brought down to Rs.20,00,000/-.
Audit for 2007-08
The audit for 2007-08 had not been carried out and relevant documents for the same were not handed over. The present MC had to be ferret out details, compile the figures, reconcile with bank statements and then got the audit done. In the process, a lot of time was wasted which could otherwise have been fruitfully utilized. A copy of Audit Report 2007-08 is attached as Appendix ‘B’ and observations of the new MC on the Audit Report is attached as Appendix ‘C’.
PART V : LEGAL CASES
A total of ten cases were handed over to present MC without any briefing on the current status and court certified copies. Nor was the present MC informed about the next date of hearing in each case. Interestingly, the advocates Shri Sanjeev Gupta and Shri Rishi Agarwal handling various cases on behalf of the Society declined to continue with the cases after the elections; obviously at the behest of previous MC. The cases taken over and brief details of each are summarized below: -
Rana Case
1. Case in a nutshell. - Firstly, every effort to gain information about the case was frustrated by obduracy of the previous MC in revealing facts of the case to the members until it was too late. Secondly, the MC has deliberately concealed from the members as to how the case happened to be lost. This is explained below:
(a) In the builder – DIN CGHS Ltd agreement, there is a clause that in case of any dispute, the President of the Society will appoint a mutually acceptable arbitrator to sort out the dispute.
(b) Shri K Subramanian, the then President falsely denied holding the Contract in the Society. This has been proved by showing him a copy of the document with a receipt stamp of the Society during the Special General Body Meeting held on 07 Oct 2007.
(c) When the builder raised a demand of Rs 75, 00,000/- (Rupees Seventy Five Lakhs Only), rightfully, the President should have appointed an arbitrator as provided for in the agreement. Inexplicably, this was not done.
(d) The builder, having failed to get an arbitrator appointed by the President of DIN CGHS Ltd, approached the court of law.
(e) The court issued a notice to the President / Secretary of the Society regarding the appointment of an arbitrator.
(f) The President / Secretary of the Society did not even reply to the Court’s notice.
(g) The court appointed an arbitrator to sort out the dispute.
(h) The Arbitrator gave an award of Rs 75, 00,000/- (Rupees Seventy Five Lakhs Only) against the Society.Note: The keenness shown by the then MC to safe-guard the interests of the members is evident from the ruling of the Court “ I am afraid, learned counsel for the petitioner as also the petitioner have either not understood the simple accounting mechanism or are refusing to accept the truth”. The petitioner in the case is DIN CGHS Ltd.
2. Current Status of the Case - Due to Shri Rishi Agarwal withdrawing from the case, Shri Anil Nag was hired to represent the Society before the Bench of High Court in the case. During the briefing sessions attended by MC Members with the Advocate, the following important aspects of the case stood out:
(a) Documentary evidence to prove that the work remained incomplete beyond the PDC (31 Aug 1998) was available in the form of Minutes of the GBM held on 04 Mar 2004. However, this evidence was not produced before the Arbitrator.
(b) Documentary evidence to support that 70 flats remained incomplete and a payment made to Rana in May 2002 was towards completing this work has just been mentioned in our appeal without any evidence. Letters from affected members and photos of Flat No 164 could have been produced.
(c) Letters / warnings issued to Rana to complete the work in time are missing from records held by the Society and can only be explained by the then MC.
(d) Neither the Arbitrator nor the High Court was requested to inspect Flat 164 which is still incomplete.
(e) When the 18th Interim Bill / Pre-final Bill were sent by Shri Rana to the Society, the Society did not raise any points mentioning the incomplete work.
(f) No evidence was submitted before the Arbitrator / courts about delays by Rana in completing the construction.
(g) Shri Anil Nag did not sound optimistic about chances of winning the case as the case seemed to have been deliberately handled very poorly from the very start.
(h) According to him, the case could never have seen the light of day if the ‘Time Bar’ issue had been contested sincerely when the case was first filed by Rana.
(i) Members who took over unfinished flats should have been produced before the Arbitrator / courts earlier. It is too late now and would appear like an after thought.
(j) Supplementary bills presented by Rana Construction Co. in 2000 and 2001 i.e. after the date when the project should have been completed (31 Aug 1998), did not specifically mention the work for which the bills are raised. This fact has also not been pressed before the Arbitrator.
(k) 18th & Pre-final Bill where Rana has himself shown work worth 39 lakhs remaining balance (Yet to be done), was not highlighted before the Arbitrator.
(l) Architect’s Completion Certificate dated 24 Dec 2002 stating the work has been completed by Rana Construction Co. on the same date i.e. 24 Dec 2002 is against the Agreement between the Society and the Builder. Clause 12 read with Clause 42 of the Society – Builder Agreement clearly states that the authority to issue a Completion Certificate (CC) rests with the Society, after it is completely satisfied with the work done. The Architect had no business to issue the same to the builder. Shri BD Arora stated in his letter dated 21 Sep 2004 that he was unaware of any work done by the Contractor after 31 Aug 1998. How then did he issue a CC on 24 Dec 2002 to the Contractor? This point should have been strongly brought out.
(m) Architect’s CC dated 24 Dec 2002 was not filed with the claim statement but later on with additional documents – causes suspicion that this was procured later by the Contractor.
(n) TDS Certificate (Form 16 A) stating amount and TDS deposited with the Govt in 2001 and 2002 – proof that work continued after the stipulated date. This was not produced before the Arbitrator.
(o) Strangely enough, the Society has accepted before the Arbitrator that an escalation of Rs 42 lakhs was payable by the Society to the Contractor. Shri YS Mathur has submitted a signed certificate before the Arbitrator accepting that the Society owes an escalation of the amount to the Contractor.
(p) There is a repeated mention of 14th RA Bill while debating the date when escalation became due. The date of submitting the 14th RA Bill has not been mentioned anywhere. The document could not be located in the Society office. This is strange!
(q) The hearing of the case on 23 Jul 09 and 27 Jul 2009 in Delhi High Court could not take place. Next date of hearing is 03 Nov 2009.
Note: Despite the pessimism expressed by Shri Anil Nag over the likely outcome of the case, and bearing in mind that the stakes are unacceptably high for all of us, the MC has put in its best efforts to fight the case sincerely and to the best of its ability. The MC also had two meetings with Shri AS Rana to try and negotiate an out of court settlement with him. However, the efforts did not yield the desired results.
Chand Case
1. Case in a nut shell.
(a) 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. 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. The Society issued an Account Payee Cheque No 484239 dated 30 Mar 2000 for Rs 11, 12,886/- to M/S Chand Construction Co. Upon request of the Society, M / s Chand Constriction Co. delayed presenting the Cheque to his bankers.
(b) 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.
(c) On 01 Nov 2001, the Society admitted before Shri VD Tiwari, 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. On 18 Aug 2003, the Sole Arbitrator directed the Society to pay Rs 14, 71, 026/- along with interest @12 % per annum from 01 Nov 2000 till the date of payment to M/s Chand Construction Co.
(d) The then MC 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. 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.
(e) 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 included 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.
(f) The High Court judgment burdened each member of the Society with approximately Rs.19, 000/-. 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 then President, Shri K Subramanian nor the then Secretary, Shri YS Mathur thought it prudent to inform the members and invite constructive suggestions.
