MINUTES OF THE MANAGING COMMITTEE EMERGENCY MEETING: 30 Aug 2008

At the outset members were informed that on 29 Aug 2008, Col RC Kapoor requested Mr. YS Mathur, erstwhile Secretary, to expedite handing / taking over process between the outgoing MC and the one newly elected. Mr YS Mathur that:

(a) The process of handing / taking over can only commence once the MC meeting by outgoing MC has approved the process. The said meeting is likely to be held on 31 Aug 08; eight days after the elections were held and results declared.

(b) Mr Mathur informed that the outgoing MC can only take the decision to hand over after the results have been received officially from the RCS’ office. He was informed by Col Kapoor that the RCS’ office has a practice of informing only the incumbent MC and that a copy of the results has already been forwarded to the outgoing MC by Shri AK Malpani on 27 Aug 2008.

(c) Mr Mathur further stated that a few members have filed an appeal against holding of the elections (held on 23 Aug 2008) with the Cooperative Tribunal, Delhi which has fixed the hearing on 10 Sept 2008. The outgoing MC would like to wait for the outcome of the hearing on 10 Sept 2008 before taking a decision on handing / taking over.

Viewed against the backdrop of the Society elections having been postponed for over three years for some reason or the other, it became clear that Mr Mathur was again finding excuses to prolong his hold over Society affairs by unfair means and the motives are suspect in view of pending court cases especially with the contractors M/s Rana and M/s Chand respectively, which have been handled in a manner beneficial to the contractors. It is essential to take over the Management so that the damage done could be minimised before a final decisions is taken by the Courts.

The members also showed concern over the fact that three of the members of outgoing MC (Mr. Praveen Kumar, Vice President, Mr. YS Mathur, Secretary & Ms Jaswanti Devi, member) are members found ineligible from contesting / voting in election. Accordingly, a situation has been created to hold election by filing the appeal in Cooperative Tribunal. The above members along with ex-Secretary Mr. Madan Sharma are interested parties and would like to present case favourable to appellants. It is thus essential to take over the Management of Society at the earliest so that the factual position can be appraised to the Cooperative Tribunal.

It was unanimously agreed that the following actions would be taken to expedite taking over of charge from the previous MC:

(a) Instructions from the newly elected MC to HDFC Bank Ltd and The Delhi State Cooperative Bank Ltd to freeze all withdrawals from the Society account maintained in these banks until the incumbent MC has taken over the charge.

(b) A letter to be written to the Registrar Coop Societies apprising him of the circumstances prevailing and requesting him to intervene on behalf of the new MC.

Brig Rakesh Goel expressed his concern over the proposed freeze on withdrawals by the outgoing MC and outlined the inconvenience that could be caused to the people. He was informed that normal services like availability of water, electricity etc could still be ensured. It was also agreed that in larger interest of the Society the above actions are required to be taken.

There being no other issues at stake, the meeting was declared closed.

Note: The Notification of the RO was marked to the Society Notice Board and accordingly placed there-at on 25 Aug 2008

Handing / Taking of Charge

Letter addressed to the President and Secretary of the outgoing MC is reproduced below:

Shri K Subramaniam
President

Shri YS Mathur
Secretary
DIN CGHS Ltd
Plot # 7, Sector-4
Dwarka
New Delhi 27 Aug 2008

HANDING / TAKING OVER


Reference:
1. Notification of the Returning Officer No F. REO/AKN/024/14 dated 23 Aug 2008. (Copy Attached for Ready Reference).
2. Delhi Cooperative Societies Act 2003.
3. Delhi Cooperative Societies Rules 2007.

4. Bylaws of the Society filed and Registered at Registrar’s Office on 05 Nov 1983.

A meeting of the new MC elected on 23 Aug 2008 was held in the Society premises at 1945 hrs on 27 Aug 2008 and elected the following office bearers:

(a) Secretary - Col Jagdish Madan, Retd.
(b) Treasurer - Col RC Kapoor, Retd.

You are requested to hand over the charge of the Society including all movable / immovable assets, documents, accounts, updated lists of defaulters and payments due as well as all documents of pending court cases to the office bearers at the earliest. Shri Ranbir Singh, Vice President and Shri LC Tomar, MC Member are hereby authorized to assist the Secretary in taking over of documents.

Sincerely,

Sd/xxx
(AK Malpani)
President

Copy to: The Registrar Cooperative Societies - For Information
Govt of NCT, Old Court Building
Parliament Street
New Delhi

MINUTES OF THE FIRST MANAGING COMMITTEE MEETING

A Meeting of the newly elected MC of DIN CGHS Ltd, as notified by the Returning Officer vide his letter No F. REO/AKN/024/14 dated 23 Aug 2008, was called on the 27th Aug 2008 at 1945 hrs in the Society Premises. The meeting presided upon by Shri AK Malpani, President, was attended by all its members. The President welcomed all the members and emphasised upon fair play, transparency and efficient management of the Society.

Col Jagdish Madan, Retd and Col RC Kapoor, were unanimously elected Secretary and Treasurer respectively. Mr LC Tomar was the unanimous choice for navigating the legal issues facing the Society.

Should a New Management Take Over

Posting Results of Recent Poll: "Should a New Management Take Over"
Votes:
Yes: 5
No: 0
Cant Say: 0

Election Results & Update

The election to the five posts of the MC Members were held in the Society premisis on 23 Aug 2008. Shri AK Malpani and Shri Ranbir Singh were declared elected, unopposed, to the posts of President and Vice President respectively. The two lady candidates, Mrs Swapna Ghose and Mrs Jayini A Shekhar too were declared elected unopposed as the only other lady in fray, Mrs Rashmi Chari's nomination was rejected by the RO. Of the six candidates in the fray for five posts of MC Members, the five elected were Brig Rakesh Goel, Col RC Kapoor, Mr LC Tomar, Dr AK Upadhyay and Col Jagdish Madan. Mr Rajeev Manchanda lost the election having secured less votes than the other contestants.

During the conduct of the election, a few of the sixteen members, whose membership is yet to be regularised by the Registrar, argued with the RO, Shri Ashok Kumar Navet, and tried to pressurise him into being allowed to participate in the election process. While their efforts to secure their democratic right to participate in the election process is understandable, the approach adopted by them directly denies the same right to the other 146 members and also ensures an incompetent and indifferent MC continues to illegally overstay at the helm of Society's affairs. To the credit of the RO, he maintained a dignified and cool stance inspite of provocation and accusations of arbitrary behavior. Shri Ashok Kumar Navet, RO politely informed those arguing with him that the issue of membership was beyond his mandate and that they should approach the Registrar for redressal of their grievances. Upon completion of the elections, the RO, Shri Ashok Kumar Navet, announced the vote count and informed those present that the written results of the election were being withheld in view of complaints by some members. He also informed all present that the written results of the election will be submitted to the Registrar and that the same can be obtained from the RCS's Office by Wednesday, 27 Aug 2008.

Another Attempt to Scuttle MC Elections

The persons whose nomination was rejected by the RO (Shri AK Goel, Mrs Rashmi Chari, Shri Inderjeet Mankotia, Shri Kapil Bhatia and Shri Shankar Narayanan NV) have gone to the Cooperative Tribunal with the following plea(s):-

1. They may be declared eligible to contest and participate in the election with right to vote.

2. The rejection of the nomination papers by the RO on the basis of Registrar's letter dated 25 Oct 2006 may kindly be declared illegal and set aside.

3. The RO may kindly be restrained to take any further action in pursuance to the Agenda Notice dated 30.07.2008. (Stop elections).

4. The proposed election, if held, on 23 Aug 2008 may kindly be declared null and void and a fresh election may kindly be ordered.

5. A direction may kindly be given to the RO to follow the list of valid members as provided by the Society for holding the election afresh.

6. The Society may kindly be directed to produce the original records in its custody as and when required by this Hon'ble Court.

7. Any other ....................................................................................................

The documents attached to their appeal includes the order of Civil Judge Shri Ashish Aggarwal in the Suit No 90/2007 dated 24 Mar 2007. That this order had been set aside by the Hon'ble High Court of Delhi on 12 May 2008, has conveniently been concealed from the Cooperative Tribunal. In addition, there is a long list of inaccuracies in the appeal that will be published in this blog after that case is decided by the Cooperative Tribunal.

Update: M/S Chand Constuction Co. Vs DIN CGHS Ltd Case

18 Aug 2008
It may be recalled that M / S Chand Construction Co. had applied to the Court of District Judge, Delhi for execution of the High Court judgment and decree dated 17 Dec 2007. 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 18 Aug 2008, the President, Mr K Subramaniam, the person masquerading as the Secretary, Mr YS Mathur and Mr Rajeev Manchanda as well as the Society’s counselor failed to appear in the Court to present the Society’s stand. The Judge has ordered his bailiff to visit the Society on 01 Oct 2008 to prepare an inventory of the items, including the Society office that can be attached to recover the dues owed to M/S Chand Construction Co. The Court has set 31 Oct 2008 as the date for passing the final order for attachment of the Society’s effects.

