INFORMATION SOUGHT BY THE RCS

No.DIN/ RCS / 5-A/ 2010 22nd August 2010



The Registrar Cooperative Societies,
Govt. of NCT of Delhi,
Parliament Street, New Delhi-110 001.

Sub: REGARDING INFORMATION FROM THE SOCIETY



Dear Sir,



1. Please refer to your letter No.F.47/852/GH/SW/4008, dated 4.8.2010.


2. The information sought by the RCS is given in succeeding Paras.


3. Vacancy Position After Draw of Lot on 04.10.1998. 17.


4. Members Resigned After Draw of Lot. 11.Details attached as Annexure ‘A’.


5. Members Expelled After Draw of Lot. 6. Details attached as Annexure’B’.


6. Members Enrolled After Draw of Lot. 17. However, 25 Flats were allotted to 17 new Members enrolled and 8 flats were allotted to original members, who had not been included in the Draw of Lot. Details attached as Annexure ‘C’.


7. Name of Members and Flat Nos. Allotted by the Society. Details attached as Annexure ‘C’.


8. Names & Address of MC Members Involved in Self Draw of Lot Details attached as Annexure ‘D’

9. Court Cases Pending Regarding Membership And Possession.



(a) Anil Sharma Vs Din CGHS Ltd. in FC’s Court (Case No. 247/09) - Annexure ‘E’



(b) Anil Sharma Vs Din CGHS Ltd. in Dwarka Court (Case No.141/1/09) - Annexure ‘F’



(c) Prasheel Bhardwaj Vs. Din CGHS Ltd. in RCS’s Court - Annexure ‘G’.



(d) Madan Sharma Vs. Din CGHS Ltd. in Consumer Forum.(Case No.DF VII/37/10 - Annexure ‘H’.



(e) Madan Sharma Vs. Din CGHS Ltd. in Tis Hazari Court (Case No.192/4/2003) - Annexure ‘I’.



(f) Amrit Kaur Vs. Din CGHS Ltd. in Dwarka Court (Case No.61/2010) - Annexure ‘J’



(g) Praveen Kumar Vs. Din CGHS Ltd. in DCT (Case No.120/2008/DCT) - Annexure ‘K’.



(h) Inderjeet Mankotia Vs. Din CGHS Ltd. in DCT (Case No. 184/2008) - Annexure ‘L’.






Annexure ‘A’

LIST OF MEMBERS WHO RESIGNED
AFTER THE DRAW OF LOT




S.No. Membership No. Name Flat Allotted Date of Resignation


1. 411 Prasheel Bhardwaj 19 Not Available
2. 434 Mrs. Ranju Bhardwaj* 31 05.05.1999
3. 465 Prashant Gaba* 34 28.03.1999
4. 355 Mahesh Chandra Sharma 48 26.08.1999
5. 350 Subhash Bhargawa 57 Not Available
6. 352 Chetan Kumar* 109 31.03.1999
7. 415 Shrikrishan Bhardwaj* 117 05.05.1999
8. 439 Vinay Kumar Kansal* 129 30.03.1999
9. 226 Jeevan Nayak* 162 07.12.1998
10. 454 Mrs.Rajeshwari Bali 20 15.12.1998
11. 347 Mrs. Krishna Sharma* 53 Not Available




* Transferred to Ramakrishna CGHS Ltd vide Ramakrishna CGHS Ltd letter No.RAMAKRISHNA CGHS/DIN-TFRD/2007 dated 02.06.2007.




Annexure ‘B’



LIST OF MEMBERS EXPELLED


S.No. Membership No. Name Flat Allotted Date of Expulsion


1. 429 Mrs.Kamlesh Sethi* 110 01.02.2001

2. 270 Susheel Kumar Detained N.A.