(g) 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 attachment of assets. On 18 Aug 2008, neither any member of the then MC nor the Society’s counselor was present in the Court to present the Society’s stand. The Judge had ordered his bailiff to visit the Society on 01 Oct 2008 to prepare an inventory of the items, including the Society office that could be attached to recover the dues owed to M/s Chand Construction Co. The Court then set 31 Oct 2008 as the date for passing the final order for attachment of the Society’s effects.
(h) Having taken over the Society on at 9.30 P.M. on 14 Sep 2008 and realizing that there was hardly any time left to comply with the Court’s order, a ‘negotiating team’ comprising of Brig Rakesh Goel, Col RC Kapoor and Dr AK Upadhyay was formed from amongst the new MC members, who met Shri Sumeet Chand and his lawyer on 21 Sep 2008 and again on 05 Oct 2008 to negotiate a better deal for the Society and save the members’ hard earned money.
(i) The Agreement on 20 Oct 2008 - Following protracted negotiations, an Agreement was signed between the Society and Chand Construction Co. Highlights of the Agreement are as follows:-
(1) Rs 20 lakhs will be the total amount to be paid to Chand Construction Co.
(2) Rs five lakhs to be paid by 06 Oct 2008. This was done on the spot.
(3) Rs 11 lakhs is to be paid by the Society by 31 Oct 2008 i.e. the date set by Court for passing the final order.
(4) Balance of Rs four lakhs is to be paid by the Society on or before 15 Nov 2008.
(5) If the Society defaults in keeping the above schedule, for any reason whatsoever, then the Agreement would stand abrogated and the Society will have to pay the entire amount of over Rs 32 Lakhs as ordered by the High Court.
(6) The Agreement signed between DIN CGHS Ltd and Chand Construction Co was presented in the Court on 31 Oct 2008 to conclude the case.
2. Current Status As per Agreement dated 06.10.2008, complete amount of Rs.20,00,000/- has been paid to Chand Construction Co. and the Society’s obligation in this regard has been met within the dead line set in the Agreement. The Agreement has been filed in the Court of Shri SS Handa in Tis Hazari Court.
Notes :
(1) Two FDs, each of Rs.2,00,000/- held in DSC Bank were encashed for payment of the last installment of Rs.4,00,000/-.
(2) Members have contributed @ Rs.10, 000/- each towards payment of the costs negotiated. Only six members are yet to contribute their share of liability. Their names are as under: -
Sr. No. Membership No Flat No. Name of Member
1. 497 4 Shri A. K. Goel,
2. 426 15 Shri Mukesh Malhotra
3. 388 56 Shri Anand Gupta
4. 472 62 Shri H. K. Meena
5. 523 75 Smt. Suchishmita Bhuyan
6. 519 120 Smt. Poonam
3. The case has since been closed.
Jeet Raj Sethi Case
1. Case in a nut shell
(a) Smt. Kamlesh Sethi became a member of Din CGHS Ltd. on 02.07.95 and was allotted membership No. 429.
(b) Upto 4th Oct. 1998, she had paid only Rs.5, 50,000/- towards cost of the flat.
(c) Since she has not paid the qualified amount by the date of draw of lots, numerous reminders were sent to her for payment of her dues.
(d) Failing to get any positive response from her, the Society took up a case with the Registrar Cooperative Societies (RCS) for her expulsion.
(e) Following due process of law, the RCS approved her expulsion from the Society on 01.02.2001.
(f) She had nominated Shri Harsh Sethi, her son, as her nominee and the record was held in the Society office.
(g) Unfortunately, Smt. Sethi expired on 06.01.02.
(h) Shri Jeet Raj Sethi husband of Smt. Kamlesh Sethi staked a claim to the amount of Rs.5, 50,000/- deposited by her.
(i) The then MC refused to acknowledge the fact that Smt. Kamlesh Sethi had named any nominee and denied holding any record to that effect. The then MC declined to make the requisite refund either to Shri Jeet Raj Sethi or to her nominee.
(j) Shri Jeet Raj Sethi approached the District Consumer Disputes Redressal Forum for recovery of the amount.
(k) On 25.02.08 the District Consumer Disputes Redressal Forum ordered that the legal representative of deceased Smt. Kamlesh Sethi is entitled to withdraw the amount of Rs.5, 50,000/- together with an interest of 9 % p.a. from the date of deposit to the date of realization.
(l) The then MC concealed this fact from the members and appealed against the order in State Consumer Disputes Redressal Commission.
2. Current Status of the Case
(a) The present MC, guided purely by the Society’s moral obligation to a deceased member, particularly one who had declared her nominee and record to this effect was available in the Society office saw no merit in continuing with the case.
(b) Accordingly, an Agreement for ‘out of court’ settlement with Shri Jeet Raj Sethi was arrived at on 30th May 2009. The terms of the Agreement are listed below: -
(i) That Shri Jeet Raj Sethi, father of the nominee, Shri Harsh Sethi will receive Rs.5, 50,000/- without interest.
(ii) That neither Shri Jeet Raj Sethi nor any other legal heirs will put up their claim on the basis of membership No.429 against the Society in any manner.
(iii) Indemnity Bond indemnifying the Society from consequences of this Agreement was obtained.
(iv) Shri Harsh Sethi, the legal nominee of the deceased Smt Kamlesh Sethi, had rendered a no objection certificate as well as executed a Special Power of Attorney in favour of his father Shri Jeet Raj Sethi.
(v) The amount of Rs.5, 50,000/- due from the Society to late Smt. Kamlesh Sethi is being paid to Shri Jeet Raj Sethi in the following manner:-
(aa)First installment of Rs.2, 00,000/- (Rupees two lakhs only) by 31st July 2009.
(ab)Second installment of Rs.1, 00,000/- (Rupees one lakh only) by 26th October 2009.
(ac)Third installment of Rs.1, 25,000/- (Rupees one lakh twenty five thousand only) by 30th November 2009.
(ad)Fourth and final installment of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) by 31st December 2009.
Notes:
(1) Relevant papers have been filed in the District Consumers Disputes Redressal Forum and the ‘Agreement’ in State Consumers Disputes Redressal Commission will be filed on 26th Oct 2009 for withdrawal of existing cases / closing the same.
(2) The case has been fought for years wasting members’ hard earned money without any valid reason.
(3) The first installment of Rs.2, 00,000/- (Rupees two lakhs only) has been paid to Shri Jeet Raj Sethi on 31st July 2009 vide State Bank of Indore Cheque No 653065 dated 31 Jul 2009.
Shyam Chaudhary Case
1. Case in a Nutshell - Shyam Chaudhary’s Version:
(a) Shri Madan Sharma sold Flat No 2 to Shri Shyam Choudhry for Rs. ten lacs on 08 Sep 2000 through M/s Kanu Estates Pvt. Ltd. ‘Sale Agreement’ is on file.
(b) The ‘Sale Agreement’ states that the Flat was in possession of Shri Madan Sharma on the date of the signing of the Agreement.
(i) Shri Madan Sharma was allotted Flat No 122 but got it changed to Flat No2.