On 10 Aug 2008, in a meeting of the members in the Society premises, Mr YS Mathur was questioned about the course of action in the case being adopted by the MC. He had informed that the MC would deposit Rs 10 Lakhs in the Court as part payment and inform the Court of impending MC elections and seek some more time to file the reply / make the payments. In hind site, this was a deliberate ploy to deceive the members present. This is the second known instance where the Management Committee led by Shri K Subramaniam has failed to reply to a 'Show Cause Notice' issued by the Courts to the Society. Seen against the backdrop of present MC’s desperate attempts to prolong their hold over Society’s management for as long as possible and by hook or by crook, such instances, where the Society stands to lose huge amounts, cannot be coincidental.

Letter to All Members

Dear Members,

DIN Cooperative Group Housing Society has been in existence for over a decade but has not evolved like other societies in Dwarka. Our logistics, finances and security remain an unfulfilled challenge. The present Managing Committee has been at the helm of affairs for the last six years (The President, Mr K Subramaniam for the last eight years), yet there are no Standard Operating Procedures (SOPs) in place, the Society’s financial health is in doldrums, the assets of the Society like the gensets, water pumps, lifts and building towers are 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 has encouraged undesirable divisive trends and groupism in the Society. In addition, dubious handling of two court cases (DIN CGHS Ltd Vs Rana Constructions and DIN CGHS Ltd Vs M/S Chand Construction Co) by the present MC has burdened the Society with financial liability of over Rs one crore (Log onto http://dinopeninfo.blogspot.com for details).

We have put our heads together and created a blog (http://dinopeninfo.blogspot.com) to provide members of DIN CGHS Ltd the very basic information about the Society and its affairs. In view of a total absence of cooperation from the present Managing Committee to usher in transparency in their functioning, the blog is an attempt to proliferate whatever little scraps of information that we have been able to lay our collective hands on.

In the larger interest of the Society, the resident members have formed a team of volunteers of established credentials to contest the Society elections scheduled to be held on 23 Aug 2008. We solicit your cooperation and request that you kindly vote for this team in order to transform our Society into a much better place to live in and be proud of. The team comprises of the following:
President - Mr AK Malpani, Flat No 163
Vice President - Mr Ranbir Singh, Flat No 12
Members

Mrs Jayini A Shekhar, Flat No 118
Mrs Swapna Ghose, Flat No 25
Dr AKUpadhyay, Flat No 84
Mr LC Tomar, Flat No 68
Brig Rakesh Goel
Col RC Kapoor, Flat No 24
Col Jagdish Madan, Flat No 87

This is issued on behalf of the above with their consent.

sd/xxx

(Ranbir Singh)
Flat No 12
Ph: 25080616

Note: The following members have contributed Rs 100/- each towards election expenses.

Mr AK Malpani

Mr Ranbir Singh

Col RC Kapoor

Brig Rakesh Goel

Mr AS Gulia

Mr NN Srivastava

Mr Suresh Srivastava

Col Jagdish Madan

Mr HS Monga

Dr AK Upadhyay

Mrs Rose Jha

Mrs Swapna Ghose

Mr LC Tomar

Deplorable Maintenance

The standard of maintenence, never a matter of pride for the present Management Committee, is at its worst! The fire fighting equipment has seen better days and is lying neglected. It would surprise no one if it fails to function in an emergency. Some of the pictures of the corridor ceiling of 'C' Block speak for themselves. How the funds are spent by the MC will need to be thoroughly investigated after the elections.

M/S Chand Construction Co Vs DIN CGHS Ltd Case in a Nutshell

(Suit No 214 / 2003)

1. 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.

2. 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.

3. The Society issued an Account Payee Cheque No 484239 dated 30 Mar 2000 for Rs 11, 12, 886/- to M / S Chand Construction Co. with a request that the Cheque be presented to the bankers after funds become available in the Society’s account.

4. The Society allowed the validity of the period of the Cheque to lapse without depositing the required amount in its account.

5. 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.

6. On 01 Nov 2001, the Society admitted before Shri BD Arora, 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.

7. On 18 Aug 2003, the Sole Arbitrator directed the Society to pay Rs 14, 71, 026/- alongwith interest @12 % per annum from 01 Nov 2000 till the date of payment to M / S Chand Construction Co.

8. The Society 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.

9. 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.

10. 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 includes 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.

11. As per the ‘Show Cause Notice’ dated 19 Jul 2008 issued to the MC, the case will come up for hearing on 18 Aug 2008 in the Court of Shri BS Chumbak, ADS Judge, Tis Hazari Court, Delhi. This is also likely to cost each member Rs 19, 000/-

12. Apart from the above case, and the case against Rana Constructions, that the Society has lost due to amazing inefficiency and incompetence of the MC imposing avoidable financial burden on the members, there are other legal cases that the present MC has resolutely refused to disclose to the members. 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 President, Shri K Subramaniam nor the Secretary, Shri YS Mathur thought it prudent to inform the members and invite constructive suggestions. Infact, apprehending foul play on part of the MC, details of the court cases pending against the Society have been demanded from the MC from time to time; without any positive response.

Update: 18 Aug 2008

It may be recalled that M / S Chand Construction Co. had applied to the Court of District Judge, Delhi for execution of the High Court judgment and decree dated 17 Dec 2007. 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 18 Aug 2008, neither any member of the MC nor the Society’s counselor was present in the Court to present the Society’s stand. The Judge has ordered his bailiff to visit the Society on 01 Oct 2008 to prepare an inventory of the items, including the Society office, that can be attached to recover the dues owed to M/S Chand Construction Co. The Court has set 31 Oct 2008 as the date for passing the final order for attachment of the Society’s effects.

On 10 Oct 2008, in a meeting of the members in the Society premises, Mr YS Mathur was questioned about the course of action in the case being adopted by the MC. He had informed that the MC would deposit Rs 10 Lakhs in the Court as part payment and inform the Court of impending MC elections and seek some more time to file the reply / make the payments. In hind site, this was an obvious ploy to deceive the members present.

