MINUTES OF THE SPECIAL GENERAL BODY MEETING HELD ON 30 AUG 2009

A Special General Body Meeting (SGBM) of DIN Cooperative Group Housing Society Ltd was held on 30 Aug 2009 at 11 AM in the Society premises Plot # 7, Sector-4, Dwarka, New Delhi – 110 078 under the Chairmanship of the President, Shri AK Malpani.

The following members attended the meeting:-

Ser No Name Membership No

1 Vivek Chander Sood 433
2 Col Jagdish Madan 432
3 Smt Sharda Wadhawan 526
4 Brig Rakesh Goel 287
5 Shri NN Srivastava 300
6 Shri Ramoday Singh 512
7 Shri Rajeev Manchanda 353
8 Shri SC Verma 313
9 Smt Sita VS Mani 390
10 Shri YS Mathur* 502*
11 Shri AK Malpani 237
12 Col RC Kapoor 509
13 Smt Rose Jha 240
14 Shri LC Tomar 276
16 Dr AK Upadhyay 337

* Without prejudice to approval of membership by the RCS.

Since the quorum was not complete at 11 AM, the SGBM was adjourned for half an hour.

The SGBM having reassembled commenced at 11.35 AM on 30 Aug 2009.

President’s Address

Opening the meeting, the President Shri AK Malpani addressed the house and welcomed all present to the Special General Body Meeting (SGBM). Recalling late Shri Ranbir Singh, he said that our fellow member and vice president of the society, Shri Ranbir Singh left for his heavenly abode on 12th Oct 2008, after a brief illness. He had always been a guide and a friend to us and was always present to help any member in need. He had tirelessly worked for betterment of the society and we shall always miss his cheerful and ever ready enthusiasm in running the society effectively.

Shri Ranbir Singh is survived by his wife, two sons and a daughter. We assure them of our whole hearted support in any manner we can. We sincerely pray for peace of the departed noble soul.

The President then invited all present to join him by rising and observing a minutes’ silence as a mark of our respect for Shri Ranbir Singh.

There after, the President said that the present management committee took over the office in Sep 2008 and the new Management Committee (MC) was faced with many issues including paucity of funds, unsettled liabilities and legal cases, details of which were not available. To add to the problems, the lawyers engaged by previous MC refused to continue with the case(s). The details are provided in Secretary’s Report.

The President said that this SGBM was necessitated because of notice received from DDA to file papers for ‘Completion Certificate’ including desired deviations latest by 5th Oct 2009. Presently, Society has no documents pertaining to ‘as built’ drawings, papers submitted for POA, copies of approvals for sewerage and electricity. We had given three notices to our Architect but got no response. Under the circumstances, we are required to appoint an architect who can prepare the drawings ab initio and follow-up with DDA for approvals. There is a silver lining that we can go for FAR of 167 against original approved 133, thus submit approval of extension of balcony. The details will be provided by the Secretary.

He then requested the Secretary, Col Jagdish Madan, Retd to take over and commence the business.

Discussion on Agenda Points

1. agenda Item No 1 (Minutes of the Last SGBM Held on 25 Dec 2007). Not to be approved as it was not recorded correctly.

(a) Collection of Rs 15, 000/- from members for Rana Case was not approved by the House.

(b) The previous MC was requested to allow the elections to be held and leave gracefully (Not recorded).

Decision. The Minutes of the AGBM held on 25 Dec 2009 were approved with the record being corrected to include 1a) & 1b) of the agenda item.

2. Agenda Item No 2 (Passing of Accounts for 2007-08). The charge of the Society was handed over to the present MC on 14 Sep 2008 without the audit for the period Apr 2007 to Mar 2008 having been conducted. The documents for the audit too had not been prepared. The present management had to ferret out details of the accounts, prepare the audit documents and get the audit done.

Decision. The accounts were passed along with the observations of the MC. Shri YS Mathur, Ex- Secretary, had informed that he would like to provide certain observation to Auditor’s Comments. It was agreed that in case of differences, the comments provided by Shri YS Mathur will be put up for review by three members Committee.