(ii) Shri Shyam Choudhry states that he was given possession of Flat No 2 and that he had put his lock on the premises.
(c) Original Share Certificate No. Nil of Shri Madan Sharma dated 08 Sep 2000 issued to him by the Society was handed over to Shri Shyam Chaudhary. (Signed by Dr Subhash Bhargava).
(d) Following other documents were also handed over to Shri Shyam Chaudhary by Shri Madan Sharma:-
(i) GPA.
(ii) Two Special Pas.
(iii) Indemnity Bond.
(iv) Will.
(v) Two Affidavits.
(e) NOC of the Society dated 08 Sep 2000, signed by the then President Sh. Subhash Bhargav, was also handed over to him.
(f) Shri Shyam Chaudhary visited the Society in Sep 2002 to get the Flat renovated, but was not allowed access by the Society.
(g) Prayer
(i) He be given possession of the Flat.
(ii) Any other order.
2. Written Statement of the Society
(a) Shri Shyam Chaudhary has a habit of filing false complaints / cases against the Society. He had issued Notices dated 31 Jan 2003 and 26 Feb 2003 to the Society under Section 138 saying that Shri Madan Sharma had taken a loan of Rs 20 lacs @ 18 % interest p.a. from him.
(b) The loan was supposedly given to Shri Madan Sharma on 12 Sep 2000.
(c) Shri Shyam Choudhry simultaneously filed complaints with DCP, Economic Offenses Wing (Crime Branch). In his complaint he has stated that Shri Madan Sharma had taken a loan of Rs 20 lacs from him and was not returning the same. In the present Suit 52 B, he made a totally different story. That he had bought Flat No 2 from Shri Madan Sharma.
(e) The fact is Shri Madan Sharma was never given possession of Flat No 2.
(f) Shri Madan Sharma had himself handed over possession of Flat No 122 to Jaswanti Devi on 06 Sep 2000 (Prior to the alleged ‘Sale Agreement’ with Shyam Chaudhary).
(g) Since the Society is registered under Delhi Cooperative Societies Act 1972, the court had no jurisdiction to entertain the Suit. (Section 60 read with Section 93).
(h) Shri Madan Sharma was a joint member of the Society along with his son Tushar. The ‘Sale Agreement’ has been executed only by Shri Madan Sharma.
(i) Flats Nos. 2 and 122 cannot be inter-changed without concurrence of the RCS and DDA. They are, therefore, parties to the dispute. Since their approval has not been sited, the case is liable to be dismissed.
(j) That Shyam Chaudhary is supposed to have bought Flat No 122 from Shri Madan Sharma but wants possession of Flat No 2.
(k) Shri Shyam Choudhry has concealed from the court vital facts about his complaint to DCP and EOW and its contents. His complaints are inconsistent.
(l) Cash payments and receipts to the tune of Rs ten lacs are not permissible under the law and contrary to Income Tax Act. (For purchase of property).
(m) Shri Shyam Choudhry was never in possession of any flat in the Society.
(n) Shri Shyam Choudhry and Shri Madan Sharma are acting in collusion and active connivance of each other to cause loss to the Society.
(o) The ‘Sale Agreement’ mentions Flat No 122 where as Shri Madan Sharma had promised to sell Flat No 2 to Shri Shyam Chaudhary.
(p) The ‘Sale Agreement’ was signed after possession of the Flat 122 was handed over to Smt Jaswanti Devi.
(q) The ‘Sale Agreement’ is not a registered document.
(r) Shri Madan Sharma is a habitual defaulter in making payments to the Society.
(s) The Share Certificate is a manufactured document without any number and prepared in connivance of Dr Subhash Bhargava.
(t) Flat No 122 was handed over to Jaswanti Devi on 06 Sep 2000. There is no question of giving NOC for the same Flat on 08 Sep 2000.
Note: The case was dismissed in default by Shri NK Kaushik, ADJ on 31 Aug 2004 as ‘none for plaintiff responded’.
No Records of how or when the case was revived are available.
Other Cases
1. DIN CGHS Ltd Vs Madan Sharma in Rohini Courts.
2. DIN CGHS Ltd Vs Madan Sharma in Tis Hazari Courts.
3. Om Prakash Vs DIN CGHS Ltd in Tis Hazari Courts.
4. Om Prakash Vs DIN CGHS Ltd in Tis Hazari Courts.
5. Madan Sharma Vs DIN CGHS Ltd in DCR Forum.
6. DIN CGHS Ltd Vs Praveen Kumar in Delhi State Cooperative Tribunal.
7. Prasheel Kumar Vs DIN CGHS Ltd in RCS’ Court.
8. Inderjeet Mankotia & Others Vs RCS & Others in DSC Tribunal.
Note: Files on above cases that were taken over from the previous MC are incomplete with pages missing. The files can be viewed by the members in the Society office on any working day.
PART VI: ISSUES WITH DDA
1. Completion Certificate. The DDA had issued Show Cause Notice No. No. F.23 (33)/95/Bldg./18 dated 18/06/09 to the Society to comply with the mandatory requirement of obtaining a ‘Completion Certificate’ from it. In addition, the Society was informed that a few members had violated the DDA by laws and covered / extended their balconies. On 09 Jul 2009, it was personally explained to the Dir (L & I) Shri AK Manna by the Secretary and Shri VS Nagar that the members concerned had merely covered the balcony openings with glass and that it was already covered with a roof earlier. The Dir (L & I) rejected the explanation but advised that a fresh application for revised plans be submitted to the DDA where-in the present extension of the balconies will be included within the flat and area of the building will show an enhanced FAR of 167 Sq Mtrs (The present FAR is 133 Sq mtrs). He laid down a deadline of 09 Sep 2009 for the application to be submitted, failing which the Society will have to pay a heavy penalty. The issue will be decided after taking concurrence of the members during the SGBM
2. Ground Rent Arrears. The DDA vide its letter No F7(132)/92/GH/207 dated 1st Jan 2009 has indicated that there is an outstanding amount of Rs 24, 23, 730.75 against the Society in ground rent arrears to be paid. They have raised the demand for the amount and we have sought clarifications on the issue. The members will be informed of the outcome as and when received from the DDA. In the meantime, it has been discovered that some members have not paid their ground rent for years and are concealing the fact that their applications for conversion of their flats from lease hold to free hold have been rejected by the DDA. Such members are requested to kindly pay their respective ground rent arrears to avoid having to pay heavy interest amounts at a later stage.
PART VII: ISSUES WITH THE RCS
1. Approval of Memberships of personnel enrolled after the draw of lots held on 4th Oct 1998.
2. Status of membership of Shri Anil Sharma who had allegedly been given possession of Flat No 38 by the previous MC after he had been expelled from the Society by the RCS vide Order No Reader/RCS/99/967-972 Dated 19 Feb 1999. A possession certificate was also issued to him by the previous Secretary. On 25 Feb 2009, the Registrar in the presence of Col Jagdish Madan, Retd and Shri Anil Sharma termed this an illegal act on part of the office bearers of that time. Advice of the RCS has been sought for further action in the matter.