LIST OF MEMBERS FOR DRAW OF LOTS ON 04 OCT 1998

1. ANIL KUMAR JAIN 76 130
2. MANOJ GAUTAM 150 111
3. Jeevan Nayak 226 162
4. MADAN SHARMA 229 122
JOINT WITH
TUSHAR SHARMA
5. RAKESH KUMAR 232 128
SAKSENA
6. M.M. CHITRE 233 119
7. DR YUGAL KISHOR 236 156
MISHRA
8. ANIMISH KUMAR 237 163
MALPANI
9. PRAFULLA KUMAR 240 6
JHA
10. LOKESH VYAS 246 121
11. SURESH CHANDRA
SHARMA 247 40
12. YUJUSH DAYAL
SAKSENA 250 143
13. RASHMI SETHI 252 52
14. DR VINAY KUMAR
TIWARI 255 42
15. NALINI M. RATNAM
JOINT WITH MURARI
RATNAM 256 55
16. HEMRAJ GOUR 257 144
17. KESHAV RANJAN 258 30
18. RAJEEV GOSWAMY 259 145
19. SURESH SRIVASTAVA 264 90
20. AMITABH SINGH
JOINT WITH RAM
SHANKAR SINGH 265 165
21. URMIL MALHOTRA 266 164
22. RAJNI SOBTI 267 59
23. DEEPAK INDOLIYA 268 33
24. AMIT VERMA 269 10
25. MANJU NANGIA 272 27
26. SR NARSIMHAN 273 76
27. B.K.SRIVASTAVA 275 148
28. L.C.TOMAR 276 68
29. B.D. WADHWA 279 81
30. RK SHUKLA 280 125
31. VINOD KUMAR 281 79
32. RAJENDRA SINGH 283 72
33. RANJANA VERMA 284 138
34. RAKESH GOEL
JOINT WITH
ASHA GOEL 287 69
35. K.K.V.KHANZODE
JOINT WITH
SMT N KHANZODE 288 36
36. M.V. SUBBALAKSHMY292 133
37. NARENDRA KUMAR
JAIN 294 136
38. R. RANGARAJAN 296 92
39. SHASHANK MOHAN
JHA 297 1
40. RISHABH DAYAL
SAKSENA 298 141
41. ANUPAM SAKSENA 299 135
42. N.N.SRIVASTAVA 300 114
43. SORABH SAKSENA 301 134
44. G. KRISHNAMURTHY303 58
45. NEELAM SHARMA 305 83
46. VINEET ANAND 307 105
47. AMRISH KUMAR
SHAD 312 29
48. SUBHASH CHANDRA
VERMA JOINT WITH
ANITA VERMA 313 23
49. SHARAD SHARMA 323 152
50. ASHOK KUMAR
BHOLA 324 159
51. ASHUTOSH KUMAR
AGGARWAL 327 70
52. L SAVITRI 328 7
53. DR. AQBAL SINGH 335 97
54. DR ARVIND KUMAR
UPADHUYAY 337 84
55. MADHU JAIN 346 150
56. KRISHNA SHARMA 347 53
57. DR SUBHASH
BHARGAVA JOINT
WITH NIDHI
BHARGAVA 350 57
58. CHETAN KUMAR 352 109
59. RAJEEV
MANCHANDA 353 63
60. SANJAY VIG 354 153
61. DR
MAHESH CHANDRA
SHARMA 355 48
62. GIRISH KUMAR 358 51
63. RANBIR SINGH 359 12
64. PRASANNA
SHRIKHANDE 366 67
65. KC SHRIKHANDE
JOINT WITH SULBHA
SHRIKHANDE 371 104
66. NANAK CHAND
MEENA 374 43
67. DR VINOD KUMAR
RAMTEKE 376 107
68. ADHIR KUMAR
PANI 377 149
69. LT GEN
DB SHEKATKAR 378 113
70. MEENA GUPTA 379 101
71. SHYAM KANT
KHANWALKAR 380 32
72. SHANTI DEVI 382 108
73. MADHU SEHGAL 384 124
74. SUJAY GUPTA 386 50
75. ANAND GUPTA 388 56
76. CHHANGA RAM 389 115
77. SITA V.S. MANI
JOINT WITH
R.V.S.MANI 390 139
78. VIJAY KUMAR
KEJRIWAL 391 154
79. K PRIYAMVADA 393 98
80. REETA SAKSENA 394 54
81. VIMLA GUPTA 396 82
82. ANANT VAILAYA 398 73
83. PUNIT BHATIA 402 65
84. ROHIT KARAN
SWHNEY 404 102
85. K BALASUBRAMANIN 405 64
86. RAVI KUMAR
GUPTA JOINT WITH
ABHA GUPTA 408 3
87. NIRMAL KAUR 410 106
88. PRASHEEL
BHARDWAJ 411 19
89. BHOLA DUTT JOSHI 412 137
90. PREM SINGH
KANDARI 413 157
91. PRATIBHA S SARWATE 414 120
92. SHRIKRISHAN
BHARDWAJ 415 117
93. DR JM HANS JOINT
WITH DR CHARU HANS 417 89
94. SUBHASH CH SETHI 418 126
95. RAHUL KUMAR
INDOLIYA 419 47
96. SWAPNA GHOSE 421 25
97. ABHA JAIN
JOINT WITH
RAKESH JAIN 423 22
98. MUKESH MALHOTRA 426 15
99. COL DP SINGH 427 160
100. BAIN SINGH 428 16
101. KAMLESH SETHI 429 110
102. ANIL KUMAR DUTTA 430 21
103. SULOCHANA KHAITAN 431 37
104. COL JAGDISH MADAN 432 87
105. RANJU BHARDWAJ 434 31
106. RUP KUMAR
SENGUPTA 436 13
107. MAHESH KUMAR
NEGI 4371 46
108. RANBIR SINGH
SACHDEVA 438 86
109. VINAY KUMAR
KANSAL 439 129
110. SUSHIL KUMAR
RUNGTA 440 49
111. SAVITA GAUR 441 131
112. ATUL KUMAR
AGGARWAL 442 88
113. MAJ R.D.SHARMA
JOINT WITH SUSHMA
SHARMA 443 45
114. DEEPAK KUMAR
SHARMA 444 18
115. PRAMOD KUMAR
SHARMA 445 96
116. JC PANT JOINT
WITH NIKHIL PANT 446 35
117. LALIT PANT 447 38
118. GAURAV JHINGRAN 449 91
119. NAND KISHOR
MOHARIR 450 95
120. KL CHAWLA JOINT
WITH NEELAM
CHAWLA 451 41
121. AVADH BIHARI
MISRA JOINT WITH
UMA MISRA 452 85
122. LT COL TR SHARMA
JOINT WITH NEERJA T
SHARMA 453 166
123. RAJESHWARI BALI 454 20
124. SATYAKAM
MAHAPATRA 455 14
125. HARVINDER KAUR
ANAND JOINT
WITH COL TS ANAND 456 103
126. LT COL AV MOHAN
CHANDRAN JOINT WITH
MALINI CHANDRA 457 26
127. RAHUL K
DHARMADHIKARY 458 100
128. BRIG RN KAPOOR
JOINT WITH
SHAMA KAPOOR 460 93
129. BRIG NIRBHAY
SHARMA 461 75
130. MAJ GEN BASANT
SINGH 462 80
131. OM PARKASH YADAV 464 24
132. PRASHANT GABA 465 34
133. DR JAYINI A SHEKHAR 466 118
134. MAJ KULWANT SINGH 467 127
135. K SUBRAMANIAN 468 60
136. ARUNA VIJAY
JOINT WITH
RAKESH KUMAR VIJAY 469 74
137. MAYA PHOGAT 470 116
138. SHANTI AGNIHOTRI 471 78
139. HARI KISHAN MEENA 472 62
140. SK ZADOO 473 94
141. KESHAVA DAYAL
SAKAENA JOINT WITH
MADHU SAKSENA 474 11
142. MC MULWANI JOINT
WITH SMT DEVI
MULWANI 475 61
143. JAIDEEP GOVIND 477 140
144. MADAN LAL GUPTA 478 17
145. SHYAMPUR SHRIKANT 479 5
146. MAJ AMITA
CHATURVEDI JOINT
WITH LT COL VP CHATURVEDI 480 155
147. SACHIN GUPTA 482 66
148. DR ABHA GOVIND 483 161
149. TARUN SWARUP 484 99

FLATS LEFT VACANT (NOT ALLOTTED TO ANYONE)
123
71
77
9
8
39
158
44
4
28
142
132
147
151
112
46
2

Election Process: MC Again at Unfair Play

As per the undertaking No RCS/137/03/686-690 dated 01 May 2008 produced before the honorable bench of the Delhi High Court on 12 May 2008, by the Registrar Coop Societies, Govt of NCT, in the writ petition ( C ) No 9406/2007 filed by the members of the Society against the Managing Committee of DIN CGHS Ltd, Plot No-7, Sector-4, Dwarka, New Delhi, the election of the above Society has to be conducted within three months from the date of the order i.e. upto 31 Jul 2008. It has also been indicated in the aforesaid order that the Society has agreed to the election.

The Hon’ble bench of the High Court has set aside, in totality, the order passed by Shri Ashish Kumar Aggarwal, Civil Judge of Tis Hazari Courts staying the election of the Society and asking the Registrar to decide the issue concerning regularization of membership of sixteen members who were enrolled after the draw of lots on 04 Oct 1998.

In view of the above, the Registrar has been requested that the election of DIN CGHS Ltd be conducted within the specified period and strictly in compliance of the order of the Hon’ble High Court. It is vital that unauthorized persons in the setup of present MC must no more be allowed to meddle in the Society affairs, including the election process to ensure fair and transparent elections within the time stipulated in the High Court order.

However, as expected, the MC is again trying to delay elections by resorting to unscrupulous methods. On 6th Jul 2008, Shri YS Mathur, Secretary of the Society wrote a letter to the Registrar and placed the same at the Notice Boards of the Society to say that the he was unable to trace Shri Ashok Kumar Naved, the Returning Officer appointed by the Registrar Cooperative Societies and as such he could not be contacted to finalise the further process of election. The members of the Society took the initiative to locate Shri Ashok Kumar Naved and furnished the information to the President of the Society as well as the Registrar.

Suspecting foul play by the MC in deciding eligibility of members who can participate in the election process, the MC was requested to furnish a list of the members whose membership stands approved by the Registrar Coop Societies. After procrastinating for over three weeks, the MC has furnished a list that includes people debarred by the Registrar vide his letter No F.47(852)/GH/SW/Coop/3219 Dated 25 Oct 2006. It also includes names of members who have sold their flats and have resigned from the membership long ago as also those who do not hold any flats in the Society and have died quite some while back. The irony of the situation becomes even more glaring as the MC has deliberately excluded names of members who purchased free hold flats and have all along been paying their dues in time. Major observations on the List of Members published by the MC are as under:-

1. Against the name of Shri Subhash Bhargava (Now Deceased) at ser 51, it has been indicated "No Flat". Shri Bhargava, as per the draw of lots held on 04 Oct 1998, was allotted Flat No 57. This Flat mysteriously stands in the name of Smt Suman Nalwa mentioned at ser 125 against membership No 496 in the List. The confusion merits scrutiny and deserves to be probed for financial bungling at an appropriate level.
2. As per the Footnote of the list of flats sold upto 30 Jun 2008, against the purchaser of Flat No 49 i.e. Shri VS Nagar it is mentioned that the RCS’s advice is awaited for regularization of his membership. This is a blatant discrimination against Shri VS Nagar, a senior citizen, as in similar cases the Society MC has not sought any such an advice. Shri VS Nagar resolutely refused to meet the MC’s illegal demands and has been subjected to constant harassment ever since he purchased the flat and moved in post-retirement in 2004. This is a case of sheer abuse of power and authority on part of the MC. As such exclusion of his name from the List amounts to a breach of trust.
3. In the same List, the name of Dr Vinod Ramteke figures at ser 12 with Flat No 107, but is missing in the Footnote of List of flats sold. The discrepancy needs suitable explanation.
4. The names of 17 persons debarred by the Office of the Registrar Coop Societies vide letter No F.47(852)/GH/SW/Coop/3219 dated 25 Oct 2006 have been included in the List. Shri YS Mathur, the Secretary of the Society, is amongst these 17 persons.


The incomplete and inaccurate List of members furnished by the MC is being published separately.

Society Elections: Delaying Tactics of MC

Following High Court of Delhi order dated 12th May 2008, the Registrar coop Societies appointed Shri Ashok Kumar Naved as the Returning Officer(RO) for conduct of elections to the Managing Committee of DIN CGHS Ltd. On 6th Jul 2008, Shri YS Mathur, Secretary of the Society wrote a letter to the Registrar and placed the same at the Notice Boards of the Society to say that the he was unable to trace Shri Ashok Kumar Naved, the Returning Officer appointed by the Registrar Cooperative Societies and as such he could not be contacted to finalise the further process of election.