3. Agenda Item No 3 (Completion Certificate). Application for ‘Completion Certificate’ to the DDA has to be filed by 05 Oct 2009, failing which the Society stands to be penalized heavily. The original architects, M /s Aggarwal Arora Architects Private Ltd. has not responded to the MC’s appeals to take the action required to obtain the ‘Completion Certificate’ from the DDA. Approval of the SGBM is essential in order to appoint a new architect to take on the task. The President explained to all present that while applying for the ‘Completion Certificate’ we will have to first get the architect to prepare ‘as built’ drawings of the Society, have new drawings prepared for coverage of FAR 167 (present approved plans are for an FAR of 133) and then submit the same along with other supporting documents to the DDA for obtaining the ‘Completion Certificate’. The Secretary informed all present that since our original architect, Shri BD Arora had expired, the Society has to hire another architect to take on the responsibility. It was also brought to the notice of all that approximate expenditure for hiring the architect and getting the ‘Completion Certificate’ will be Rs 4, 000/- per member. Thus, each member will have to pay Rs 4, 000/- as his / her individual share for hiring the architect and obtaining the ‘Completion Certificate’. In addition, with the increased FAR the extension of balconies by some members will be covered and we would be able extend the ante room balcony further as also have the option to later on extend the balcony of the master bedroom; albeit with fresh sanction of the DDA for the second balcony. While constructing the balcony, we would be able to insert pipes for supply of drinking water as well as for drainage.

Decision. Shri SC Sharma, Membership No 247 volunteered to speak to Shri AK Manna, Jt Dir G/H in the DDA to understand various issues on getting completion certificate with or without extra coverage. Sh. SC Sharma and Sh. Mankotia volunteered to assist in the process of getting the ‘Completion Certificate’. The following were approved:

a) Appointment of Architect (M/s S.S & Associates Architects & Engineers) for preparation of Drawings, submission to various authorities and arranging completion certificate.

b) Architects fee @ Rs. 4000/- per flat to be contributed by each member.

c) Extension of balconies within the revised FAR of 167.

d) The cost of construction and other incidentals will be shared by each member at actual.

4. Agenda Item No 4 (Monthly Maintenance Charge from Owners of Rented Flats). As per Section 102 (2) Of Delhi Cooperative Societies Rules 2007, the General Body is empowered to fix higher charges of maintenance in respect of dwelling units which are on rent and in possession of tenants. Presently, 77 flats out of 160 presently occupied, are occupied by tenants (48.12 %). It is proposed to increase the monthly maintenance from such flats from the present Rs 1000/- to Rs 2000/- p.m.

Decision. The proposal was approved.

5. Agenda Item No 5 (Shifting Charge @ Rs 1000/- from Flats on Rent). Considerable damage to stair cases and lifts is caused due to tenants / member moving in / out. It is proposed to levy a ‘Shifting Charge’ of Rs 1000/- upon the owner of the flat(s) each time a tenant / member moves in or out.

Decision. The proposal was unanimously approved.

6. Agenda Item No 6 (Policy for Allotment of Car Parking Space). There being no clearly defined policy for allotment / sale of car parking space, the issue was so far left to the discretion of the members selling their flats and leaving. While some members have surrendered the parking space for allotment to others who had been waiting for years, some chose to sell the space / transfer parking rights along with the flat(s) to the buyer. There is a pressing need to lay down a vivid policy to be followed by members wishing to sell their flats and leaving as far as the sale of parking space / transferring parking rights to the buyer is concerned.

Decision. The House agreed that the Parking space is property of the Society and cannot be included in Sale Deed. Those, who have included the parking space in Sale Deed will be required to get the ‘Rectification Deed’ registered after deleting all references to parking. The House was divided over the issue on transfer / surrender of parking rights. It was felt by some members that the right of parking available to them on payment of parking charges is transferable to the Purchaser of flat. Some members felt that the rights cannot be transferred on the same value and a proper escalation needs to be built. There being no consensus, the issue was put to be decided by a vote by raising hand. On seeing that the house was divided almost equally, the voting was done through ballots with members required to vote on one of the following two options:

(a) First Option. Parking to be surrendered to Society.