PART VIII : AUDIT OF 2008-09
Application for appointment of an auditor for auditing accounts for the period Apr 2008 to Mar 2009 has been submitted to the RCS. It may be noted that the accounts for the year were handed over to the present management in Sep 2008. It is once again a major head ache for the current management to ferret out details of expenditure made by the previous management from Apr to mid – Sep 2008. The observations of the MC on the state of accounts taken over from the previous MC were conveyed to the RCS.
PART IX : IMPORTANT NOTICES ISSUED
Ref. No. DIN/Notice/2008 Date: 25th Oct.2008
REG: WATER MANAGEMENT
With gradual reduction in quantum of ground water being mixed with MCD supplied water, over the last six weeks; it has been possible to improve the quality of water for domestic use. However since the MCD supplied water is not unlimited and supplied only for three hours a day (4.30 PM to 7.30 PM), use of water for floors and watering plants would restore status quo.
Residents are requested to ensure that no water is used for washing of floors and watering plants as this would create a shortage that would have to be made up by mixing ground water. This in turn would result in deterioration of water quality. Incidentally, these two factors chiefly responsible for residential towers developing cracks and stretching already meager maintenance funds of the Society.
It may be noted that DDA inspectors in the past have objected to ornamental plants being placed in corridors (common area) by residents and have warmed of a heavy penalty upon the Society should this practice not seize. In addition, the water flow on upper marks stains on staircases and splashes on people walking below.
All residents are requested to kindly cooperate in keeping the Society cleaned and well maintained.
Ref. No. DIN/NOTCE/2008 Date: 25th Oct.2008
Ref. PAMENT OF MTNL BILLS.
Senior citizens and lady residents staying alone can deposit their MTNL Bills duly filled in along with the Cheque for the required amount with Society Office by 10th of every month. This office will deposit the bills centrally with MTNL. MTNL receipts will be delivered at doorstep by 20th of the month.
This facility being extended is restricted to bills paid through cheques only.
Ref No. DIN/C Block/2008 1st Nov. 2008
MAINTENANCE OF ‘C’ BLOCK
Instance of excessive seepage/leakage in ‘C’ Block have been reported recently. Placing of garbage/domestic trash next to the garbage chute has added to the overall unkempt look the residential tower. An analysis of the cause has revealed that the seepage begins from the corridor ceiling where residents have placed flower pots and washing of floors permitting free flow of water.
Residents are requested to instruct their respective maids to dispose off their trash through the chute provided for the purpose and avoid free flow of water to floors below their own. The MC is determined to improve the overall standards of maintenance and cleanliness of all blocks. Towards this end, some repairs to ‘C’ Block have already been carried out; however, this would prove an exercise in futility if washing of floors is not stopped and the flower pots not removed to prevent water flowing down.
Members /Residents are requested to cooperate with MC in ensuring better environment is maintained.
Ref No.DIN/53/2008 Date: 7th Nov.2008
NOTICE
Constant and since efforts are being made to improve the standard of maintenance in the Society. Towards this end, recent repairs to ‘C’ Block have been carried out and painting is already underway. However, some residents have ignored the Management’s request to avoid washing their floors and keeping flowerpots in the corridors thereby permitting free flow of water to lower floors. This has been identified as the major cause of structural damage, avoidable loss of potable water and also leaves dirty stains on the ceilings of lower floors.
Besides, frequent washing of floors and watering of plants are developing cracks in the walls and creating huge gaps between the external concrete coat & the walls. The concrete coat is likely to fall and endanger the life & limb of the residents / children, who are either playing or walking on the floor. It is, therefore, of utmost importance to stop washing of floors and to remove all pots/ plants from all the floors to prevent free flow of water. This would also help overcome the scarcity of potable water.
It is once again reiterates that-
1. Washing of floors is prohibited and only mopping can be carried out;
2. Plants or pots kept in the corridors or on the projected place of each floor are to be removed immediately.
Cooperation from all residents and members is solicited.
Ref No.DIN/NOTICE/2008/2 Date: 13th Nov.2008
REG: PAYMENT OF BILLS.
Further to our Notice No.DIN/NOTICE/2008 dated 25th October 2008, it has been decided to extend the facility of payment of MTNL,Airtel.IGL Bills to all senior citizens and lady residents staying alone. Cheques of required amount with bills duly filled in may be sent to Society Office between 10 AM to 5 PM and the same will be paid centrally. The receipts will be delivered at doorstep as early as possible.
The facility being extended is restricted to bills paid through cheques only.
Ref.No.DIN/Nominations/2008/1 Date: 14th Nov.2008
NOTICE.
On scrutiny of “Nominations Record” held in this office, certain discrepancies have been observed which are enumerated hereunder for information of all concerned. It is utmost importance to complete the nomination record an all respect and submit the same in the Society, s office. Necessary nomination forms are available in the office:-
I. MEMBERS’ NOMINATION NOT AVAILABLE IN RECORD:
S.NO. MEMBERSHIP NO. FLAT NO. NAME OF MEMBER
1. 150 111 Shri Manoj Gautam
2. 246 121 Smt. Usha Vyas
3. 250 143 *Shri Y.D.Saxena
4. 257 144 *Smt. Aruna Sharma
5. 269 10 Shri Amit Verma
6. 279 81 Shri B.D.Wadhwa
7. 280 125 *Smt. Sarla Shukla
8. 281 79 Shri Vinod Kumar
9. 283 72 Shri Rajendra Singh
10. 287 69 Brig.Rakesh Goel
11. 288 36 Brig.KKV Khanzode
12. 297 1 Shri S.M.Jha
13. 301 134 *Shri Sorabh Saxena
14. 305 83 Smt.Neelam Sharma
15. 324 159 Shri A.K.Bhola
16. 328 7 Smt.L.Savithri
17. 335 97 Dr. Aqbal Singh
18. 353 63 Shri Raeev Manchanda
19. 354 153 Shri Sanjay Vig.
20. 358 51 Shri Girish Kumar
21. 384 124 Smt. Madhu Sehgal
22. 388 56 *Shri Anand Gupta
23. 389 115 Smt. Shobha Devi
24. 391 154 Shri V.K.Kejriwal
25. 402 65 Shri Punit Bhatia
26. 405 64 Shri K.Balasubramania
27. 408 158 Dr.R.K.Gupta
28. 418 126 Shri S.C.Sethi
29. 426 15 Shri Mukesh Malhotra
30. 441 131 *Smt. Savita Gaur
31. 445 96 Shri P.K.Sharma
32. 449 91 Smt.Sushma Jhingran
33. 468 60 Shri K.Subramanian
34. 469 74 Smt. Aruna Vijay
35. 471 78 *Smt.Shanti Agnihotri
36. 472 62 Shri Hari Kishan Meena
37. 477 140 *Shri Jaideep Govind
38. 478 17 *Shri Madan Lal Gupta
39. 483 141 *Smt. (Dr.) Abha Govind
40. 484 99 Shri Tarun Swarup
41. 485 77 Smt.Meera Swarup
42. 497 4 Shri Anil Kumar Goel
43. 510 89 Shri Kapil Bhatia
44. 512 136 Shri Ramoday Singh
45. 513 116 Shri Vinod Dangi
46. 514 82 Smt. Maju Srivastava
47. 516 3 Shri Rakesh Mehra
48. 517 86 Smt.Navita Singh
49. 518 13 Shri K.L.Sharma
50. 519 120 *Smt.Poonam
51. 520 76 *Smt.R.Jaya
52. 521 157 Col.Satya Vir Yadav
53. 522 152 *Shri Shiva Anand Bharti
54. 523 75 *Smt. Suchishmita Bhuyan
55. 524 155 *Shri Arun Kumar
______________________________
* No signature of member in nomination register.
