Open Letter to Lovely Home CGHS Ltd by RS Sahota
From: Raminder Singh Sahota, Member No. 173, Flat No. B-404, Mobile: 9810065447
The Hony Secretary
Lovely Home Co-operative Society Ltd
Open Letter dated 22.06.2013 (presented before AGM)
On the occasion of AGM called on 23rd June, 2013, I greet you for conducting this meeting because you have been compelled to call AGM due to 2 cases filed against you for un-democratic functioning.
YOU ARE VERY SPECIAL to get Open Letter because NO COMMITTEE could make such remarkable achievements in this Society, by intruding upon the rights of general meeting. No other committee gave so much value to particular group of members, that committee went house to house to take their signature on pre-written paper declaring that members are very satisfied with the decisions & working of the present managing committee.
MY APPRECIATIONS: goes to entire managing committee for devoting their personal time and valuable skills in managing this Society without any opposition, excepting 1 or 2 members. You have done the best you could do. In fact the fault lies with the members for giving you absolute powers. Most of the members have only the self interest. Members keep quite if problem is faced by their neigbour, they don’t want to remember that next will be his number to face another problem. Members don’t have time to come in the meetings to contribute their mite or co-operative skill. Who will like to work honorary in these members.
Sir, I declare that I don’t have self interest but interest for all the members. My purpose of this Open Letter is not to change the Committee. My purpose is to channelize the working of the Committee as per Bye Laws. I have given this statement to Arbitrator objecting to ITEMS OF AGENDA of this AGM. You may circulate a copy to members of my objects rather than hearsay.
Sir, you have not given time to members to read the budget, audit remarks etc. before the meeting but I am giving you this letter in advance to record my comments & objections in the AGM for records, which I will demand in the cases filed before the RCS. Since as per Bye Law 19(v) “No matter other than the Agenda can be discussed” in the meeting and my objections may not merit discussion under item Any other item, I list my comments as per Agenda.
1. Confirmation of minutes of meeting held on 27th August, 2011: U/Rule 52(2) of DCS Rules, 2007; the members have the right to raise objections on minutes, before confirming them.
MY OBJECTIONS ARE: The last AGM was held on Sunday, the 21st August, 2011 and not on Saturday, the 27th August, 2011. The Hony Secy should feel it & ask house to rectify it.
A) For item 7, Why Mr. RH Kaul, Hony Secy did not attend the criminal case when the case is against Hony Secy, why Mr. DR Gupta and Mr. Rakesh Kumar withdrew the bail without calling Mr. RH Kaul in the Court. Why Advocate of the Society did not attend the court? Gentlemen, the committee falsely implicated me U/Sec 211 IPC by not attending the Court. I have suffered various losses. The Society is liable for it. Who will bear the consequences? The general meeting may decide in advance.
B) For item 8, Minutes are false & illegal. The demand for Rs.500/- p.m. cannot be made because this was a major repair work involving Lacs of rupees & requiring transparency. Total work was not quantified, tenders were not called, members were not given chance to compete in the tender, quotations were not approved by general meeting, total expense and date of completion was not determined, agreement was not prior approved by general meeting as laid down U/Rule 106 of the DCS Rules, 2007; The committee must explain why (A) Bye Law 25(1) of the Society was violated, (B) Why valuable guidance given in minutes of previous general meeting held on 25th October, 2009 was ignored; (C) Why valuable advice of Mr. YL Sapra mentioned in last 2 lines of this item No.8 was ignored. Therefore, members should pass a resolution to stop this Demand, for the future, conduct audit of the fund already collected & direct the committee to work as per Bye Laws and change the name “Floating Fund” to abide by Rule 94(1) of the DCS Rules, 2007 which prescribe creation, maintenance & utilization of (i) Building Maintenance Fund and (ii) Building Replacement Fund.
- 2. To place Secretary’s Report: The Hony Secy should have circulated his report along with Agenda to enable members to comment upon. Let us do it in future. Today, I assume the Hony Secy’s report will list the achievements of the committee as:
(I) By Circular dated 28.09.11, the committee stopped one lift of “B” Block to run in rotation by violating Building Laws.
(II) By Circular dated 04.01.12, the committee imposed Car Parking charges by violating Rule 102(2) and snatched occupancy rights of allottees of Reserved Car Space by inviting charge of cheating U/Sec 418 IPC by putting car space allottees to wrongful loss and all the members to wrongful gain. 1 case filed for violations of Rule 102(2). Sahota may file 2nd case. Society is responsible for it.
(III) By Circular dated 04.01.12, the committee presented a budget to member. Approval is automatic because all powers are in the committee or we will take approval by visiting house to house of our group members. All members are required to pay without any objection.
(IV) By Circular dated 04.01.12, the committee increased maintenance charges from Rs.900 to 1200 p.m. by putting exaggerating expenses. Approval is automatic.
(V) By Circular dated 04.01.12, presented Electricity Charges, through a) Rs.15000 p.m. within 1200 b) Un-known amount divided by 107 in addition to c) Existing method already merged in 900.
(VI) By Circular dated 06.06.12, the committee advanced due date of payment of monthly bills from last day of month to 25th of the month. It is our Bye Law.
(VII) By Circular dated 06.06.12, the committee raised demands for un-known Fund of Rs.1000/- each.
(VIII) By Circular dated 06.06.12, the committee imposed parking charges on un-listed vehicles (500-1000) & reserving right of admission with committee.
