1. VK Sharma’s Version.
(a) Shri VK Sharma brother of Anil Sharma filed a criminal case in the Court of Shri Sanjay Jindal, ACMM-I, against the office bearers of the present Management Committee (MC) on 10.07.2009.
(b) According to VK Sharma, Flat No. 38 was allotted to Anil Kumar Sharma and the possession of the flat was given to the latter on 20.09.2000 and he had put his lock on the flat.
( c) On 02.11.2008, Col Jagdish Madan, the then Secretary issued a ‘NO OBJECTION CERTIFICATE ‘ (NOC) to Anil Sharma.
(d) On 17.02.2009, Anil Sharma was informed that he was an expelled member. He visited his flat on 25.02.2009 and found his flat locked and upon enquiry came to know that the lock was put by Col Jagdish Madan and connivance with other office bearers of the Society.
(e) Shri MK Negi deposed before Shri Sanjay Jindal, ACMM-I, stating that Anil Kumar Sharma was allotted a flat with Membership No. 435 in Din CGHS Ltd and physical and vacant possession of Flat No. 38 was given to Anil Kumar Sharma on 20.09.2000 and the flat has been in possession of Anil Kumar Sharma since then.
(f) Shri Vinod Kumar, LDC of the RCS’s office also deposed before Shri Sanjay Jindal that as per records Anil Kumar Sharma was a member, vide Membership No.435 in Din CGHS Ltd
(g) Based on above depositions, Shri Sanjay Jindal, ACMM-I concluded that there are grounds to assume that Anil Kumar Sharma has been wrongfully restrained from entering into his own flat and act of putting lock on the flat tantamount to house tress pass. He held Shri AK Malpani and Col Jagdish Madan responsible for this act.
2. Plea. The present office bearers of the Society may be summoned, tried and punished in accordance with law.
(a) Shri VK Sharma brother of Anil Sharma filed a criminal case in the Court of Shri Sanjay Jindal, ACMM-I, against the office bearers of the present Management Committee (MC) on 10.07.2009.
(b) According to VK Sharma, Flat No. 38 was allotted to Anil Kumar Sharma and the possession of the flat was given to the latter on 20.09.2000 and he had put his lock on the flat.
( c) On 02.11.2008, Col Jagdish Madan, the then Secretary issued a ‘NO OBJECTION CERTIFICATE ‘ (NOC) to Anil Sharma.
(d) On 17.02.2009, Anil Sharma was informed that he was an expelled member. He visited his flat on 25.02.2009 and found his flat locked and upon enquiry came to know that the lock was put by Col Jagdish Madan and connivance with other office bearers of the Society.
(e) Shri MK Negi deposed before Shri Sanjay Jindal, ACMM-I, stating that Anil Kumar Sharma was allotted a flat with Membership No. 435 in Din CGHS Ltd and physical and vacant possession of Flat No. 38 was given to Anil Kumar Sharma on 20.09.2000 and the flat has been in possession of Anil Kumar Sharma since then.
(f) Shri Vinod Kumar, LDC of the RCS’s office also deposed before Shri Sanjay Jindal that as per records Anil Kumar Sharma was a member, vide Membership No.435 in Din CGHS Ltd
(g) Based on above depositions, Shri Sanjay Jindal, ACMM-I concluded that there are grounds to assume that Anil Kumar Sharma has been wrongfully restrained from entering into his own flat and act of putting lock on the flat tantamount to house tress pass. He held Shri AK Malpani and Col Jagdish Madan responsible for this act.
2. Plea. The present office bearers of the Society may be summoned, tried and punished in accordance with law.
3. The Society’s Stand.
(a) No written statement has been filed in the Court of Shri Sanjay Jindal, ACMM-I.
(b) The Society has filed a revision petition in the Court of Shri NK Kaushik, District and Sessions Judge, Dwarka against the summoning order dated 25.01.20010 issued by Shri Sanjay Jindal, ACMM-I to Shri AK Malpani, President and Col Jagdish Madan, ex-Secretary.
( c) VK Sharma filed CC No. 141/1/09 against office bearers of Din CGHS Ltd by concealing material facts.