II. MEMBERS WHO HAVE NOT SIGNED THE NOMINATION REGISTER:
S.NO. MEMBERSHIP NO. FLAT NO. NAME OF MEMBER.
1. 243 46 Smt. Geetika Somani
2. 254 52 Smt. Rashmi Sethi
3. 268 33 Shri Deepak Indoliya
4. 284 138 Smt. Ranjana Verma
5. 313 23 Shri Subhas Ch.Verma
6. 327 70 Shri Ashutosh Kr.Agarwal
7. 346 150 Smt.Madhu Malik
8. 366 67 Major Prasanna Shrikhande
9. 374 43 Shri N.C.Meena
10. 376 107 Dr.Vinod Kumar Ramteke
11. 378 113 Lt.Gen.D.B.Shekhatkar
12. 442 88 Shri Atul Kumar Agarwal
13. 446 35 Shri J.C.Pant
14. 447 20 Shri Lalit Pant
15. 458 100 Shri Rahul Kr Dharmadhikari
16. 486 8 Smt.Harveen Kaur
17. 487 112 Smt.Sanhita Dharmadhikari
18. 490 162 Shri S.Chandrashekhar
19. 491 48 Smt. Rashmi S.Chari
20. 494 151 Shri P.N. Kanth
21. 499 142 Shri Digvijay Kumar
III. NO PHOTOGRAPH OF THE NOMINEE PASTED ON THE FORM:
S.NO. MEMBERSHIP NO. FLAT NO. NAME OF MEMBER
1. 444 18 *Shri D.K.Sharma
2. 481 129 Shri Ramji Prasad Srivastava
3. 507 37 Smt. Randeep Kaur
(No photo of member also)
4. 508 156 Smt. Anupamjit Kaur
(No photo of member & Signature of nominee)
______________________________
* No signature of member in nomination register.
Ref.No.Din/GA/Election/2008 24th Nov.2008
NOTICE.
Photocopy of pages 17 to 25 of Electoral Roll 2008 of Assembly Constituency 34- Matiala (General), Delhi (Part No.38) is available in Society Office.
All concerned are informed to view the same, if so desire, in the Society's Office between 10 AM to 5 Pm on any working day.
Ref.No.DIN/ Date: 24th Nov.2008.
Sub: UNATTENDED CAR DL 3 CU 9279.
This is for the information of all members/residents that an Indica Car having Registration No. DL 3 CU 9279. which is parked on the rear side of Block “B”, for several days is not registered with office.
The owner of the car is requested to contact Society Office immediately, failing which the police will be informed accordingly and the car will be towed away.
Copy to: Secretary, Ispatika, Sector 4, New Delhi – A Sticker of your Society is affixed on the windscreen of above-mentioned Indica Car. You may like to confirm the owner of this car at your earliest.
Ref.No. DIN/NOTICE/2008 27th Nov.2008
Sub: NEW REGiSTRATION FOR PNG CONNECTIONS.
The subject matter was taken up with the IGL and they have agreed to commence registration for new connections to DIN CGHS LTD. IGL authorised direct marketing agent M/s Yogmaya & Company will be visiting our complex at 1000 hours on Sunday, the 30th November 2008, for the purpose. The main terms and conditions are as under:-
(1) The registration form can be obtained by paying an application fee of Rs.300/- in cash.
(2) For registration, customer shall pay an interest free refundable security deposit of Rs. 5000/- per domestic connection. The payment is accepted only through cheque or DD payable in favour of ‘Indraprastha Gas Limited’.
(3) The domestic PNG customer shall bear the actual cost of material and labour charges for GI pipe in excess of 10 meters after metering unit excluding rubber tube.
Those who are interested may contact the representative of M/s. Yogmaya & Company on Sunday the 30th Nov.2008 from 1000 hours onwards in the Society Complex. Please note that only 30 connections have been promised to the society.
Ref.No.DIN/NOTICE/2008. Date: 2nd Dec.2008.
NOTICE
‘C’ Block has recently been repaired and painted in all an attempt to make it presentable again. However, it has been observed that in site of our repeated requested/notice a few residents are still -
(1) Continuing to wash their balconies allowing free flow of water to lower floors, thus damaging the building as well as the recently painted walls.
(2) Spitting the pan / gutka from their balconies down below and on the painted walls near lifts and chutes, and
(3) Owners of pets are not controlling their pets and allowing them to defecate common areas.
In view of the above, MC has decided to impose a fine of Rs.100/-on the first occasion and will be doubled on the subsequent occasions.
It is hoped that all residents will cooperate whole heartedly with the MC and help maintain the Society in a befitting manner.
Ref.No.DIN/NOTICE/2008 Date: 5th Dec.2008.
CALL FOR SHRAM DAAN
We are finding it difficult to hire labour for painting the rusted pipe ends and other metallic structure on the roofs of all the buildings. It is therefore a sincere call on the denizens of Din to contribute labour.
Please come and help us paint the metallic structures on Sunday, the 7th December 2008 between 1030 hrs and 1300 hrs. it would help the cause if you can bring your own paint brush.
Those willing to ‘Shram Daan’ are requested to confirm to Society Office by 1800 hrs on Saturday, the 6th Dec 2008.
Ref.No.DIN/NOTICE/2008 Date: 18th December 2008.
MAINTENANCE OF LAWNS AND GARDEN.
A sincere effort is being made to improve the standard of lawns and plant flowers to enhance the overall appearance of the Society garden(s). Unfortunately, some residents/members have been observed plucking flowers and permitting their children to trample new plants. Thus neutralizing all efforts of the management to improve the Society environs.
All members / residents are requested to kindly avoid plucking flowers and also to educate their children on the need to respect property the common property of the Society.
NOTICE 6th January 2009
The Society has renewed and signed a contract with M/s Kone Elevators (India) Private Ltd. for maintenance of all the six lifts for a period of three years at the following rates:-
(1) 2009 - Rs 2, 35, 000/-
(2) 2010 - Rs 2, 35, 000/- Plus 4.5%.
(3) 2011 - An increase of 4.5% over
rate charged for 2010.
2. Salient features of the Contract:-
(a) Contract price is inclusive of taxes to be paid as quarterly advance.
(b) Company technicians will make 12 annual visits to systematically inspect, adjust and lubricate the parts of the elevators.
(c) All requirement of insurance / Govt. will be complied with by the Company.
(d) Company shall indemnify the Society of accidents / injury to its employee(s) or third party during maintenance of lifts.
(e) Refinishing, repair or replacement of the following components are out side the scope of this contract:-
(1) Elevator car enclosure (inside).
(2) Elevator car and landing door panels / gates.
(3) Bulbs (including indicator bulbs, florescent tubes) and alarm bell / buzzer.
(4) Cabin fans.
(5) Incoming electrical wiring up to main switches in the m/c room.