Convinced that the current management was once again trying to delay the Society elections by making half hearted efforts to contact the RO, the members made the efforts to locate Shri Ashok Kumar Naved and furnished the information to the President of the Society as well as the Registrar. His official address and telephone number is given below:-

Shri Ashok Kumar Naved
o/o Dy Dir Education, North Zone
Distt North, Lucknow Road
Timarpur
Delhi – 7

Phone No: 9868419809

DIN CGHS LTD: BYELAWS

THE BYE LAWS OF DIN COOPERATIVE GROUP HOUSING SOCIETY LTD


I. PRELIMINARY


1. The name of the Society is “The DIN Cooperative Group Housing Society Ltd” and its registered address is 329, Type II, Sector II, Dadiq Nagar, New Delhi. Any change in the address shall be notified to the Registrar within 14 days.


2. In these bye laws, unless there is anything repugnant to the subject or context, the expression “the Act” means the Delhi Coop Societies Act, 2003 . “The Rules” means the Delhi Coop Societies Rules, 2007and its words and as assigned to them in the said Act and Rules.

II. OBJECTS

3. Its objects shall be:-

(i) To acquire through outright or on lease, land for development and construction of residential houses / flats for giving to its members, either on lease or rent but the ownership of land and of residential houses / flats shall remain with the Society.

(ii) To lease out residential houses / flats to its members on such terms and conditions as may be fixed by the Government and the Society.

(iii) To undertake repair of houses / flats of its members when necessary.

(iv) To borrow loans for running the business of the Society and to arrange for its payment.

(v) To advance loans to its members for payment of premiums or repair of the houses / flats leased out to them and other allied needs.

(vi) To arrange to provide to its members all necessary common amenities and facilities as may be found practicable by the Delhi Development Authority, the Municipal Corporation of Delhi or such other authority.

(vii) To arrange for maintenance of the estate of the Society including roads, lanes and parks etc.

(viii) To do all such things as are incidental or conducive to the attainment of any or all of the above objects.


III. MEMBERSHIP

4. The members shall consist of:-

(1) Persons who join in the application for registration.
(2) Persons admitted in accordance with these bye laws; and
(3) Nominal or associate members subject to conditions as laid down in Rule 26.

5. (i) Any person shall be eligible to be a member of the Society provided:-

(a) He is domiciled in Delhi / New Delhi / Cantonment.
(b) His written application for membership has been approved by a majority of the Managing Committee.
(c) His age is more than 18 years, except in the case of minor heir of a deceased member.
(d) He is not a member of any other house building / Group Housing Society.
(e) He or his wife (she or her husband, in case of a woman or any of his / her dependents does not own a dwelling house or plot for building a house in Delhi / New Delhi / Delhi Cantonment.
(f) Directly or indirectly he does not deal in purchase or sale of houses / flats or land for construction of houses / flats either himself or through any of his dependents.
(g) He has carried out the provisions of these bye laws.

(ii) The Society may admit joint members provided they make a declaration in writing that the person whose name stands first in the share certificate shall have the right to vote and all the liabilities will be borne.

(iii) He is domiciled in Delhi / New Delhi / Delhi Cantt. Further provided that this condition will not apply to a central Government servants (including officers of all India services)/service personnel / employees of public undertakings.

(iv) In accordance with the procedure laid down in the bye laws and the Rules for admission of any member, the Society may admit minors and persons of unsound mind inheriting share or interest of deceased members as its members through their legal representatives or guardians respectively. The members so admitted will enjoy such rights and liabilities as are laid down in these bye laws and which are consistent with the Act and Rules.

(v) Every person seeking membership of the Society shall sign a declaration to the effect that he or his wife (she or her husband) or any of his / her dependents does not own a dwelling house or plot in Delhi / New Delhi / Delhi Cantt and that he / she is not a member of any other co-operative house building / group housing society. He shall also be required to submit a declaration to the effect that he shall abide by the regulations of the Society set out in Annexure ‘A’.

(vi) Every member on admission shall pay Rs 10/-as admission fee which shall not be refunded in any case.

(vii) When a person’s application has been accepted by the Committee and he has paid his admission fee and share money, he shall be deemed to have acquired all the rights and incurred all the obligations of a member of the Society as laid down in the Act, Rules made there-under and these bye laws.

(viii) (I) Application for admission as member and for allotment of shares shall be made to the Secretary in the Form, prescribed by the Society for the purpose. Every such application shall be disposed off by the Managing Committee who shall have the power to grant admission or to refuse admission in after recording reasons for such refusal.

(ix) (II) Any person whose application has been refused by the Managing Committee may prefer an appeal to the Registrar. Cooperative Societies within thirty days from the date of communication of the decision of refusal by registered AD letter. The decision of the Registrar shall be final.


6. (a) The provisions of Bye Law 5 (i) (b) shall not apply to the original members of the Society.

(b) The Society shall not admit members within one month prior to the date of meeting of the general body.

7. A member of the Society may be expelled by a vote of the General Body Meeting:-

(1) If he makes default in the payment of installments of his shares or land and construction money; or
(2) He has applied to adjudicated as insolvent or is an undischarged insolvent; or
(3) He has been sentenced for any offence other than an offence of a political character or an offence involving moral turpitude and dishonesty; or
(4) He undertakes any profession similar to the objects of the Society; or
(5) He intentionally does any act likely to injure the credit of the Society or fails to observe proper discipline in regard to the work of the Society; or
(6) For any action, which may be held by the Managing Committee or the General Body Meeting to be dishonest or contrary to the stated objects of the Society or to the interest of the cooperation; or
(7) Incurs any of the disqualifications contained in Rule 25; an opportunity shall be given to the before expulsion from membership to represent his case in the General Body and expulsion shall not be effective unless it is approved by the Registrar.

8. A person ceases to be a member:-

(i) On death; or
(ii) For lack of confirmation of membership as per Bye Law 5 (b); or
(iii) When his resignation is accepted by the Managing Committee; or
(iv) On expulsion under Bye Law 7; or
(v) Ceasing to hold the minimum number of shares prescribed in these Bye Laws; or
(vi) On withdrawal after three months notice in writing to the Society, provided that the member withdrawing does not owe anything to the Society and is not a surety for an unpaid debt; or
(vii) On undertaking the business of purchase and sale of houses or land for construction of houses either directly or indirectly or on purchasing a house or a plot or land for construction of house either in his own name or in the name of any of his dependents through any other source and the member shall, within one month of his undertaking the said business of purchase of a house or a plot of land, shall inform the Society about this. Under such circumstances, lease of rent deed executed will automatically become ineffective.

9. (1) A member or the nominee or successor of an ex-member may transfer his shares to another member or applicant qualified under Bye Law 5 and approved by the Committee or to a share transfer fund created by the Society out of its profits and shall then be paid the value of his share less any sum due from him to the Society. No transfer of share or interest shall, however, be made unless a member has held such shares for not less than one year but the condition of Bye Law 5 will not be applicable to the nominee or legal heir of the deceased member.

(2) The value of the share shall in no case be more than the sum received by the Society in payment thereof.

(3) A member on withdrawal, whether voluntary or through action of the Society shall subject however, to the Rules of the Society have no claim on the provident fund or any funds or property of the Society of any kind.


IV. CAPITAL

10. The capital shall compose of:-

(a) An undetermined number of shares of the value of Rs 100/- each.
(b) Loans and deposits from members and non-members.
(c ) Donations and grants.
(d) Contributions towards the cost of houses, lands, maintenance of roads, drains and parks etc.
(e) Other funds.
(f) Realised profits.

Provided that the acceptance of deposits and loans from non-members shall be subject to any restriction which the Registrar may impose from time to time.

11. (a) The capital of the Society shall be used in carrying out its objects. Surplus funds of the Society not likely to be immediately required, shall be invested in accordance with Section 49 of the Act.

(b) Every member shall purchase at least one share and no member shall hold shares of which the nominal value exceeds Rs 20,000/- or 1/5th of the total shares subscribed, whichever is less. If any member by otherwise become possessed of more than the maximum holding permitted by this Rule, the Managing Committee shall have the power to sell the excess number or buy them on behalf of the Society and to hold the proceeds at its disposal. A member shall not be entitled to pay towards his second and subsequent share until the first or previous one has been paid in full.

12. (a) Shares shall be paid up in a single payment.
(b) A share certificate shall be issued under the seal of the Society after the full amount of share money in respect of his shares has been paid. Share certificate shall be signed by the President, Secretary and one of the members of the Committee authorized for this purpose.

13. If a share certificate is lost or destroyed, a duplicate shall be issued on payment of Rs 2/-.

14. Shares shall not be withdrawn or repaid or transferred otherwise than as provided in Bye Law 9.

15. Every member may nominate a person or persons to whom on death his shares shall be transferred but no member may nominate more than one person, unless the amount to be paid to such nominees, whether by way of whole shares or by fixed proportion of the amount available for transfer , as the case may be is duly specified when the nominee is appointed and he shall attest the nomination by putting his signature or thumb impression in the register of members. If not admitted to membership, the nominee or nominees shall be paid the value of the shares or interest subject to the provision of Bye Law 9. If any deduction has to be made from the shares of the deceased and there are more than one nominee, the amount to be deducted shall be set off against the amount due to each nominee in proportion to his / her interest.