(d) The Trial Court summoned Shri AK Malpani and Col Jagdish Madan under section 341 / 442 / 34 of IPC on mere presumption.
(e) The Trial Court erred in holding that Anil Kumar Sharma was ever put in possession of Flat No. 38 since he did not bring on record the letter of handing over of possession and letter of allotment.
(f) VK Sharma’s contention that he had heard regarding putting of lock by Col Jagdish Madan on the door of Flat No. 38 is hearsay evidence.
(g) The ‘Possession Certificate’ issued by Shri MK Negi, ex-Secretary on 22.02.2005 has no basis and is a forged letter prepared by Anil Kumar Sharma being in collusion with Shri MK Negi to cheat the Society.
(h) The Trial Court failed to observe that an expelled member can never be allotted flat and put in possession of flat till his expulsion stands.
(i) The Trial Court failed to observe that Shri MK Negi has categorically stated in his statement that he was elected as Secretary in January 2001 for a period of three years as per CGHS Rules. Therefore, he could not have issued any Possession Certificate dated 22.02.2005 in the capacity of Secretary, which letter, however, does not prove handing over possession of the flat to Anil Kumar Sharma.
(j) Shri MK Negi has brought nothing on record from where he has verified the fact that Anil Kumar Sharma has been in possession of Flat No. 38.
(k) Anil Kumar Sharma has himself admitted that he was expelled and that issue is pending disposal before the learned Financial Commissioner, Delhi.
(l) The office bearers of the Society cannot be made to succumb to the pressure tactics to put Anil Kumar Sharma in possession of Flat No. 38 which was never allotted to him.
(m) As per DCS Act, expelled members have no right except to claim their money back. Any decision / act of the General Body of the Society contrary to the said Act amounts to illegal act, which has no sanctity in the eyes of the law.
(a) No written statement has been filed in the Court of Shri Sanjay Jindal, ACMM-I.
(b) The Society has filed a revision petition in the Court of Shri NK Kaushik, District and Sessions Judge, Dwarka against the summoning order dated 25.01.20010 issued by Shri Sanjay Jindal, ACMM-I to Shri AK Malpani, President and Col Jagdish Madan, ex-Secretary.
( c) VK Sharma filed CC No. 141/1/09 against office bearers of Din CGHS Ltd by concealing material facts.
(d) The Trial Court summoned Shri AK Malpani and Col Jagdish Madan under section 341 / 442 / 34 of IPC on mere presumption.
(e) The Trial Court erred in holding that Anil Kumar Sharma was ever put in possession of Flat No. 38 since he did not bring on record the letter of handing over of possession and letter of allotment.
(f) VK Sharma’s contention that he had heard regarding putting of lock by Col Jagdish Madan on the door of Flat No. 38 is hearsay evidence.
(g) The ‘Possession Certificate’ issued by Shri MK Negi, ex-Secretary on 22.02.2005 has no basis and is a forged letter prepared by Anil Kumar Sharma being in collusion with Shri MK Negi to cheat the Society.
(h) The Trial Court failed to observe that an expelled member can never be allotted flat and put in possession of flat till his expulsion stands.
(i) The Trial Court failed to observe that Shri MK Negi has categorically stated in his statement that he was elected as Secretary in January 2001 for a period of three years as per CGHS Rules. Therefore, he could not have issued any Possession Certificate dated 22.02.2005 in the capacity of Secretary, which letter, however, does not prove handing over possession of the flat to Anil Kumar Sharma.
(j) Shri MK Negi has brought nothing on record from where he has verified the fact that Anil Kumar Sharma has been in possession of Flat No. 38.
(k) Anil Kumar Sharma has himself admitted that he was expelled and that issue is pending disposal before the learned Financial Commissioner, Delhi.
(l) The office bearers of the Society cannot be made to succumb to the pressure tactics to put Anil Kumar Sharma in possession of Flat No. 38 which was never allotted to him.
(m) As per DCS Act, expelled members have no right except to claim their money back. Any decision / act of the General Body of the Society contrary to the said Act amounts to illegal act, which has no sanctity in the eyes of the law.
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