3. 331 Omwati Sharma** Detained 19.02.1999

4. 435 Anil Sharma** Detained 19.02.1999

5. 416 Sukh Ram Meena*** Detained 14.02.1999

6. 332 Dashrathi Gopalan*** Detained 14.02.1999


Authority :


* RCS letter No.RCS/ 205 /99 /514 dated 01.02.2001

** RCS letter No. Reader / RCS / 99-967-972 dated 19.02.1999.

*** RCS letter No. Reader / RCS / 99 / 889 / 892 dated 14.02.1999.





Annexure ‘C’



FLATS ALLOTTED BY THE SOCIETY


Ser. No. Flat No. Name

1.4 Shri AK Goel Jt. with SP Goel**
2.8 Ms. Harveen Kaur
3. 28 Mrs. Arti Bhattacharjee**
4. 31 Shri Anil Sharma**
5. 34 Shri Thakur Datt**
6. 38 Shri Anil Sharma*
7. 39 Dr. S. Radhakrishnan Jt with N. Radhakrishnan**
8. 41 Shri YS Mathur**
9. 46 Ms. Geetika Somani
10. 48 Mrs.Rashmi S. Chari Jt with S. Chari**
11. 57 Mrs. Suman Nalwa Jt. with Sh K. Mahesh**
12. 71 Shri Piush Bansal**
13. 77 Smt. Meera Swarup
14. 85 Shri Inderjeet Mankotia**
15. 109 Shri Anil Misra
16. 112 Smt. S. Dharmadhikari
17. 117 Shri Harjeet Singh Mongia
18. 122 Smt. Jaswanti Devi**
19. 123 Shri Praveen Kumar**
20. 129 Shri Ramji Prasad Shrivastava
21. 132 Shri S. Narayanan NV**
22. 142 Shri Digvijay Kumar Jt with Rashmi Kumar**
23. 151 Shri PN Kanth**
24. 161 Mrs. DD Ramgariha
25. 162 Shri S. Chandrasekhar**


* Expelled Member

** Membership not approved by the RCS.






Annexure ‘D’



CONSTITUTION OF MANAGEMENTS COMMITTEES



Sr.No. Names Tenure Address
From 15.10.2000 to 31.05.2002


1.K.Subramanian,Vice President B-13, 2nd Floor,
Green Park Main,
New Delhi-110 016


2.Lt. Col AV MohanChandran


3.Maj RD Sharma


4.Girish Kumar


5.Syampur Shrikant



6.MK Negi, Secretary C-595, Sarita Vihar, Mathura Road, New Delhi-110044.



7.Mrs. Aruna Vijay



8.Ms. Urmil Malhotra, Treasurer



9.YS Mathur Co-opted on 21.10.2001 Flat No.41, Din CGHS Ltd Plot 7, Sector 4, Dwarka, New Delhi - 110 078



10.Smt. Meena Gupta Elected 23.12.2001


From 01.06.2002 to 23.08.2008 (Charge handed over on 14.09.2008 upon intervention of RCS)


1.K. Subramanian, President

2.MK Negi, Secretary

3.YS Mathur Treasurer

4.Rajeev Manchanda,

5.Meena Gupta

6.Urmil Malhotra

7.Praveen Kumar, Vice President (Resigned in 2006)

8.Ranbir Singh - Illegally expelled from the MC on 01.06.2003

9.AK Malpani - Voted out of the MC on 01.06.2003.





Annexure ‘E’



ANIL SHARMA’s CIVIL SUIT BEFORE THE FINANCIAL COMMISSIONER: CASE NO. 247/09


1. Anil Sharma’s Version.

(a) He was enrolled as a member of the Society on 9th Nov 1995 with Membership No. 435.

(b) He was allotted Flat No 38 and given possession on 20 Sep 2000.

(c) He was expelled by the RCS without following due process of law u/r 36 on 19 Feb 1999. He was not given any opportunity to be heard.

(d) The proposal for his expulsion was forwarded to the RCS without giving him any of the three mandatory notices by the Society.