(6) Main switches in the m/c room.
(7) Dry cell and batteries.
(8) Any equipment or accessory not forming part of the initial supply of the elevator equipment although provided as a necessary accessory by or to the customer.
(9) Decorative items including mirrors and handrail.
3. Members desirous of viewing the contract are welcome to do so at the Society office on any working day between 1030 AM and 5 PM.
4. For details of pre-contract negotiations log on to http://dinopeninfo.blogspot.com/
Ref. No. DIN/2009 8th January 2009 POWER FAILURE: ADVISORY
Due to IOC strike and shut down of one gas plant of Delhi, the frequency of power break downs is likely to increase in the coming days. The MC has taken steps to store diesel fuel for the main generator to provide emergency power backup for 15 hours. The MC is trying to enhance the reserve storage of diesel by another 10 hours. However, in view of ONGC joining the strike, there is a shortage of diesel fuel in the market. Residents are requested to bear with the Management in case of power shortage on expiry of diesel stocks held by the Society.
2. The residents may please note that the current IOC strike is also likely to adversely affect supply of piped gas to the flats and make alternative arrangements.
Ref. NIL 14th January 2009
CONDEMNATION BOARD
1. A condemnation Board will be held in the Society to identify unserviceable / damaged assets, condition / classify them as repairable / beyond economic repairs and dispose them off through auction / kabadies. The following members have volunteered to take on the responsibility:-
(a) Shri NN Srivastava, M. No 300.
(b) Shri Suresh Srivastava, M. No. 264.
(c) Dr RS Vailaya, Flat No 73.
2. The sale proceeds will be deposited in the Society’s account.
3. The items condemned and so disposed will be charged off from the ‘Assets Register’.
4. A board proceeding duly signed by all three members will be submitted to the Secretary for record.
5. A list of items produced before the Board is attached as Appendix.
6. The date and time of auction will be fixed by the Board and notified for interested members to attend.
Note: The Condemnation Board proceedings dated 16th Jan 2009 were also displayed on the Society’s Notice Boards.
No.DIN/53/2009 07th March 2009
HOW THIS MANAGEMENT SPENDS “MONTHLY
MAINTENANCE CHARGES” OF Rs 1000/-
Some members have raised very relevant queries regarding utilization of maintenance funds (Rs 1000.00) being contributed by them every month. A detailed run down of how the present Management Committee deploys financial resources of the Society is tabulated below:-
Monthly Expenditure
1. Maintenance of Lifts - Rs 19, 584.00*
2. Lifts’ License - Rs 3,600.00*
3. Maintenance of Generator - Rs 1,666.00*
4. Maintenance of Intercom System - Rs 2,243.00*
5. Average Common Electricity Bill - Rs 36,363.00
6. Security and Cleaning - Rs 37,190.00
7. Salary of Employees - Rs 20,850.00
8. Overtime to Employees - Rs 1,600.00
9. Water Bill - Rs 21,500.00
10. Office Telephone - Rs 1,000.00
11. Diesel for Generator - Rs 3,500.00
12. Emergency Repairs of Genset, Electricity Sub Station, Water Pumping Station and Submersible Pumps - Rs 8,000.00
13. MCD Trash Removal - Rs 500.00
14. Library Bill - Rs 690.00
15. Gas for Main Gate - Rs 200.00
16. Cleaning Material - Rs 1,500.00
-----------------------
Total - Rs 1, 59, 986.00**
-----------------------
* Annual Maintenance Contracts
** The figures above do not include one time expenditure like white washing & painting of assets.
· Share per Member - Rs 999. 91
Income
1. Monthly Maintenance - Rs 1, 28,000.00
2. Building Maintenance Fund - Rs 32,000.00
3. Interest on FDs - Rs 8,000.00
4. Miscellaneous - Rs 5,000.00
------------------
Total - Rs.1, 73,000.00
-------------------
2. Members desirous of ascertaining the calculation criterion and inspecting documents relating to figures quoted above are welcome to contact the Secretary on any day between 1030 AM and 1 PM. We shall endeavor to provide annual statement of accounts within first fortnight of April giving all details of receipts and expenditure. The Management Committee is open to suggestions / recommendations to improve the financial health of the Society and streamline expenses. It may be noted that collective decision making and diligent prioritization in all expenditures are the hallmark of this Management.
3. From the foregoing, it may be noted that the maintenance charges are used for common areas only and all internal maintenance of the flats or individual problems of residents are to be taken care of by residents themselves.
4. In order to enhance our maintenance standards, members and residents are requested to pay all their dues well in time. In case of non payment of timely maintenance charges, penal interest will be levied thereon besides any other suitable action permitted under the DCS Rules 2007
FOR URGENT ATTENTION OF PARENTS
Of late there have been numerous complaints against children playing cricket and football within the Society premises and damaging windows of flats as well as causing dents and scratches on cars of members. On some occasions, children have also been reported to have made rude replies to ladies and Society staff checking them. Many a time, children have brought their friends from Societies where such games are prohibited to come and play in our Society.
Following greater occupancy of flats in the Society, the number of vehicles has gone up substantially. The vehicular movement too has seen a corresponding increase. Children, being children, remain oblivious to vehicular movement while playing and the likelihood of avoidable accidents remains high. Their outdoor games within the Society, unfortunately, are also a hindrance to ladies taking a perimeter walk. There have been occasions when ladies have been hurt by the ball hit in their direction; albeit unintentionally.
Though it is desirable to have children playing freely, the lack of space within the Society, likely damage to members’ property and the risk of accidents do not permit such luxury.
Parents are requested to kindly advise their wards not to play outdoor games within the Society premises.
Ref. No.DIN/53/2009 06th April 2009
NOTICE
In view of the several complaints of severe damages to the cars parked in the covered parking area and other property of the Society caused due to children playing outdoor games within the Society premisis, the Management Committee has decided the following:-
(1) No ‘ball’ game, whether it is cricket, football or any other sport involving a ball, is permitted within the Society premises.
(2) A fine of Rs.100/- will be imposed on parents of each child who violates this rule and is found playing within the Society premises, besides recovery of cost of the damage.
Ref. No. DIN/53/2009 09th June 2009
Sub: CHANGE IN SECUIRTY AGENGY
Effective from Sunday, the 14th June 2009, the present Security Agency will be dispensed with. This agency was catering our need for Security Guards (round the clock) along with three House Keepers (Safaiwalas) during the day time.
Managing Committee in its meeting held on 7th June 2009 have approved engagement of another effective Security Agency, who will take over the functioning of security needs and house keeping of the complex with effect from the same day, i.e., 14th June 2009 (0800 hours).
This is for information of all concerned.
Ref. No. DIN/53/2009 20th June 2009
PERIODIC MAINTENANCE OF GENERATOR.
Periodic Maintenance of Generator is due and will be carried out on Monday, the 22nd June 2009 from 11 A.M. to 1 P.M. During this period generator will not be operative and if there is a power cut during this period the lifts will not be functioning.
Please note and inconvenience so caused is deeply regretted.
Ref. No. DIN / 53 / 2009 4th July 2009
GROUND RENT: 2009
Ground Rent is paid annually to the Delhi Development Authority in respect of leasehold flats. All concerned are requested to make the payment towards Ground Rent for the year 2009 to the Society by 30th September 2009.
