PRASHEEL BHARDWAJ Vs DIN CGHS LTD
CASE No RCS/005/09/SW/1670
Membership IssuesShri Prasheel Bhardwaj became a member of DIN CGHS Ltd vide his application dated 07 Feb 1995. Flaws in the Application:-
(a) His age reflected in the Application as on 07 Feb 1995 is 18 years.
(b) His US Passport mentions his date of birth as 25 May 1978; thus he was not even 17 years old on the date of application.
(c) As per By Laws of the Society, only a person 18 or above could be eligible to be a member of the Society.
(d) Shri Prasheel Bhardwaj even filed an Affidavit on 03 Mar 1995 to say that he was 18 years of age as on that date.
(e) As reflected in his Passport, his place of birth is New York, USA. As per Bye Laws of the Society, only an Indian citizen domicile of Delhi can become a member of the Society.
(f) His signatures on the Passport, Power of Attorney, Indemnity Bond and Application vary vastly.
Note: Thus the membership of Shri Prasheel Bhardwaj has been granted illegally on the basis of forged documents / suppression of facts by the then Secretary Mr. Madan Sharma.
Payments Made
Ser Receipt No Date Amount Mode of Payment
1. 1811 13.2.1995 Rs 110.00 Cash
2. 1819 23.2.1995 Rs 10, 000.00 Cash
3. 1820 23.2.1995 Rs 60, 000.00 Cheque
4. 1883 10.5.1995 Rs 1, 05, 000.00 Cheque
5. 1961 07.8.1995 Rs 75, 000.00 Cash
6. 2474 31.1.1997 Rs 50, 000.00 Cash
7. 2729 17.5.1997 Rs 1, 00, 000.00 Cheque
8. 2962 18.8.1997 Rs 1, 00, 000.00 Cheque
9. 3598 07.7.1998 Rs 4, 25, 000.00 Cheque
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Total Amount Paid Rs 9, 25, 110.00
As per records available, no other payments to the Society have been made by Shri Prasheel Bhardwaj. However, SBI Bank statement submitted by Shri Prasheel Bhardwaj shows Rs 4, 25, 000/- having been debited twice on the same day against two different cheques where as the Society had received only one cheque. This needs clarification!
It may be noted that Society does not have Bank Statements/ authentic records/ ledger of that period, Since Mr. Madan Sharma, the then secretary had not handed over these documents and an FIR was lodged against him.
Draw of Lot & Possession
The draw of lot for DIN CGHS Ltd was held on 04 Oct 1998 and Shri Prasheel Bhardwaj was allotted Flat No 19.
On 07 Jul, the Society forwarded letter No DIN / 99 of the same date to all members intimating levy of Rs 25, 000/- as one time maintenance money to cover up the amount already spent, payment of interest and instructing the members to obtain a ‘No Dues Certificate’ from the Society in order to get possession of the flat(s).
On 28 Aug 1999, the Society again sent a letter to Shri Prasheel Bhardwaj advising him to submit all documents for conversion of the flat from lease hold to free hold and to obtain a ‘No Dues Certificate’ from the Society after clearing all dues which included Rs 25, 000/- maintenance money and interest as applicable.
On 22 Jan 2000, The Society sent another letter to Shri Prasheel Bhardwaj to pay Rs 5, 000/- as security deposit for electric meter and maintenance charges without which electricity connection will not be provided to individual flats.
On 02 May 2000, the Society forwarded to Shri Prasheel Bhardwaj a letter along with ‘Clearance Form’ with request to fill up the required information and submit to the Society, pay his dues and apply for the ‘No Dues Certificate’ before taking possession of the flat.
Neither Shri Prasheel Bhardwaj nor any of his authorised representatives appear to have responded to the letters mentioned in preceding Paragraphs. Therefore, the question of handing over possession of Flat No 19 to Shri Prasheel Bhardwaj does not arise.
Grey Areas
There after, in all probability, Shri Prasheel Bhardwaj resigned from the Society and discontinued to be a member of the Society. It can not be ascertained, if the amount paid by him has been refunded/ or transferred elsewhere as ledger and other accounts details of that period have not been handed over by then Secretary Mr. Madan Sharma. This is evident from the fact that DDA vide letter No F.7(132)92/GH/DDA dated 01 May 2003 has intimated that Membership No 411, Flat No 19 did not appear in the list forwarded by the Society to the DDA on 08 Nov 2002 and asked for status of the flat along with other such flats. No other records of the period were handed over by Shri Madan Sharma, the erstwhile Secretary of the Society. Cases against Shri Madan Sharma are still pending with EOW / courts to retrieve various documents / files.