(b) Second Option. Rights to parking can be transferred by flat owner.

A total of 34 votes were cast. The names of voters along with their choice of option are appended below:-

Ser No M.No Name Option



(1) 408 Ravi Kumar Gupta 2
(2) 517 Navita Singh 2
(3) 313 SC Verma 2
(4) 41 YS Mathur* 2
(5) 504 Inderjeet Mankotia* 2
(6) ----- BS Kandola* 2
(7) 240 Rose Jha 2
(8) 337 AK Upadhyay 2
(9) 272 Manju Nangia 2
(10) 456 HK Anand 2
(11) 101 Meena Gupta 2
(12) 390 Sita VS Mani 2
(13) 353 Rajeev Manchanda 2
(14) 469 Aruna Vijay 2
(15) 510 Kapil Bhatia 2
(16) 242 SC Sharma 2
(17) 324 AK Bhola 2
(18) ---- Gurmaan Singh** 2
(19) 432 Jagdish Madan 1
(20) 246 Usha Vyas 1
(21) 300 NN Srivastava 1
(22) 509 RC Kapoor 1
(23) 505 K Ramachandran 1
(24) 433 Vivek Chander Sood 1
(25) 474 AK Monga 1
(26) 527 V Venkatraman 1
(27) 529 Sameer Shankar 1
(28) 490 S Chandershekhar 1
(29) 266 Urmil Malhotra 1
(30) 267 Rakesh Goel 1
(31) 511 J Shakuntala 1
(32) 391 Vijay Kejriwal 1
(33) 506 AS Gulia 1
(34) 466 Jayini A Shekhar 1
(35) 421 Swapna Ghose 1

* Membership Not Approved by the RCS

** Membership Not Approved and Proxy Vote

Note:

A. Excluding the proxy vote, all other votes were counted and a tie of 17 votes in favor of each option announced.

Decision. Since vote count announced by the Secretary drew a tie of 17 votes, excluding the proxy vote, in favour of each of the option. Being a close contest, and involving commercial implications to the members, the President did not exercise his vote and decided that the matter be Referred to all the members along with minutes to send their opinion within 15 days of issue of minutes. The form for submission of opinion is enclosed.

7. Agenda Item No 7 (Introduction of a Monthly Charge for Use of Open Car Parking Space). Considering the significant increase in the number of cars being parked in the Society and the fact that the resultant chaos is only likely to increase with time, there is a need to muster resources and streamline the system of parking within the Society premises. Suggestions to overcome the menace need to be discussed and effective measures instituted. In addition, two wheelers are being parked haphazardly in the parking corridors blocking access to syntax tanks as well as adding to the overall parking confusion.

Decision. All present acknowledged the problem. However, the issue was deferred to future GBM

8. Agenda Item No 8 (Additional Charge from Second Car Owners). Members / residents owning a second car to be charged Rs 200/- p.m in order to reduce the parking chaos in the Society.

Decision. It was decided to charge Rs 100/- per month for the second car owned by members and residents who park such car(s) in the open in the space earmarked along the boundary wall. The money is to be used for arranging proper parking by appointment of parking attendant.

9. Agenda Item No 9 (Power Backup Capacity) The present generator (63 KVA) has been in service since 1998 and has suffered frequent and expensive break downs. Since the Society’s security, lifts and water supply system depend upon this generator during power cuts / failures, there is an urgent requirement to plan ahead for an emergency situation. It is proposed to start a ‘Generator Fund’ by charging the members Rs …. (To be decided by the house) per month for the same. A limit for such fund can also be laid down by the SGBM.

Decision. The members agreed to contribute an amount of Rs. 200/- pm to create a corpus for purchase of new DG Set.