Ref. No. DIN/53/2009 10th July 2009
EXTREME SHORTAGE OF WATER
Of late Dwarka has been plagued by an extreme shortage of water, wherein the Delhi Jal Board (DJB) has been releasing water to the DDA at a rate much below the normal. A liaison with DDA revealed that the problem is common to all Societies. In fact, this Society is slightly better off since we have a water reservoir of sufficient capacity to support the number of flats occupied.
There is an urgent need to conserve this precious commodity at the level of members/residents. Various measures towards this end have been notified from time to time. However, implementation of these measures has been less than desirable. The measures outlined are reproduced below for explicit compliance: -
(a) Drinking water from syntax tanks not to be used for any other purpose.
(b) Washing of floors is not permitted.
(c) Flower pots are not to be maintained in common areas by individual members / residents.
(d) Washing of cars is banned.
(e) Inside premises must only be cleaned by wet sweeps and no washing of floors is permitted.
(f) Coolers should not be allowed to overflow.
In view of the foregoing, members and residents are requested to kindly cooperate with the Management to conserve water. A violation of measures enumerated abid will invite a penalty of Rs 100/- on the first occasion and the penalty amount will be doubled on subsequent occasions.
Ref. No.DIN/53/2009 12th July 2009
MAIN GENERATOR: DEFECT NOTIFICATION
This is to inform all members / residents that the main generator of the Society has developed major defects and is under repairs. The repairs are likely to take up to three to four days. Inconvenience likely during power cuts is regretted.
Ref. No.DIN/53/2009 16th July 2009
INCREASE IN ELECTRICITY TARIFF
This is to inform all members/residents that the Delhi State Government has withdrawn 15% subsidy on actual consumption of electricity with effect from 31st May 2009 and also revised the tariff as detailed below. Since the bill for the month is received by middle of the following month and time for notifying individual bills and collection of the amount is short, this was not taken into account by presenting the electricity bill for June 2009.
The criteria for working out the actual tariff to be recovered from the individual members, as laid down by the BSES and approved by Delhi Government, is summarized below: -
(a) First 44.4 % of units consumed Rs. 2.45 per unit
(b) Next 44.4 % of units consumed Rs. 3.95 per unit
( c) Last 11.2 % of units consumed Rs. 4.65 per unit
(d) Fixed charges Rs.160/- per month.
Working with the above parameters and taking into consideration 15 % rebate provided to Cooperative Group Housing Societies, the average recoverable tariff from individual members has been determined to be Rs.3.10 per unit with effect from 01st June 2009. The difference in amount on the revised rates for the month of June 2009 will be included in the next month’s electricity bill. Members are requested to kindly clear the bill in time.
Ref. No.DIN/53/2009 17th July 2009
DISTRUPTION IN WATER SUPPLY IN ‘B’ BLOCK.
On the night of 16 / 17th Jul the steel pipe of fire fighting equipment on 7th floor of 'B' Block got busted and the water kept flowing down along with the telephone lines in the space next to the garbage chute. The leak has been plugged with rubber bandage; but it was only a temporary measure and was not very effective. The pipe needs urgent welding effort. It would have to be weld - repaired tomorrow after the overhead tank atop 'B' Block has been emptied.
Residents of ‘B’ Block are hereby informed that there will be no water in the Block between 10 AM and 3 PM on 18th Jul 2009. Inconvenience likely to be caused is regretted.
Ref. No.DIN/53/2009. 16th Aug 2009
CHANGE OF SECRETARY
With effect from mid night 16 / 17th Aug 2009, Col Jagdish Madan, Retd will take over the charge as Secretary of the Society from Col RC Kapoor.
Ref No. DIN/53/2008 DATE-28 Sep 2008
REGISTRATION OF VEHICLES
In order to streamline system of parking of Vehicle within the Society Premises, all Members / Residents are requested to inform the undersigned, in writing, make and Registration No. of the Vehicle(s) owned by them. Any vehicle whose particulars are not intimated to the society office will not be allowed to enter the society premises after 05 Oct. 2008. Particulars of Vehicles already parked in the society premises and not being used by Members / Residents are also required to the intimated.
Ref No. DIN/53/2008 DATE: 05 OCT 2008
NEGOTIATION WITH CHAND CONSTRUCTION
A team comprising of the following was formed to negotiate the final settlement / payment to be made by the Society to Chand Construction Co.
(a) Sh. Brig. Rakesh Goel.
(b) Sh. R.C. Kapoor.
(c) Dr. A.K. Upadhyay.
The team met Mr. Chand and his lawyer in the latter’s office at Greater Kailash at 11.00 hrs on 05 Oct 2008. After protracted discussion, the Company has been persuaded to accept a payment of Rs. 20, 00, 000/- Instead of Rs. 29, 64, 656.13 plus interest @12% with effect from 17th Dec 2007 till the date of actual payment. To conclude the written agreement on above lines and collect the final payment Mr Chand will be coming to the Society Office at 1200 hrs on 06 Oct 08. Members are requested to make it convenient to be in attendance and witness the event in Society Office.
No.DIN/Car Parking/2009. 14th March 2009.
DRAW OF LOT” FOR ALLOTMENT
OF GARAGE.
Garage No 6 has become available for allotment to interested members following surrender of the same by Smt. Geetika Somani, who intends to sell her flat. Those interested in getting the garage allotted may submit their applications on plain paper along with a Cheque for Rs 5, 000/- payable to DIN CGHS Ltd, to the Secretary by 20 Mar 2009. A draw of lot will be held on 22 Mar 2009 and the successful member will be given possession of the garage on payment of balance amount of Rs 1, 45, 000/- within 15 days from the draw of lot. The allottee will also be required to submit an affidavit on Rs 10/- non-judicial stamp paper declaring that he / she will use the garage only for parking his / her vehicle and not for any other purpose. In case of any violation, the Society will be free to allocate the garage to any other member through a draw of lot. Members are at liberty to witness the draw of lot and lend credence to transparency of the exercise.
The amount of Rs 5, 000/- will be refunded to those who are unsuccessful applicants in draw of lots.
Ref. No.DIN/53/2009 29th March 2009EARTH HOUR
Observing the ‘Earth Hour' when the world switched off all non essential power between 8.30 and 9.30 pm on March 28, is a most positive, though tiny, step in the right direction to tackle the problem of ‘Global Warming’. It underlines the importance of individual participation in the effort to confront the looming catastrophe facing the planet. It is of utmost importance to generate awareness about the subject among the population. The response has been beyond imagination. Earth Hour was created by WWF in Sydney, Australia in 2007, and in one year has grown from an event in one city to a global movement. In 2008, millions of people, businesses, governments and civic organizations in nearly 200 cities around the globe turned out for Earth Hour. The first Earth Hour was held in Sydney, Australia between 7:30 p.m. and 8:30 p.m. on 31 March 2007 that is estimated to have cut Sydney's mains electricity consumption by between 2.1% and 10.2% for that hour, with as many as 2.2 million people taking part. There is no doubt that India can beat that record, provided the issue is widely written and talked about to rouse people’s interest in the event. In our own humble way, the denizens of DIN Apts also participated in the global event by adhering to the stipulated timings for switching off all lights.