(IX) The committee suppressed the requisition dated 28.08.12 of 30 members to call SGM. The committee declared them false & did not reply.
(X) When RCS asked us to conduct SGM, the committee replied the reasons to RCS and not to members.
(XI) The committee went house to house and impressed the members to sign on preprinted letter that they are satisfied with their work and demand of members for SGM is wrong.
(XII) The committee suppressed the reasons for not conducting the audit of FY 2010-11 and FY 1022-12. It was kept top secret.
(XIII) The Committee checked most of the electric meters but kept the results for ourselves only. Even if asked by members, we didn’t reply.
(XIV) The committee stopped distributing mail to members’ house and instead all members to come to Guard Room and collect their mail. This is for the convenience of Security Guards and Care taker kept for committee.
(XV) The committee was successful in making a major expense at the cost of 107 members in installing CCTV camera. We installed CCTV at those points where it was required to spy on the members.
(XVI) We were successful in keeping the CCTV purchase as SECRET otherwise some member could have arranged the same in much less amount.
(XVII) The committee has successfully suppressed all the points which the Arbitrator (RCS) told us in the last hearing to include in the Agenda of AGM, which we had agreed verbally to circulate within 2-3 days.
(XVIII) The committee must prove their statement to RCS that the members who signed on requisition have turned hostile, their signature do not tally with the society record and reasons for not having meeting with signatories
(XIX) The 1st item of Agenda for SGM – POC is kept secret. The Hony Secretary must comment upon the efforts made in last 2 years to procure it for this statutory requirement. Hony Secy should reveal why Affidavit asked by DDA is not given.
(XX) The 2nd item of Agenda for SGM – Insurance is kept secret. The Hony Secy must comment upon efforts made by this committee in last 2 years for this statutory requirement.
(XXI) The 3rd item of Agenda for SGM – Disaster Management. The Hony Secy must comment upon efforts made by this committee in last 2 years for this statutory requirement.
(XXII) The 4th item of Agenda for SGM – Fire Prevention. The Hony Secy must comment upon efforts made by this committee in last 2 years for this statutory requirement.
(XXIII) The 5th item of Agenda for SGM – Legal Cases. The Hony Secy must comment upon all the legal cases filed against the Society.
(XXIV) The Hony Secretary should state the reasons for not giving information through Circulars and instead placing it near the lift for the information of members. Are the circulars only for raising demands from members?
I) Item 3) To approve Balance Sheet for the FY 2010-11 & 2011-12 (Copy enclosed): Under Rule 51(6) of the DCS Rules, 2007 the Hony Secy should have sent along with AGM notice, all the Annexure ‘A’ to ‘I’ of Balance Sheet as they are part of Balance Sheet. Audit objections made by the Auditor and report of the committee thereon stating reasons of delay also were to be attached with notice of AGM. Audit Report could also be circulated as it was available with the committee. Hony Secy should explain it to the members.
II) Item4) Presentation of budget for the next Financial Year: I need at least 3 days for proper perusal of the budget. Budget should have been given to members along with notice of AGM, so that members could give their valuable suggestions. I cannot give and will not give my approval to the budget as no time is given to read & evaluate it. Hony Secy should explain it to the members. THE MEMBERS ARE REQUESTED TO PASS A RESOLUTION FOR FUTURE.
III) Item5) Progress for starting major repair work: The Hony Secretary should present complete account as per Bye Laws. I am against further demand of Rs.500/- until previous accounts are satisfactorily audited by members. I am against the major repair work, until the present committee does it as per Bye Laws. Members should condemn previous working and not the committee. Members should make each other aware of working as per Bye Laws.
IV) Item 6) New Arbitration (RCS) case: The Hony Secretary should comment on the reasons for not resolving the matters within the society for the last 1.5 years and compelling me to file cases. If the committee was not able to handle, it should have called SGM. Members are supreme, they should be consulted and committee is not expected to dominate and be adamant at all time and in all matters.
V) Item7) Car Parking related Issue: Committee has violated Rule 102(2) of DCS Rules. What will be next? Lift maintenance according to floor, water charges according to number of members in house? Or What else? I had been propagating the members to pay by uniting them. Present committee is ruling the members by dividing them in groups.
VI) Item8) Any other agenda with permission of Chair: I request all members to pass following Resolutions.
i) Only those members should remain in the committee who can devote time in the interest of members.
ii) Committee must place time of Society Office conspicuously and should attend to members there.
iii) Committee must check that water is filled in society tank for which the members have to pay. Employees not trust worthy for signing on water bills for tanker not at all filled water and for ½ filled tankers.
iv) Committee members shall only be responsible for preparing false record or adopting non-society letters as society records and then presenting the same in the Courts.
v) Committee will not refuse to call or will call the SGM in future, if 1/5th members gave the requisition in future and if they want to contest their signature or authenticity, they will not do it secretly, it will done in front of all the members in a SGM or AGM only. Such a behavior compels members to file cases against the Society.
vi) Committee must give budget proposal with explanation to members with agenda for SGM/AGM in future.
vii) Committee must stop spying on members and families by Security Guards and instead provide the connection to all the members at their houses, as had been earlier done and members have paid for this facility.
viii) Committee must make a register of all complaints of members & present the same before next AGM/SGM
NOTE: This letter is sent to official email of the Society by Email on 22.06.2013 and hence sign not required
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