(e) His expulsion from the Society was not conveyed to him until 07 Jul 2009; that too as a reply to his RTI query to the RCS.

(f) The MC, in its meeting held on 19 Feb 1999, allowed Anil Sharma to continue as a
member with his old Membership No. 435 after he cleared his dues on 18 Feb 1999.

(g) The present MC has no power to over rule the decision of the earlier MC and intends to allot the flat to someone else at under hand premium.

(h) The RCS is fully empowered to sanction the re-admission of an expelled member.

(i) Anil Sharma’s name is included in the list of members even after the ‘expulsion order’.

(j) He has been paying maintenance dues regularly to the Society.

(k) He has been receiving GBM notices from the Society.

(l) He was allotted Flat No. 38 when the Society conducted a draw of lot for 24 other members.

(m) The present MC has illegally locked the flat

2. Plea

(a) Expulsion order of the RCS dated 19 Feb 1999 be set aside and Anil Sharma be declared a valid member of the Society.

(b) The Society be directed to remove the lock from Flat No. 38.

(c) The Society be held liable to pay Rs 15,000/- per month from Feb 2009 till the flat is unlocked.

(d) The original record and the case file of expulsion bearing No. Reader/RCS/1999 may be requisitioned.

(e) Any other relief.






3. The Society’s Stand

(a)Anil Sharma became member of the Society with Membership No.435 on 9.11.1995.

(b)Since he has not cleared his dues, he was served with three Notices; the last one was served on 9.11.1998.

(c)Thereafter, the Society approached the RCS with the request to approve expulsion of Anil Sharma vide letter No.DIN / 17/ EXPULSION/98 dated 26.11.1998.

(d)The RCS issued Notices to Anil Sharma and give him time to for explanation through his representative Smt Omwati Sharma on 15.12.1998.

(e)The RCS directed Anil Sharma through his representative to clear all dues of the Society by 17.02.1999.

(f)On 19.02.1999, the RCS approved the expulsion of Anil Sharma vide Order No. Reader/RCS/99 /96-97-7-972.

(g)Anil Sharma sent a back dated cheque No. 703978 dated 18.02.1999 for Rs.7,59,937/- to the Society through one Shri Naveen Nakul by hand on 22.02.1999.

(h)The Society sought permission of the RCS regarding acceptance of the cheque and seeking permission to allow Anil Sharma to continue his membership vide letter No. DIN/17/ 98 dated 24.02.1999.

(i)Under directions of the RCS, the Society returned cheque No. 703978 dated 18.02.1999 for Rs.7,59,937/- to Anil Sharma vide letter No. DIN / 17/ 99 dated 05.03.1999.

(j)Anil Sharma, in collusion with the then Secretary of the Society, Shri Madan Sharma who is being prosecuted vide FIR No. 548/03 dated 06.07.2003, forged Receipt No. 3887 dated 15.03.1999 and alleged to have deposited the amount of Rs.7,59,937/- in the account of the Society. The deposit remains untraceable in the Society’s account till date.

(k)There is no approval of the RCS for acceptance of this amount nor is there any approval of his reinstatement by any GBM / MCM.

(l)Since Anil Sharma was not allotted any flat in the draw of lot held on 04.10.1998, no possession of the flat was ever given to him by anybody.

(m)Thereafter, Shri MK Negi, the then Secretary of the Society also being in collusion with Anil Sharma, forged a letter dated 22.02.2005 stating that possession of Flat No.38 was given to Anil Sharma on 20.09.2000.

(n)Shri YS Mathur, who took over from Shri MK Negi revalidated the possession letter issued by Shri MK Negi and issued NOC to Anil Sharma on 29.07.2006.

(o)On 25.02.2009, Col Jagdish Madan, the then Secretary, accompanied with Anil Sharma met the RCS, Shri UK Wohra, in his office to confirm the membership status of Anil Sharma. The RCS told Col Jagdish Madan that Anil Sharma remains an expelled member and cannot be given the possession of the flat.