10. Agenda Item No 10 (Monthly Water Charges). Presently, Rs 50/- per member / resident is charged to pay for the water bills received from the DDA. With the average monthly water bill coming to Rs 15, 843/-, the monthly collection from members is highly inadequate and the short fall has to be paid out of maintenance fund. This leaves negligible amount left to spend on maintenance of assets. If the house approves, a slab system of billing water to individual flats may be introduced, depending upon number of people staying in each flat.

Decision. The following decisions were approved by the House:-

A. The actual water bill received from the DDA will be shared equally by all members / residents.

B. Rs 50/- p.m being charged per member / resident will continue. Balance amount, if any, will be charged as and when the water bill is received from the DDA. Rs 50/- taken from the members will be adjusted against actual amount due from each member.

C. The society shall endeavor to provide soft water by way of tankers and/ or installing water softener to the residents and the cost of such provision will be shared by each member. The members agreed to pay Rs. 150/- pm to create corpus for provision of Soft Water. However, the Secretary informed that the case of DIN CGHS Ltd Vs Rana Construction Co. is listed for 3rd Nov. 2009. A substantial contribution may be required to meet expenses of the case. Accordingly, decision of creating a corpus be deferred till 3rd Nov 2009

11. Agenda Item No 11. (Settlement of Chand Case). The Society had to pay Rs 20, 00, 000/- (Rupees twenty lakhs) to Chand Construction Co. following avoidable legal battle and protracted negotiations with Mr Chand. Had serious efforts been made earlier, the Society could have saved lakhs of rupees in interest paid and legal fees.

Decision. Shri Rajeev Manchanda demanded to know why the MC had not taken prior permission of the House to make such a huge payment. He was informed that the payment was made on orders of the Hon’ble High Court of Delhi. Secondly, the payment was due because of bouncing of Society’s cheque against work carried out as per contract and the same was accepted by earlier MC in their submissions. This being the liability against the contract needs to be paid along with penalty interest imposed by Hon’ble High Court of Delhi. Besides, members were kept informed of all developments at every stage of the negotiation and their consent were sought by issuing two letters to each member. Objection/ clarification sought by some members were clarified to them.

Note: For details of the case, refer to Secretary’s Report.

12. Agenda Item No 12. (Settlement of Jeet Raj Sethi Case). While the present MC was able to negotiate an ‘out of court settlement’ with Mr Jeet Raj Sethi and close the case, years of futile legal battle has left the Society poorer by an indefinite amount.

Decision. All present approved the action taken by the MC.

13. Any Other Point. At this juncture, Shri Vivek Chander Sood, Membership No 433 sought the permission of the Chairman and addressed the House. He said that he had become a member of the Society in 1995 and had paid the cost of the flat to the Society but had not been given any flat so far. All efforts made by him during the past had failed to have a draw conducted and a flat allotted to him.

Decision. The house expressed its sympathy with Shri Vivek Chander Sood and approved taking up his case with the RCS and DDA for conduct of a draw of lot and expediting allotment of a flat to him.

There being no other point, the meeting was declared closed.

VOTE: AGENDA ITEM No 6


Membership No-------- Flat No--------- Name----------------------------


1. Reference Agenda Item No 6 of Minutes of the Special general Body Meeting held on 30 August 2009. My choice of option is (Tick) marked below:-

(a) Option One. Members allotted car parking space should have the right to sell the space / transfer car parking rights while selling their respective flats.

(b) Option Two. The right to transfer parking rights / allot car parking space is the prerogative of the Society and members selling their flats should surrender the space to the Society in return for the amount paid by them.

2. Please ensure that your vote reaches the Secretary by 30th September 2009. Your signature must match the record maintained in the Member’s Register.


(-------------------------------------)
Signature of Member


Note: 1. Members are requested to acquaint themselves with relevant rules and regulations on the subject contained in Delhi Cooperative Societies Act 2003 and Delhi Cooperative Societies Rule 2007 before exercising their votes in order to avoid complications and litigation at a later stage.

2. Provisions of Delhi Cooperative Societies Rules 2007 and Delhi Cooperative Societies Act 2003 will be applied while counting of votes.