Contention of Shri Prasheel Bhardwaj
Shri Amit Ojha, Advocate with Power of Attorney (The POA appears to have been executed by some other Prasheel Bhardwaj as the signature of executant is entirely different - in case of American Citizen, the fact should have been clearly spelt out in affidavit or this should have been executed in America?) from Shri Prasheel Bhardwaj approached the Society vide letter dated 26 Aug 2003 to say that Shri Prasheel Bhardwaj had paid Rs 9, 25, 000/- and was allotted Flat No 19 as per draw of lot. Shri Prasheel Bhardwaj came to India and stayed in Delhi from 06 Mar 2000 to 16 Mar 2000 but the Society could not give possession of the Flats as they were not ready. He further contended that the Society vide its letter dated 02 May 2000 informed Shri Prasheel Bhardwaj to take physical possession of the flat. As Shri Prasheel Bhardwaj was in the US, he authorised his uncle (No such authority letter is available in his file neither a copy of authority letter received by Society has been submitted by him?) to take possession of the Flat No 19 and the Society handed over the possession of the Flat to him. The said uncle then rented out the flat to Shri Raman Dixit from 20 Jan 2001 to 24 Feb 2002. There after he handed over the keys of the flat to Shri JP Sharma, uncle of Shri Prasheel Bhardwaj.
Shri Ojha has incorrectly stated that the Society vide letter dated 02 May 2000 had informed Shri Prasheel Bhardwaj to take possession of the flat. This letter clearly instructs members to fill up the ‘clearance form’, pay all dues and obtain the ‘No Dues Certificate’ from the Society before taking possession of the flat. This procedure does not appear to have been completed by Shri Prasheel Bhardwaj or his authorised representatives.
Contradictions
As far as renting out the flat to Shri Raman Dixit and non availability of Shri Prasheel Bhardwaj in India is concerned, Shri Prasheel Bhardwaj has made a different and contradictory statement in a letter dated 07 Feb 2007 addressed to the Registrar Cooperative Societies where-in he has stated that he and his cousin moved into Flat No 19.
Shri Prasheel Bhardwaj in his letter dated 07 Feb 2007 gives the impression that he did not know the location of the Society office. This seems implausible if he had stayed in the flat.
Shri Prasheel Bhardwaj vide his letter dated 15 Mar 2007 has provided copies of Society letters dated 04 and 05 Oct 1998 (issued immediately after the draw of lot) instead of the original Share Certificate and Possession Letter which does not meet the requirement. In the same letter dated 15 Mar 2007, he states that his nephew, Shri Raman Dixit, lived in the flat after allotment, as the latter was working in Delhi. But after some time he got a job in Saharanpur. This is another contradiction to his statement made to the RCS where-in he stated that he himself moved in along with his cousin.
Shri Amit Ojha submitted on 20 May 2009 in his application dated 11 Dec 2008 to the RCS that after the allotment of Flat No 19, his cousin stayed in the flat during the year 2000 and 2001 and vacated. He adds that the Secretary of the Society forcibly took over the flat and Shri Prasheel Bhardwaj being an NRI came to India in 2005. This is contrary to statements made by Shri Amit Ojha on 26 Mar 2003, his petition in the Court of the RCS and application of Shri Prasheel Bhardwaj dated 07 Feb 2007 to the RCS.
Thus it is a case of acquiring membership of DIN CGHS Ltd illegally based on forged application, suppressing / concealing facts in the Affidavit and subsequently submitting contradictory statements to the Society, the RCS and the Court of the RCS - in collusion with then Secretary Mr. Madan Sharma? Or else present MC will have to bear it.
Conclusion
Shri Prasheel Bhardwaj and / or his Attorney do not have any of the following documents to prove that he had taken possession of Flat No 19:-
(a) Original Share Certificate - – copy not available with Society.
(b) ‘No Dues Certificate’ from the Society - has not been issued as per Society records.
(c) Receipt of payment of Rs 5, 000/- as security deposit for electricity meter before connecting electricity to the Flat.
(d) Receipt for payment of Rs 25, 000/- as one time maintenance money.
(e) Receipt for payment of monthly maintenance till the date of taking possession of Flat No 19.
(f) Receipts for payment of electricity and water charges for the period Feb 2001 to Feb 2002; the period he claims that the flat was rented out.
(g) Any rent receipt given to the so called tenant.
(h) No rent agreement was submitted to the Society, as is the norm.
It may be appropriate to file an FIR against Shri Prasheel Bhardwaj for acquiring membership of the Society illegally and investigation by an appropriate agency for his date of birth, place of birth, NRI status, source of funding, different signatures on Application, passport, affidavit, Power of Attorney, authenticity of the so called tenant and the numerous inconsistencies in his statements.