(p)On 12.03.2009, a legal notice was served upon Anil Sharma not to pay any charges to the Society as he had been expelled by the RCS vide order dated 19.02.1999.

(q)On 07.07.2009, the expulsion order of Anil Sharma was reconfirmed by the RCS vide letter No. F.47/ 852/ GH/ SW/ Coop/ 472 dated 07.07.2009.

Annexure ‘F’



SHRI VK SHARMA: CRIMINAL CASE NO. 141/1/09 BEFORE SHRI SANJAY JINDAL, ACMM - I, DWARKA COURTS



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.




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.

Annexure ‘G’

PRASHEEL BHARDWAJ Vs DIN CGHS LTD
CASE No RCS/005/09/SW/1670



Membership Issues

Shri 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 No. 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
---------------------
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.

It may be noted that the 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 FIR No. 548/03 dated 06.07.2003 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 1999, 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 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

Thereafter, 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. Thereafter, 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 physical 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 wherein 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 wherein 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. This is contrary to statements made by Shri Amit Ojha on 26 Mar 2003, in 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.

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.

Annexrure ‘H’

MADAN SHARMA VS DIN CGHS LTD IN CONSUMER FORUM:
CASE NO. DF VII/37/10

Madan Sharma’s Version

1. Flat No. 122 was allotted to Madan Sharma during the draw of lot held on 04.10.1998. He changed Flat No.122 for Flat No. 2 through the DDA.

2. He had taken physical possession of Flat No. 2 from the Society and holds valid ‘Possession Letter’ signed by Shri Subhash Bhargava, the then President.

3. The Society has forcibly occupied Flat No. 2 and is denying entry into the same to Madan Sharma.

Prayer

4. The Society be directed to hand over Flat No. 2 to Madan Sharma.

5. Any other relief.

Society’s Stand

6. The District Consumers Grievance Redressal Forum has no jurisdiction over the case under Rule70 of DCS Rules 1973.

7. Madan Sharma was allotted Flat No.122 in the draw of lot held 04.10.1998 which he further allotted to Smt. Jaswanti Devi on 06.09.2000.

8. Madan Sharma also sold Flat No.122 to Shyam Choudhary on 08.09.2000 and forged back dated documents in support of the sale.

9. Madan Sharma committed financial irregularities and misappropriation funds of the Society for his personal use. FIR No. 548 /2003 dated 06.07.2003 was filed against him and other office bearers during his tenure.

10. His claim over any flat in the Society is untenable.Annexure ‘I’

DIN CGHS LTD VS MADAN SHARMA & ORs IN TIS HAZARI:
CASE NO. 192/4/2003



Case No 192 / 4 / 03 was filed by Shri MK Negi against Shri Madan Sharma, Shri Harjeet Singh Mongia and Shri Subhash Bhargava in 2003. The summons were received from the Court of Ms Shelly Arora, MM on 24.06.2010 for Secretary to be physically present in the Court on 21st Jul 2010. Upon cheking the records handed over to this MC, it was discovered that the case file has not been handed over by the previous MC. A query raised with Shri K. Subramaniam and Shri YS Mathur about the case and its related documents drew a blank. The MC decided to pursue the case in order to preserve the proceedings on record. It was also decided that we can withdraw the case on the grounds that all three accused are deceased. In such a case, the Judge will record our reason for withdrawal and close the case. In the eventuality of the case being closed, as against being dismissed, the record of the case cannot be held against the Society.

3. On 21st Jul 2010 in the Court of Ms Shelly Arora, MM (Room No. 182, Tis Hazari Courts), CC. No. 192 /4 /2003. At the outset, upon being questioned, the Court was informed that Brig Rakesh Goel, Secretary had taken ill and, therefore, could not be present in the Court. The Court was informed that since all three accused were no more, the MC is keen to obviate the possibility of legal heirs of the deceased accused laying any claims on the Society. The Society wants the proceedings to remain on record.