16. The Society shall have the right to set off any money due on any account from the Society to a member or past member or person claiming through him in payment of any sum which he owes to the Society, or for which he stands surety.


V. GENERAL MEETING


17. The first general meeting of the members shall have the same powers as are herein given to the annual meeting:-

(a) The preliminary general meeting shall be called within a period of not less than one month and not more than three months from the date of its registration. In this meeting the following business shall be discussed and decided:

(i) Approval of allotment of shares, amount collected and amount spent in connection with the registration of the Society before registration.

(ii) Election, if any, of the members of the Committee other than nominated members, subject to the provisions of Section 31 (1).

(iii) Consideration of the progress for ensuing year.

(b) The annual general meeting shall be called within a period of three months of the close of cooperative year. A special general meeting may be called any time by the Managing Committee and shall be called by the Secretary on receipt of a requisition from 1/5th of the total number of members or from the Registrar Cooperative Societies or any person authorized by him.

(c) In case of the Annual General Meeting, date, time and place of the meeting shall be announced at least 14 days clearly in advance and in case of Special General Meeting at least seven days in advance by a written notice published on the notice board of the Society and circulated to the members. The election shall be by show of hands unless otherwise decided by the general meeting.

(d) The agenda proposed for the annual general meeting and special general meeting shall be dispatched to all members 14 and seven days in advance respectively before the date of the meeting, giving date, time and place of the meeting.

(e) The presence of 1/3rd of the total number of members subsisting as such on the date of notice of the meeting subject to the minimum of 10 members shall be necessary for the disposal of any business at the general meeting. Each member shall have one vote irrespective of the shares held by him / her. The Chairman/ President shall have a casting vote in addition. No proxy shall be allowed and no member shall be allowed to vote who is in arrear with his share installment.


19. (i) Provided that the Registrar may by general or special orders, extend the period for holding such meetings for a further period not exceeding three months.

(ii) Provided further that if such meeting is not held by the Society within the extended period, if any, granted by the Registrar, he or any person authorized by him may call such meeting in the manner prescribed and that meeting shall be deemed to be a general meeting duly called by the Society and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the Society or by such persons who, in the opinion of the Registrar, were responsible for the refusal or failure to convene the general meeting.

(iii) If within an hour of the time appointed for the meeting, a quorum is not present the meeting shall stand adjourned to the same day in the next week at the same time and place and if the meeting is called upon the requisition of the members (not the Registrar) it shall stand dissolved provided that at the adjourned meeting, no quorum shall be necessary.

(iv) If at any time during the meeting sufficient number of members is not present to form a quorum, the Chairman / President of the meeting on his own motion or on his attention being drawn to this fact shall adjourn the meeting at such convenient time, date and place as he thinks fit and the business to be transacted at the adjourned meeting shall be transacted in the usual manner even if no quorum is present.

(v) No matter shall be discussed at any meeting which has not been included in the agenda of the meeting provided that the Chairman may in case of emergency permit the discussion of such matter, when the majority of members present, so desire.

(vi) The President or Vice President or in their absence one of the other member elected for the purpose shall preside.

20. The duties and powers of the General Meeting are:-

(1) To elect, suspend or remove members of the Managing Committee, including a President and one or more Vice Presidents and if the number of members in the Society exceeds 20 to elect a committee of control.

(2) To receive from the Committee a report on the preceding year’s working of the Society together with a statement showing the receipts and expenditure, assets and liabilities and profit and loss for the year.

(3) To consider the Audit note, Inspection note of the Registrar, or financing institution and any other communication from the Registrar.

(4) To dispose off profits in accordance with the Act, Rules made there-under and these Bye Laws.

(5) To discharge any member of the Managing Committee on the recommendation of the Committee of Control which may for this purpose call a general meeting at any time.

(6) To consider the reports of the Committee of Control together with comments, if any of the Managing Committee thereon and the action to be taken on th recommendation contained and in regard to any matter emerging from that report.

(7) To fix the maximum credit limit for each member provided that such maximum limit shall not be more than that laid down in the Registrar instruction on the subject but this may be exceeded with the special sanction of the Registrar to be obtained in each case.

(8) To fix subject to the approval of the Registrar the maximum liability to be incurred during the following year, in loans or deposits from non-members.

(9) To amend the Bye Laws, subject to the sanction of the Registrar.

(10) To expel members subject to the approval of the Registrar.

(11) To fix the terms and rates at which at which penal interest shall be charged by the Managing Committee on overdue instalments of loans.

(12) To fix rate of contribution to be made by the member for maintenance of the estate of the Society.

(13) To decide the manner in which development and construction work will be carried out by the Society.

(14) To decide the terms and conditions on which the houses / flats will be leased to the members.

(15) To frame the rules of business subject to approval of the Registrar; and

(16) To consider any other business brought forward.


21. All business discussed or decided at the General Meeting shall be recorded in a proceedings book which shall be signed by the Chairman of the meeting.

22. Amendments to the Bye Laws shall only be carried out by a majority of not less than two third of the members present in the General Meeting in which due notice of the intention to discuss such amendments has been given and shall be forwarded to the Registrar for registration within a period of three months from the date of meeting. All other questions before the General Meeting shall be decided by the majority of votes.

(a) If it appears to the Registrar that an amendment of Byelaws of a Coop society is necessary or desirable in the interest of such coop society he may call upon the coop society to make the amendments.

(b) The Registrar may by serving a notice inform / call upon a society to make an amendment within a period not exceeding 60 days.

(c) After the expiry of the period specified in the notice under Sub Rule (2) of Rule 16 and if the society fails to make an amendment, the Registrar after giving the coop society an opportunity of being heard, may register the amendment and issue to the coop society a copy of such amendment certified by him, with a certificate signed by him. With effect from date of registration the amendment is binding on the coop society and its members subject to approval, if any.

(d) All amendments of the Bye Laws relating to the same coop society when the Registrar shall be assigned a consecutive number in chronological order and shall be noted in the index of the Bye Laws to be maintained by the coop society in the registration file.



VII Managing Committee


23. (i) The Managing Committee shall consist of at least five members of the Society and not more than 15, over the age of 21 years including a President and one or more Vice Presidents. The President or Vice President or in their absence any other member elected for the purpose shall preside. Each member of the Committee shall have one vote but the Chairman shall have a casting vote in addition.

(ii) Committee members shall be elected and hold office for three years and shall be eligible for re-elections, but no member shall be eligible for holding the office of the President, Vice President, Chairman, Vice Chairman, Managing Director, Secretary, Joint Secretary and Treasurer for more than two consecutive terms whether full or part. These office bearers shall also not be eligible to hold such offices on a committee of another cooperative society of the same type or on the committee of more than three different types of societies. 1/3 members of the committee shall retire every year by rotation through draw of lots.

(iii) The election of the Managing Committee shall be by show of hands in the manner given in Schedule III of the Delhi Cooperative Societies Rules, 1973 unless a poll is demanded by members in which case it shall be held by secret ballot. In case the membership of the society exceeds five hundred, the election shall be held by secret ballot in the manner given in Schedule II of the Delhi Cooperative Societies Rules, 1973.

(iv) The meeting of the Managing Committee shall be held when necessary and shall be called by the Secretary on receipt of the requisition from three or 1/3rd members of the Managing Committee, whichever is more or from the Registrar Cooperative Societies, or any person authorized by him. The Managing Committee shall cause minutes of all proceedings of its meetings to be entered in the book for the purpose in hand written at the spot in presence of members present and voting. The minutes of each meeting shall contain the names of members, if any, dissenting from or not concurring to any resolution. At the end of the minutes, each member present and voting shall sign them. If the minutes are not made and recorded in this manner, they shall not be considered valid and it shall be deemed that no such meeting was duly called and held.

(v) The meeting shall be held as often as required but meeting shall be held at least once in every month.


24. A member of the Managing Committee shall cease to hold office if he / she:-

(1) Ceases to be a member of the Society; or
(2) Applies for insolvency or is declared insolvent; or
(3) Becomes of unsound mind; or
(4) Is convicted of any offence involving dishonesty or moral turpitude; or
(5) Accepts any office of profits under the society or receives any Honourarium; or
(6) Carries on business on his own account similar or that as specified in Bye laws 3(I to VIII); or
(7) Resigns and his resignation is accepted by the Committee; or
(8) Is a defaulter in payment of dues of the Society.