The short notice for the same is regretted.
Ref.No.DIN/53/2009 01st April 2009
FOR URGENT ATTENTION OF PARENTS
Of late there have been numerous complaints against children playing cricket and football within the Society premises and damaging windows of flats as well as causing dents and scratches on cars of members. On some occasions, children have also been reported to have made rude replies to ladies and Society staff checking them. Many a time, children have brought their friends from Societies where such games are prohibited to come and play in our Society.
Following greater occupancy of flats in the Society, the number of vehicles has gone up substantially. The vehicular movement too has seen a corresponding increase. Children, being children, remain oblivious to vehicular movement while playing and the likelihood of avoidable accidents remains high. Their outdoor games within the Society, unfortunately, are also a hindrance to ladies taking a perimeter walk. There have been occasions when ladies have been hurt by the ball hit in their direction; albeit unintentionally.
Though it is desirable to have children playing freely, the lack of space within the Society, likely damage to members’ property and the risk of accidents do not permit such luxury.
Parents are requested to kindly advise their wards not to play outdoor games within the Society premises.
Ref. No.DIN/53/2009 06th April 2009
NOTICE.
In view of the several complaints of severe damages to the cars parked in the covered parking area and other property of the Society caused due to children playing outdoor games within the Society premises, the Management Committee has decided the following:-
(1) No ‘ball’ game, whether it is cricket, football or any other sport involving a ball, is permitted within the Society premises.
(2) A fine of Rs.100/- will be imposed on parents of each child who violates this rule and is found playing within the Society premises, besides recovery of cost of the damage.
Ref. No. DIN/53/2009 09th June 2009
Sub: CHANGE IN SECUIRTY AGENGY.
Effective from Sunday, the 14th June 2009, the present Security Agency will be dispensed with. This agency was catering our need for Security Guards (round the clock) along with three House Keepers (Safaiwalas) during the day time.
Managing Committee in its meeting held on 7th June 2009 have approved engagement of another effective Security Agency, who will take over the functioning of security needs and house keeping of the complex with effect from the same day, i.e., 14th June 2009 (0800 hours).
This is for information of all concerned.
Ref. No. DIN/53/2009 20th June 2009
PERIODIC MAINTENANCE OF GENERATOR.
Periodic Maintenance of Generator is due and will be carried out on Monday, the 22nd June 2009 from 11 A.M. to 1 P.M.
During this period generator will not be operative and if there is a power cut during this period the lifts will not be functioning.
Please note and inconvenience so caused is deeply regretted.
Ref. No.DIN/53/2009 04 July 2009
GROUND RENT – 2009.
Ground Rent is paid annually to the Delhi Development Authority in respect of leasehold flats.
All concerned are requested to make the payment towards Ground Rent for the year 2009 to the Society by 30th September 2009.
Ref. No. DIN/53/2009 10th July 2009
EXTREME SHORTAGE OF WATER
Of late Dwarka has been plagued by an extreme shortage of water, wherein the Delhi Jal Board (DJB) has been releasing water to the DDA at a rate much below the normal. A liaison with DDA revealed that the problem is common to all Societies. In fact, this Society is slightly better off since we have a water reservoir of sufficient capacity to support the number of flats occupied.
There is an urgent need to conserve this precious commodity at the level of members/residents. Various measures towards this end have been notified from time to time. However, implementation of these measures has been less than desirable. The measures outlined are reproduced below for explicit compliance: -
(a) Drinking water from syntax tanks not to be used for any other purpose.
(b) Washing of floors is not permitted.
(c) Flower pots are not to be maintained in common areas by individual members / residents.
(d) Washing of cars is banned.
(e) Inside premises must only be cleaned by wet sweeps and no washing of floors is permitted.
(f) Coolers should not be allowed to overflow.
In view of the foregoing, members and residents are requested to kindly cooperate with the Management to conserve water. A violation of measures enumerated abid will invite a penalty of Rs 100/- on the first occasion and the penalty amount will be doubled on subsequent occasions.
Ref. No.DIN/53/2009 16th July 2009
INCREASE IN ELECTRICITY TARIFF
This is to inform all members/residents that the Delhi State Government has withdrawn 15% subsidy on actual consumption of electricity with effect from 31st May 2009 and also revised the tariff as detailed below. Since the bill for the month is received by middle of the following month and time for notifying individual bills and collection of the amount is short, this was not taken into account by presenting the electricity bill for June 2009.
The criteria for working out the actual tariff to be recovered from the individual members, as laid down by the BSES and approved by Delhi Government, is summarized below: -
(a) First 44.4 % of units consumed Rs. 2.45 per unit
(b) Next 44.4 % of units consumed Rs. 3.95 per unit
( c) Last 11.2 % of units consumed Rs. 4.65 per unit
(d) Fixed charges Rs.160/- per month.
Working with the above parameters and taking into consideration 15 % rebate provided to Cooperative Group Housing Societies, the average recoverable tariff from individual members has been determined to be Rs.3.10 per unit with effect from 01st June 2009. The difference in amount on the revised rates for the month of June 2009 will be included in the next month’s electricity bill. Members are requested to kindly clear the bill in time.
Ref. No.DIN/53/2009 17th July 2009
DISTRUPTION IN WATER SUPPLY IN ‘B’ BLOCK
On the night of 16 / 17th Jul the steel pipe of fire fighting equipment on 7th floor of 'B' Block got busted and the water kept flowing down along with the telephone lines in the space next to the garbage chute. The leak has been plugged with rubber bandage; but it was only a temporary measure and was not very effective. The pipe needs urgent welding effort. It would have to be weld - repaired tomorrow after the overhead tank atop 'B' Block has been emptied.
Residents of ‘B’ Block are hereby informed that there will be no water in the Block between 10 AM and 3 PM on 18th Jul 2009. Inconvenience likely to be caused is regretted.
AVAILABILITY OF A WHEEL CHAIR
Mr AK Dutta, Flat No 21 has very kindly donated a wheelchair to the Society for use by anyone requiring the same in a medical emergency. Members / residents in need of the wheelchair to evacuate their kin who are sick or for any other medical exigency may contact the Secretary and collect the same from the Society office.
Please note that the wheelchair would only be issued as a temporary measure and will have to be returned to the Society for similar use by other members.
On behalf of all members of the Society, the MC offers its sincere gratitude to Mr AK Dutta for the most thoughtful gesture.
PART X: MISCELLANEOUS ISSUES
1. Statutory compliances. The previous MC has not handed over any information on requirement of obtaining any statutory sanction / permission from civic authorities like the DDA, MCD, RCS etc.
2. Reports and Returns. No information on mandatory reports and returns to be periodically submitted to the RCS has been furnished by the previous MC.
3. Vacant Flats. The four vacant flats in the Society are Flat No 19, 53, 110 and 164. The first three of these have been cleaned and made ready for temporary use by members on nominal charge. The aim is for these vacant flats to earn their keep in terms of ground rent and maintenance.
4. Insurance of Assets. The insurance of movable assets and employees has been approved by the MC. This will be carried out after the SGBM on 30 Aug 2009.