4. The Court wanted to know what happened to the FIR ordered by it. The Court was informed that FIR No. 548 / 2003 was filed against the three accused persons on 06th Jul 2003 by Police Station Uttam Nagar. But the Society has no information on the connection between the present case before the Court and the FIR. The Court informed Col Jagdish Madan, Retd that it had ordered the SHO Uttam Nagar to file the FIR vide its order dated 01st Jul 2003.

5. The Court then wanted to know if the Charge Sheet had been filed by the Police in the case. Upon showing ignorance of the progress on FIR, Ms Shelly Arora, MM said she will find out the progress from the Police and inform us on the next date of hearing - 09th Sep 2010.

Society’s Version

1. Mr MK Negi, the authorized representative of the Society, was appointed as the Secretary in Jan 2001. Mr Madan Sharma acted was Hony Secretary, Shri Harjeet Singh Mongia the Treasurer and Shri Subhash Bhargava as the President until 31 Dec 2000. During their tenure in office, the Society opened several bank accounts with different branches.

2. During his tenure as Secretary, Shri Madan Sharma held all charge, books, accounts, records, share certificates of the Society with an understanding that while relinquishing the post of Secretary, he will hand over all these documents to the newly elected MC.

3. Shri Madan Sharma, in collusion with Shri Harjeet Singh Mongia and Shri Subhash Bhargava, were negligent in performing their duties and committed numerous irregularities during their tenure as well as the during the period immediately after handing over charge.

4. Harboring malafide intentions, Shri Madan Sharma deliberately avoided handing over of charge and various important documents, accounts, books, records, share certificates to the new MC.

5. The Society approached the RCS for directions to Shri Madan Sharma to hand over the charge as well as the documents. The RCS appointed a Magistrate with directions to appoint a police officer to seize all such records from custody of Shri Madan Sharma and hand the same over to the Society.

6. The SDM Kalkaji raided the residence of Shri Madan Sharma at A-750, Sarita Vihar, New Delhi but no documents could be located. However, there was one almirah kept in the Society where-in the documents were suspected to have been kept. The SDM opened the almirah and found that no worthwhile documents were contained there-in.

7. All the three accused persons, in connivance with each other, fraudulently withdrew huge amount of liquid cash from the Society’s bank accounts misappropriated the same.

8. During their tenure, the accused persons spent large amounts of money and have not furnished any details of the expenditure incurred by them on behalf of the Society. They regularly misused the Society funds for their own use.

9. They opened Acct No. 336 in Feb 1997 in Vaish Coop Bank at Sarita Vihar and did not reflect either the account or the balance amount of Rs. 99, 990/- in that account in any account books of the Society and concealed the same from the auditors.

10. The accused deposited a cheque for Rs. 40, 000/- received from Shri MK Malhotra (Flat No. 15) into this account on or before 11 March 2001; when they had ceased to be the office bearers.

11. On 14th March 2001, Shri Madan Sharma and Shri Harjeet Singh Mongia withdrew the same amount vide Cheque No. 119089 having signed the Cheque as Secretary and Treasurer respectively.

12. On 27th Feb 2001, Shri Madan Sharma and Shri Harjeet Singh Mongia withdrew Rs 15, 000/- from the same account vide Cheque No. 119085 having signed the Cheque as Secretary and Treasurer respectively.

13. The accused persons manufactured back dated documents (Agreement to sell, Receipt, Affidavit, Special Power of Attorney, Possession Letter & Will etc.) pertaining to Flat No. 122 creating the impression that the Flat No. 122 had been sold to Shri Shyam Choudhary. In actual fact, Flat No. 122 had been sold by the accused to Smt Jaswanti Devi on 06th Sep 2000. All the forged documents have been used by the accused in different forums in order to cheat the Society.