25. The Managing Committee shall exercise all the powers of the Society except those reserved for the General Meeting subject to any regulation or restrictions laid down by the Society in a general Meeting or in the Bye Laws and in particular shall have the following powers and duties:-

(1) To observe in all their transaction, the Act, the notified Rules and these Bye Laws.
(2) To maintain true and accurate accounts of all money received, expended.
(3) To keep register of members correct and up to-date.
(4) To keep true account of assets and liabilities of the Society.
(5) To prepare and lay before the General Meeting the annual profit and loss account and audited balance sheet.
(6) To examine the accounts, sanction contingent and other expenditure and supervise the maintenance of the prescribed registers.
(7) To consider the inspection notes of the Registrar and of any other person authorized by the Registrar to inspect or financing institution and to take necessary action.
(8) To elect new members and issue new shares and transfer old shares.
(9) To arrange for the recovery of the dues of the Society.
(10) To summon general meetings in accordance with the Bye Law 18.
(11) To contract loans subject to any restriction imposed by the Registrar or General Meeting and to make necessary arrangements for its repayments.
(12) To decide the terms on and the period for which loans are to be given, to approve or reject the security, to arrange for the recovery of loans and interest and to impose and recover penal interest on over due installments as laid down by the General Meeting and to sanction, renew loans when necessary.
(13) To decide the terms on the period for and the rate of interest at which deposits are to be received and to arrange for the payment of such deposits.
(14) To watch that the loans are applied to the approved purpose for which they were made.
(15) To assist in the inspection of the books, other documents and papers of the Society by any person authorized to see them.
(16) To appoint, suspend, punish and dismiss employees subject to the provisions of these Bye Laws and to fix their remuneration.
(17) Through any member or officer or employee of the Society or any other person specially authorized, to conduct, defend, compromise, refer to arbitration or abandon legal proceedings by or against the Society or Committee or the officer or employees concerning the affairs of the Society.
(18) To acquire on behalf of the Society, shares in other registered cooperative societies.
(19) To fix the rate of interest on loans to members subject to Bye Laws.
(20) To arrange for the custody of books and to appoint one of its members or one of the officers of the Society resident in the area of operation to take charge of all the registers and papers prescribed in these Bye Laws.
(21) To invest the surplus funds of the Society in accordance with Section 49 of the Act.
(22) To acquire and hold property and to enter into contracts on behalf of the Society.
(23) To fix the maximum credit limit of each member in accordance with the instructions of the Registrar, subject to the approval of the General Meeting. The limit will be fixed only when the member filed a declaration giving the amounts of his debts secured and unsecured with the rate of interest. The proposal for maximum credit limit of a member of the Committee shall be brought before the General Meeting in a separate detailed resolution and shall not be included in the proposal for maximum credit limits of the members.
(24) To decide the manner of execution of work and its allotment to members and employees.
(25) To appoint a treasurer to keep the money of the Society and to require him to give such security as it may deem sufficient.
(26) To elect the Secretary out of Managing Committee members.
(27) To distribute the duties between the Secretary and Manager, if necessary.
(28) To carry out the development, construction work in the manner as may be decided by the General Meeting and allotment of houses / flats to members in accordance with the rules framed by the Society with the approval of the Registrar.
(29) To appoint a custodian of the property of the Society and to keep it in good state of affairs.
(30) To coopt members against the vacancy caused by the resignation or disqualification of any member of the Managing Committee.
(31) Generally carry on the business of the Society.

26. In the conduct of the affairs of the Society, the Managing Committee shall exercise the prudence and diligence of ordinary men of business and shall be responsible for any loss sustained through act contrary to the Act, Rules made thereunder and Bye Laws.

27. No member of the Committee shall receive any remuneration for his work as a member of the Managing Committee. No member of the Committee shall vote in any application for a loan in which he himself is interested as a borrower, he shall not stand surety for a new loan to another member of the Committee.

28. All business discussed or decided at a meeting of the Committee shall be recorded in a book which will be signed by the Chairman of the meeting and all members of the Committee present.

29. The Committee may appoint from amongst its own members a sub committee and may delegate to it or any officer of such of its own powers as it may consider desirable for the better conduct of the Society’s affairs. The sub-committee or officer, shall in the discharge of the function entrusted to them, confirm in all respects to these Bye Laws and to the instructions given by the Managing Committee.


VIII. Secretary and / or Manager

30. The Committee of the Society shall specify which of the officers of a society shall:-
(a) Keep the books of accounts.
(b) Keep other books and registers; and
(c) Prepare returns and statements.

31. Provided that the person charged with the keeping of accounts shall not be in charge of cash. If the Committee of a coop society has not specified the officers required to be specified in sub rule of Rule 48 notwithstanding anything contained in the Bye Laws of the Society, the following officers shall be responsible for keeping accounts, records etc indicated against each, namely:-

(a) Treasurer:- He shall keep or cause to be kept all the books of accounts and vouchers and shall prepare or cause to be prepared annual profit and loss account, receipt and disbursement account and the balance sheet. Whosoever may be writing these books of accounts, they shall always be deemed to be in his custody, possession, power and control. He shall be responsible for their safe delivery to his successor after making a list of documents handed and taken over.

(b) Secretary:- He shall keep or cause to be kept all other records of the Society and shall be responsible for preparation and submission of various returns to the Registrar. Whosoever may be keeping these records shall always be deemed to be in his custody, possession, power and control. He shall be responsible for making over the charge of this record to his successor under proper charge report to be signed by the relieving and relieved officers.

(c) Cash:- Cash balance in hand shall always remain in the hands of the Treasurer or with any other officer appointed by the Committee.

32. Every cooperative society shall from time to time determine in a meeting of the Committee the minimum members of paid staff required for the business. The Committee shall prescribe their qualifications and experience and emoluments. The Committee shall be competent to appoint, dismiss or remove any paid staff.

33. The minimum paid staff for a cooperative bank or society with working capital or annual transaction of rupees five Lakhs or over shall be:-

(i) One Secretary or Manager.
(ii) One accountant; and
(iii) One cashier.


IX. Registers

34. The following registers and papers shall be maintained and shall be open for inspection of any one interested in its funds, except that no one shall be allowed to see the deposit account of any person, without that person’s consent in writing:-

(1) A register of members showing the name, address and occupation of every member, the number of shares held by him, date of his admission to membership, date of termination of membership and the nominee appointed under Bye Law 15.

(2) A cash book showing the income, expenditure and balance on each day on which business is done.

(3) A ledger account for each member, depositor and creditor, miscellaneous and contingent income and expenditure.

(4) A register showing the maximum credit of each member.

(5) An account showing monthly deposits and contribution.

(6) A register showing all the properties purchased and disposed off / leased out by the Society.

(7) A register showing the monthly installments for payment of loans.

(8) A pass book for each member and depositor.

(9) A book of bonds for all loans issued.

(10) The register of application for membership containing the name and address of the applicant, the date of receipt of application, the number of shares applied for and in case of refusal, the date of communication of decision refusing admission to the applicant; and

(11) Any other register prescribed by the Registrar.

35. Copies of the Bye Laws and the balance sheet shall be supplied free on demand to any member. The last balance sheet shall be open to public inspection during office hours.

36. The Committee shall appoint one of its members one of the officer of the Society to take hold and keep in custody all the registers prescribed in Bye Laws 34 and other papers in use of the Society.


X. Compulsory Deposits

37. (1) Every member shall subscribe to deposits for specific objects.
(2) Such deposits shall be governed by rules to be framed by the Society subject to the approval of the General Meeting of the Society.
(3) With the sanction of the Committee, a member may be excused from the obligation to deposit for any period during which his circumstances do not permit of such payments

38. No loan shall be advanced by the Society save for payment of premium or repair of house / flat leased out to the members and other allied needs.

39. All loans shall be granted within the maximum credit limit of a member at the discretion of the Committee. Such loans shall not exceed 60% of the premium paid or payable to the government of the property mortgaged to the Society. In addition to the tangible security, the borrower shall furnish at least two personal sureties who must be members of the Society. Such loans shall be granted subject further to any general or special restriction or conditions which may be imposed by the Registrar from time to time. The borrower shall execute a bond before payment of loan to him by the Society.

40. Loan shall be payable in equal monthly installments spread over five years. The Committee may suspend repayments of any installments for one or more months on sufficient cause being shown and may thereby extend the time of total payment by a period not exceeding six years.

41. The property given by a borrowing member as surety shall remain under first mortgage with the Society till the borrower pays off the whole dues.

42. House given in surety shall be insured against fire for their full value. The insurance premium shall be paid by the borrower, failing which the Society will pay the premium and debit the amount to the member’s account.

43. If the Committee finds that the security for an outstanding loan has become insufficient or that the borrower’s material position has weakened, they shall call on the borrower to provide satisfactory security and in default shall call in the loan at once. The loan shall also be recalled if the Committee finds that it has not been applied to the purpose for which it was taken.

44. A member’s commitment as surety shall not exceed an additional amount equal to his maximum credit limit. Unavailed portion of the member’s credit limit may be added to increase the limit upto which he may stand as surety. When a member has stood surety for an additional amount owing to his maximum credit limit not being fully drawn, he may not draw further his maximum credit limit, until his liability as surety has been correspondingly been decreased. Permanent sureties may be taken subject to rules and regulations as approved by the Registrar, but the provision regarding unavailed portion of the maximum credit limit as mentioned above shall not apply in such cases. The limit to which a member can stand surety in accordance with the Bye Laws may be exceeded at the discretion of the Committee in case where collateral security is also taken.

45. Interest on loans to members shall be charged at a rate to be fixed by the Committee provided that the margin between the borrowing and lending rates is of at least 2% per annum. In case of default, penal rate may be prescribed by the General Meeting under Bye Law 20(11) subject to a maximum of 3% per annum.