14. The accused persons issued back dated NOCs to each other stating there-in that possession of flats has been handed over to them as full payment had been received from them. In actual fact, Shri Madan Sharma and Shri Subhash Bhargav had huge arrears of payments due pending against them.

15. Flat No. 2 was allotted to Shri Madan Sharma but had never been handed over to him. The NOC issued to Shri Madan Sharma in respect of Flat No.2, therefore, is redundant.

16. During the tenure as Secretary of DIN CGHS Ltd, Shri Madan Sharma launched a new society known as Ramakrishna CGHS Ltd and transferred large amount of funds of DIN CGHS Ltd to the new Society.

17. The accused persons have threatened to manufacture more such back dated documents and involve the Society in avoidable litigations.

18. On 14th Jan 2003, Shri Madan Sharma and Shri Harjeet Singh Mongia issued Cheque No. 009697 for Rs. Ten lakhs drawn on SB of Indore, Greater Kailash to Shri Shyam Choudhary. They had no authority to issue such cheques from the Society’s accounts.

Annexure ‘J’

AMRIT KAUR VS DIN CGHS LTD: CASE NO. 61/2010

Amrit Kaur’s Version

1. Amrit Kaur’s nephew, Harjeet Singh Mongia was allotted Flat No. 117 and handed over physical possession of the same by the Society.

2. Physical Possession certificate dated 07.10.2001 signed by MK Negi was issued to him.

3. Harjeet Singh Mongia has been paying all electricity, water, monthly maintenance and yearly ground rent charges demanded by the Society up to end-2005.

4. After Harjeet Singh Mongia died on 18 Jan 2006, Smt Amrit Kaur approached the Society with a request to transfer Harjeet Singh Mongia’s membership to her as she was the nominee of Sh. Harjeet Singh Mongia.

5. She visited the Society many times with the same request but her request was ignored.

6. In Jun 2008, she visited the Society office and was told to deposit Rs. 35, 000/- as this was the amount of dues against Sh. Harjeet Singh Mongia since 2000.

7. She sent a Demand Draft No. 280976 dated 19.7.2008 to the Society to clear all dues of Sh. Harjeet Singh Mongia.

8. She sent a Legal Notice dated 29.7.2009 to the Society through her Counsel Sh CL Sharma demanding handing over of Flat No. 117 within 15 days. The Society failed to comply with Legal Notice.

Amrit Kaur’s Plea

i) Permanent injunction may be passed in favor of Smt Amrit Kaur and the Society be restrained from transferring Flat No. 117 to anyone other than Smt Amrit Kaur.

ii) Direct the Society to transfer Flat No. 117 in the name of Smt Amrit Kaur.

Society’s Version

1. Shri Harjeet Singh Mongia, ex-Treasurer of the Society was not allotted any Flat in the draw of lot conducted by the DDA under supervision of the RCS on 04 Oct 1998.

2. Shri Harjeet Singh Mongia obtained a ‘Possession Letter’ for Flat No. 117 by colluding with Mr MK Negi, the then Secretary of the Society.

3. Shri Madan Sharma, the first Secretary unilaterally and illegally allotted Flat No. 161 to Shri Harjeet Singh Mongia vide letter No. DIN / 422/ 99-2000 .

4. Mr MK Negi issued allotment and possession letter dated 26 Dec 2001 for Flat No. 117 to Shri Harjeet Singh Mongia without any basis or grounds.

5. Mr MK Negi filed Civil Suit No 680 / 03 against Shri Harjeet Singh Mongia in Tis Hazari Court (File not available) which was dismissed in default on 28 Jan 2009 as no one ever appeared for the Society in the Court.

6. The records held by the Society (Application for Membership, Nomination Form, Member Information Performa appear to be forged.

7. Except for the ‘Possession Letter’ issued by Shri MK Negi, there is no other corroborating proof of Flat No. 117 ever having been either allotted or handed over to Shri Harjeet Singh Mongia.