46. All documents creating a charge or obligation on the Society shall be signed by the President or Vice President and by other members of the Managing Committee appointed for the purpose provided that in the case of receipts and cheques upto Rs 200/- and receipts for deposits and repayment of loan, the President or Secretary and Treasurer may sign. All important documents of the Society shall be sealed with the Society’s seal. The seal shall be kept in the custody of the Secretary or any other officer or office bearer of the Society authorized for the purpose.

47. Society shall not allot any property including plots, houses or flats to any person except to its own members. No member shall be allotted on lease or rent more than one plot or house or flat by the Society.


XII. Audit

48. The accounts of the Society shall be audited at least once a year by an auditor appointed by the Registrar. The Society shall pay such audit fee as may from time to time be fixed by the Registrar, Cooperative Societies, Delhi.



XIII. Distribution of Profits

49. (a) The following shall be first charge on profits:-

(i) Any loss undergone by the Society.
(ii) Necessary deduction for depreciation of machinery, building etc.
(iii) All insurance charges.
(iv) All payments of salaries, provident fund and working expenses.
(v) Interest on debentures, loans, deposits etc.
(vi) Contributions of audit fee as may be fixed from time to time by the Registrar.

(b) The balance shall be the net profit of the Society.

(1) Not less than 25% of the net profit shall be carried to the reserve fund which shall be indivisible and no member shall be entitled to any share in it.

(2) The Society shall credit a sum calculated at two percent of its net profit subject to a maximum of Rs 2, 500/- every year for contribution to the Cooperative Education Fund to be administered by the Registrar. The Registrar may frame regulation for the utilization and the administration of the Fund. This Fund shall be kept with the State Bank of India. Any such amount payable by the Society shall be a charge on the funds of the Society.

(3) Dividend on shares may be paid not exceeding 10% per annum.

(4) Not more than 20% of the balance shall be distributed as bonus to all employees whether members of the Society or not.

(5) The remaining amount, if any, may be allotted to any or all of the purposes detailed below or may be carried over to:-

(a) Bad debt fund.
(b) Rebate on goods purchased by the members.
(c) Common goods fund according to Section 47 of the Act.
(d) Dividend equalisation fund.
(e) Share transfer fund; and
(f) Any other fund required for the business of the Society.

50. If no dividend claimed for period of three years from the date of the declaration, a notice shall be issued by the Society at the registered address of the member at his cost calling upon him to take the amount within one month of the receipt of the notice. If the dividend is not claimed during this period it shall be credited to the reserve fund.
51. Bonus shall be paid according to the rules approved by the General Meeting and subject to any restriction imposed by the Registrar.

52. No bonus in addition to the dividend shall be distributed on shares of the members.

53. Dividend shall not be paid while any claim due from the Society to a depositor or creditor remains unsatisfied.

54. Allocation and distribution of profits shall be made only after the annual audit. Members shall have no right to the dividend unless declared and approved by the General Body. The dividend shall be paid to all the members within three months of the approval by the General Body.

XIV. Reserve Fund

55. The reserve fund is indivisible and no member is entitled to claim a specified share in it. It shall be invested in Government Securities or otherwise as directed by the Registrar under Section 49 of the Act.

XV. Disputes

56. If any dispute touching the constitution of business of the Society arises between members or past members of the Society or person claiming through a member or past member of the Society (past or present) it shall be referred to the Registrar as provided in the Act and the Rules made thereunder.


XVI. General

57. All members not specially provided are to be decided in accordance with the Cooperative Societies Act and the Rules made thereunder.

58. The Managing Committee with the approval of General Meeting may frame rules of business for carrying on the work of the Society and may make additions or alterations in them from time to time.


XVI. Liquidation

59. (1) The Society shall be wound up and dissolved only by an order of the Registrar under Section 63 of the Delhi Cooperative Societies Act, 1972 and Rules made thereunder.
(2) After meeting the liabilities including the paid up share capital, the surplus assets, if any, shall not be divided among members, but shall be utilized toward any object of public utility determined by the General Meeting of the Society within three months of the date of the final liquidation and approved by the Registrar. Registrar may with the approval of the General Meeting of the Society, place the said surplus on deposit with Delhi State Cooperative Bank Ltd. Until such time a new society with similar conditions is registered, when with the consent of the Registrar such surplus may be credited to the Reserve Fund of the new Society or assign the surplus either wholly or in part to an object of public utility of local interest or a charitable purpose as defined in Section 2 of the Charitable Endowments Act, 1890 (6 of 1890).


ANNEXURE

Regulations relating the houses / flats leased out by Group Housing Society to its members.
..... ….. ….. ….. ….. ….. ….. ….. ….. ….. …..

1. Residential houses/ flats will be allotted by the Society to its members who fulfill the prescribed conditions and agree to abide by these regulations.

2. The residential houses / flats will be allotted by the Society to its members by draw of lots.

3. Each sub-lease shall be required to execute an agreement with the Society and the government as may be found necessary before entering in the house allotted to him / her.

4. No sub-lease shall at any time, quarry any stone, dig out sand or soil or do any act which may be harmful to the building or the estate of the Society.

5. No sub-lease shall make alteration in or addition to the house / flat allotted to him without the approval of the Committee in writing and subject to the Municipal Byelaws.

6. Each sub-lease shall be required to get the house / flat insured against fire or damage and shall be liable to annual premium regularly. If for any reason the sub-lease fails to pay the premium in time, it shall be paid by the Society, which will be debited to the account of the sub-lease concerned and shall be recovered from him in accordance with the provisions of the Delhi Cooperative Act, 1972 as applicable to the Union Territory of Delhi, the rules made thereunder and the Bye Laws of the Society.

7. Each sub-lease shall pay ---- % of the cost of land on which that house / flat has been constructed, calculated by the Society and approved by the General Meeting as each sub-lease shall pay ground rent as may be fixed by the General Meeting of the Society or by Government in addition to the contributions levied for the maintenance of the Society.

8. Each sub-lease shall be responsible for the internal repairs of the house/ flat allotted to him / her. The outer white wash and other minor repairs is the responsibility of the Society.

9. Each sub-lease shall permit the Society and all authorized persons and workmen to enter upon the house / flat to examine its condition from time to time.

10. No sub-lease will do anything which in the Society’s opinion may cause a nuisance, annoyance or inconvenience to the occupants adjacent or in the neighborhood or to be prejudicial to the Society.

11. No sub-lease shall be allowed to transfer his rights over the house / flat allotted to him / her without the consent of the Society in writing or the Government as the case may be.

12. No sub-lease shall be allowed to sublet any portion of the house / flat to anyone without the approval of the Society in writing.

13. If at any stage it is found that the information given by the sub-lease differs in accordance with the terms of the lease, the Society shall have the right to forfeit his right over the house /flat allotted to him without any refund and to get the house / flat vacated immediately.

14. If the Society fails to recover the ground rent from any of the sub-leases concerned in accordance with the terms of lease, the Society shall have the right to forfeit his rights over the house / flat allotted to him without any refund and to get the house / flat vacated immediately.

15. Each sub-lease shall always abide by the rules and regulations and other instructions issued by the Registrar, Cooperative Societies, Delhi or the Government on this behalf from time to time.

16. These regulations are subject to such modification by the General Meeting of the Society with the approval of the Registrar, Cooperative Societies, Delhi as may be deemed fit.

MEMBERS RALLY AGAINST MR MATHUR'S NOTICE OF 28 MAY 2008

Shri K Subramaniam, 31 May 2008
President DIN CGHS Ltd
Plot N0 -7, Sector -4
Dwarka
New Delhi – 110 078


Sub: Contribution for Court Deposit in the Arbitration Case of M/s. Rana Const


As you are aware, in the Special General Body Meeting (GBM) held on 12 Nov 2007, one of the agenda items regarding payment of 50 % amount out of the arbitration award, as decided by the sole arbitrator in the dispute between the Society and M/s Rana Const Co, as ordered by the Hon’able Bench of Delhi High Court was discussed. The majority view of the members present in the SBGM was that the payment must be made from the funds available with the Society and shortfall, if any, should be met by realizing the outstanding dues from the members including the Equalisation Charges from the concerned members who purchased the flats after draw of lots on 04 Oct 1998. The matter was again taken up in the subsequent SGBM held on 25 Dec 2007. It was reported in the meeting that the funds available with the Society are being deposited with the treasury of the Delhi High Court by the MC and the balance amount is yet to be deposited. The members again expressed and reiterated their earlier stance that the balance dues be quickly recovered from the concerned members and deposited with the Court.

Instead of apprising the members with regard to the position of recovery of dues from defaulting members, the MC issued a circular and displayed the same on the Society notice boards demanding Rs 15,000/- from members to meet the deadline for deposit of the amount with the High Court. Subsequently, another circular was issued and placed on the notice boards repeating the demand and asking the members to make the payment which would be later refunded / adjusted against their dues. It was threatened that in case the amount is not paid, the members will face the consequences.

Now another circular dated 28 May 2008 has been issued and placed on Notice Boards of the Society again asking for payment of Rs 15,000/- or else face the consequences. The resultant consequences as mentioned in the latest circular have neither been elaborated nor explained.