8. FIR No. 548/03 dated 06.07.2003 has been filed against Shri Harjeet Singh Mongia for embezelment of Society funds.

Annexure ‘K’

DIN CGHS LTD VS PRAVEEN KUMAR & Anr
IN DCT: CASE NO. 120/2008/DCT

Background

1. The Society had taken a decision in the GBM held on 22.07.2001 to take up a case with the RCS to regularise membership of 16 persons enrolled by the Society after the draw of lot held on 04.10.1998 with the proviso that the 16 persons will pay equalisation charge @ Rs.2.5 lakhs each to the Society prior to taking up such a case. Most of the 16 persons did not pay the equalisation charge.

2. On 07.10.2007 the Society in its GBM held on the same date, once again decided that regularisation of membership of the 16 persons enrolled by the Society will be pursued subject to all of them paying equalisation charge to the Society amounting to Rs.2.5 lakhs plus an interest @ 5%. The deadline for payment of equalisation charge was set as 30.06.2008 and thereafter, the interest rate was to be enhanced to 12%.. Accordingly, demand notes were issued by the Society to each of them.

3. Shri Praveen Kumar (Flat No. 123) challenged the decision of the Society dated 07.10.2007 and demand note dated 30.10.2007 before the Arbitrator, Shri Mohan Lal Dawer.

4. On 25.05.2008, the Arbitrator held that the Society demand of Rs.2.5 lakhsas raised vide letter dated 30.10.2007 as well as the decision dated 07.10.2007 are illegal, unfair, arbitrary and discriminative and quashed the same. The decision taken by the Society during GBM held on 25.12.2007 to charge Rs.2.5 lakhs equalisation money from the 16 persons was also quashed.

Society’s Version

5. The Soceity challanged the legality and properiety of Arbitrator’s award dated 20.5.2008 before the DCT. The Arbitrator was made one of the respondents in the case.

6. Shri Mohan Lal Dawer was a member of the MC of Indraprastha CGHS Ltd and the cases of that Society used to be defended by the advocate representing Shri Praveen Kumar. As such, the Arbitrator Shri Mohan Lal Dawer may not have been neutral.


7. On 15.02.2008, the Society filed an application before the RCS for transfer of the case to some other Arbitrator. However, Registrar rejected the application vide order dated 04.04.2008.

8. The Arbitrator did not agree to adjourn the case denying the Society opportunity to challenge the order of the RCS. Hence, the Society joined the Arbitration proceedings.

9. Shri Praveen Kumar was enrolled as a member on 23.05.1999 after construction of the flats was complete. He had only paid the principal amount of the demand and no interest / equalisation charge whatsoever. However, there was a clear understanding that the equalisation amount will be paid as per rules. Shri Praveen Kumar, in collusion with the then MC, manage to avoid paying the equalisation amount.

10. The GBM held on 07.10.2007 constituted a Sub-Committee to consider the issue of equalisation amount to be charged to the newly enrolled persons. The report of the Sub Committee was considered by the GBM on 25.12.2007 and found to be indecisive, inconclusive and conflicting.

11. Shri Praveen Kumar did not challenge the legality of the GBM held on 25.12.2007 at that time. Besides, the decision of the GBM was not a dispute within the meaning of Section 70.

12. Mere enrolment and acceptance of principal amount does not confer an absolute right to a member who is governed by provisions of DCS Act/Rules and Bye-laws of the Society. Shri Praveen Kumar had given an undertaking that he shall abide by the provisions of the DCS Act/Rules and Bye-laws of the Society.

13. Since Shri Praveen Kumar was enrolled in the Society after completion of construction and provision for payment of equalisation amount existed on the date of his enrolment, he was obliged to pay the said amount.

14. On 28.05.1996, the RCS had issued a directive prescribing the maximum rate of equalisation amount and the same was adopted in Rule 36 A of the DCS Rules 1973 on 06.08.1997. Shri Praveen Kumar’s contention that these rules are subject to approval of the GBM is misleading and legeally untenable. The liberty prescribed in the Rule is restricted only to the quantum of equalisation amount.

15. Shri Praveen Kumar’s contention that the decision of the GBM is barred by limitation is untenable as Section 70(4)(1) provides that limitation, for a sum to be recovered from a member of the Society, starts from the date of the cessation of the membership. It was denied that there was any estopple for raising the demand for raising equalisation charge.

16. Shri Praveen Kumar had wrongly relied upon No Dues and No Demand Certificate dated 01.06.2003 and 25.11.2003 respectively issued to him. The said certificates were issued by the Society to help him to convert his Flat No.123, from leasehold to free hold and not an estopple for payment of equalisation amount.

17. An appeal against the order of Single Judge of Hon’ble High Court dated 19.02.2007 is sub-judice and the Society is liable to deposit a huge amount in the court under direction of the Division Bench of the High Court of Delhi. The MC, therefore, decided to utilise the equalisation amount for deposit of the liabilities which is wholly rational.

18. Shri Praveen Kumar purchased Flat No.123 at the cost of Rs.9.2 lakhs whereas the market value is around Rs. 60 lakhs. Therefore, withholding payment of equalisation charge by Shri Praveen Kumar is unjustified, illegal amd malafide.

19. The previous MC had not handed over certain records pertaining to the Society and the same were received through Police on 18.03.2008. On examination of the relevant file received through Police, it was discovered that Shri Praveen Kumar was liable to pay Rs.2.5 lakhs as equalisation amount. This information was concealed by Shri Praveen Kumar.

20. Shri Praveen Kumar challenged to payment of equalisation amount after a lapse of more than six years is time barred.

21. The Arbitrator should not have accepted Shri Praveen Kumar’s argument that the demand for equalisation charge has been raised by the Society just to illegally pass on the burden of liability imposed by the High Court to the 16 persons.

22. The Arbitrator termed the resolution of the GBM passed on 25.12.2007 as “Manipulation” by the MC to over reach the decision of the proceedings.

Prayer by the Society

23. The impugned award of the Arbitrator dated 20.05.2008 may kindly be set aside.

24. The appellant Society may kindly be allowed costs amounting to Rs.21,000/-.

25. Any other relief.

Annexure ‘L’

INDERJEET MANKOTIA VS DIN CGHS LTD IN DCT:
CASE NO. 184/2008/DCT

Inderjeet Mankotia’s Version

1. The nomination papers filed by Shri Inderjeet Mankotia and others for election to be held 23.08.2008 were wrongly rejected by the RO, Shri Naved Kumar

2. Membership of 16 newly enrolled persons has been wrongly not approved by the RCS vide letter dated 25.10.2006.

3. The RO wrongly deleted the names of 16 newly enrolled persons whose membership is yet to be approved from the list of members forwarded to him by Shri YS Mathur for election to be held on 23.08.2008.

4. All the 16 affected persons were legally enrolled and bonafide members of the Society and, therefore, can participate in election.

5. All the16 affected persons had also participated in the election held on 01.06.2002. Therefore, there is no reason to prevent them from participating from the election scheduled for 23.08.2008.

6. All the 16 affected persons had no prior knowledge of any dispute regarding their membership. The RCS’ letter dated 25.10.2006 came as a complete shock to them.

Prayer

7. The elections held on 23.08.2008 should be set aside and fresh election to be conducted.

8. Membrship of 16 persons to be regularised forthwith.

Society’s Stand

9. The nomination papers of some of 16 persons were correctly rejected by the RO in light of RCS’ letter dated 25.10.2006.

10. The RCS is right in rejected the membership of the 16 persons as he was being guided by DCS Act / Rules.

11. The Presiding Officer of the Tribunal declared that since the election has already been held in the Society on 23.08.2008, no further action in this regard is warranted..