In the afore mentioned SGBMs held on 12 Nov and 25 Dec 2007, no decision was taken with regard to payment of Rs 15, 000/- by each member. Over and above the decisions taken in the two SGBMs, the demand of Rs 15,000/- is very surprising. This demand by the MC is a mockery of the decisions approved by the General Body in the SGBMs. Further, in the circular dated 28 May 2008, it has been mentioned that the amount of Rs 15,000/- will be refundable / adjustable against future dues of the members. This amounts to an undertaking given by the Secretary of the MC, who is not even legitimately holding the position in the Society since his membership is yet to be approved by the Hon’able Registrar. Assuming that the decision has been taken by the MC, it is amazing that how the MC has chosen to supersede a decision of the SGBMs, which is the supreme decision making body in the Society. Any such decision is, therefore, violative of the provisions of the DCS Act 2005, Rules and Bylaws of the Society.

On numerous occasions, in the past, the present MC has taken wrong decisions in contravention of all rules and regulations and conducted itself in an autocratic manner. Inspite of writing many letters wherein such violations were brought to your notice from time to time, no heed was paid and no corrective action intiated. You are, therefore, once again advised to set your house in order and direct the irresponsible functionaries of the MC not to indulge in such activities and mislead the members by bringing distorted facts in circulars issued by using threatening language. A copy of this communication is also being endorsed to the Hon’able Registrar Cooperative Societies, Delhi.


Yours faithfully,

Signed by 23 members and sent to Registrar Coop Societies, NCT, New Delhi

MEMBERS RESPONSE TO NOTICE ISSUED BY MR YS MATHUR ON 28 MAY 2008

Please refer to DIN CGHS Notice dated 28 May 2008 signed by Mr YS Mathur.

Before making a demand for Rs 15,000/- from each member, the MC must inform the members the status of recovery of outstanding dues from some of the members. The dues were to be recovered as a follow up action of the decision taken during the General Body Meeting held on 25 Dec 2007.

The MC must reveal to members the correct sequence of events leading to arbitration award against the Society; candidly accept its responsibility for mishandling the case from the very beginning and precipitating the current situation where members are being asked to pay for the sheer mismanagement by the MC.

Since the MC ignored a suggestion by members, made during the General Body Meetings held on 12 Nov and 25 Dec 2007, to step down honorably and gracefully as they had already outlived their valid tenure, the members were forced to seek their removal by approaching the Delhi High Court. The Delhi High Court has passed an order on 12 May 2008 vacating the stay on holding of Society elections that Mr Madan Sharma, Mr YS Mathur and others supported by the President Mr K Subramniam had obtained from a lower court in Mar 2007.

The High Court order has effectively paved the way for Society elections to be held after more than six years. In the light of the High Court order, the present MC is overstepping its authority by demanding money from members on refundable / adjustable basis. Not only has the present MC ensured that the Society funds are totally depleted, they are also bent upon mortgaging the future of the Society.

The consequences, of not paying the Rs 15,000/-, mentioned by Mr YS Mathur is a blatant attempt to extort money from members to pay for total mismanagement by the MC. The MC is advised to spell out these consequences clearly instead of making vague references to them. Besides, the decision to demand Rs 15,000/-from the members lacks legitimacy as it has never been approved by any GBM / Special GBM.

The members are requested to insist upon getting the MC to comment upon how this situation has arisen before considering paying money to the MC which has shown scant regard to interests of the Society and its members.

THE SOCIETY Vs M/s RANA CONST CO. CASE IN A NUTSHELL

Firstly, every effort to gain information about the case from the MC was frustrated by obduracy of the 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) Mr K Subramaniam, the 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 MC has refused to furnish any documents of the case for information of the members. The above not withstanding, the keenness shown by Mr K Subramaniam , President and Mr YS Mathur, Secretary 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.

NOTICE ISSUED BY MR YS MATHUR ON 28 MAY 2008

Subject: Contribution for Court Deposit in Arb Case of M/s Rana Const

The members are aware that the Society filed an appeal in the High Court (Larger Bench) against Arbitration Award and Single Judge Order dated 19 Feb 2007. M/s Rana Construction Company has filed an application for vacation of order granted by the High Court as the Society has not yet deposited the whole amount (Only Rs 19 Lakh have been deposited till now). The Court has ordered (on date 28 May 2008) that Rs 14 Lakh should be deposited within three days and the balance is to be deposited by 14th July 2008 otherwise stay will be automatically vacated.

Members who have not deposited Rs 15,000/- (Refundable / adjustable) are requested to deposit this amount immediately so that the balance amount can be deposited to the High Court otherwise all members will have to face the consequences.

Kindly co-operate.

Sd..xxxx

(YS Mathur)
Secretary

The State of Utter Neglect in the Society

External Appearance. The very approach to the Society from Madhu Vihar side presents a dismal picture.

Generator. The 15 KVA Genset was bought by the Society from Society funds for Rs 45,000/- to provide backup power for the security lights in the Society. The Genset has been neglected over the last few years and no maintenance worth the name has been carried out.

Parking Chaos. There is no check on parking within the Society premises with two wheelers being parked haphazardly in common areas and blocking walkways. There are no instructions on the subject from a sleeping MC, thereby causing inconvenience to members. Besides, the chaotic parking is bound to restrict movements in emergency situations.

Delhi High Court Orders Elections in DIN CGHS Ltd

It may be recalled that the Secretary of the Society, Mr YS Mathur supported by Mr Praveen Kumar, Mr Inderjeet Mankotia and Mrs Jaswanti Devi had joined Mr Madan Sharma praying to the court to restrain the Society from holding elections and that elections to the Managing Committee be held in abeyance. The President, Mr K Subramaniam had submitted an Affidavit to the same court that the Society had no objections to such a proposal. None of them had bothered to obtain the assent of the General Body before approaching the court for getting the elections stayed. They conveniently concealed from the court the simple fact that they had already completed their term of three years in office way back on 31 May 2005. Besides, the MC knew that the issue of Society elections falls within the purview of DCS Act 2005 and the lower court had no jurisdiction to pass an order staying the elections. Yet, they were able to manipulate the law to obtain a stay on holding of elections in the Society and thus effectively demolish the democratic process in the Society in order to prolong their strangle hold over affairs of the Society.

In the General Body Meetings held on 12 Nov 2007 and 25 Dec 2007, the MC was requested by members of the Society to behave like gentlemen and step down honorably and help the RCS restore democratic process in the Society by holding the long overdue elections to the MC. Mr K Subramanian, President remained non-committal; thereby leaving the members with no option but to seek relief from Delhi High Court.

On 12 May 2008, the High Court has set aside the stay order passed by Civil Judge in suit No. 90/2007 dated 24 Mar 2007 keeping the election of the managing committee in abeyance. The High Court observed that the Civil Judge had exceeded his jurisdiction in ordering a stay on elections in the Society. The High Court, on an undertaking given by the RCS, has ordered the RCS to hold elections to the Managing Committee of DIN CGHS Ltd by within three months. The High Court order is reproduced here-in.

RECOVERY OF EQUALISATION CHARGES

As a follow up of the General Body decision taken on 25 Dec 2007 during the GBM, the Secretary, Mr YS Mathur has issued Letter No DIN/35/2008/2 dated 07 Jan 08. The letter is reproduced for information of the members:

The following resolution was adopted and decision has been taken in the Annual General Body Meeting held on 25 Dec 2007:-

1. (i) It has been resolved irrevocably and unanimously that an equalization amount of Rs 2.50 Lakh will have to be paid uniformly by all the new members enrolled after the draw of lots held on 04 Oct 1998, within six months i.e. upto 30 June 2008.

(ii) It was further resolved that simple interest @ 5% per annum will be charged on Rs 2.50 Lakh or the balance amount remained unpaid from the date of possession of the flat.
In case the payment is not made by 30th June 2008, compound interest @ 12 % will be charged with effect from 01 July 2008 on the unpaid amount. In case, any member has paid more than Rs 2.50 Lakh, the excess amount will be adjusted.

(iii) RCS will be informed and requested to expedite the regularization of enrolment / allotment of flats of these sixteen members pending since Sep 2000 and also arrange to hold elections to the MC early.

2. It is decided that from01 Jan 2008 all repairs inside the flats will be got done by the flat owner in keeping with the provisions of Section 93 (3 & 4) of DCS Act 2003 ensuring that no damage is caused to the flat down below, the cost of removing the damage will be equally shared by both the flat owners. Members are requested to follow these rules strictly in future.

Sd/-
(YS Mathur)
Secretary


Comments

1. The period of six months was given to the sixteen new members as a window of opprotunuty to pay the reduced Equalisation Charges. The decision taken stipulated that should, for any reason, the new members fail to clear all Equalisation dues by 25 Jun 2008, they will forfiet the concession of paying an interest rate of 5 % and will have to pay an interest rate of 12 % on the unpaid amount with effect from the Date of possession of the flat(s). The Secretary has once again sacrificed the interest of the Society by giving the sixteen new members a latitude of paying 12 % compound interest with effect from 01 July 2008 and not from the date of possession of the flat.

2. The Secretary mentioning that the RCS will be requested to hold early elections to the MC is meaningless and a ploy to deceive the members as he has obtained a stay on holding of election from the Court. He has conveniently omitted to mention that unless the court order is vacated, the RCS will not be able to hold the elections. That in turn will ensure that the present MC will continue in office much beyond their mandate sanctioned by DCS Act 2003.