Dated 14.1.2010

 Dear Members,

 Please refer to my letter dated 23.12.2009 regarding living right and repercussion of self-draw.

            In this connection, a meeting of the AOCAM was held on 10.1.2010 to discuss the above issues. The members were apparently anguished over the inaction on the part of the RCS office which compelled the innocent members to take law in their own hands. This in no uncertain term is a diagnostic failure of the government machinery, especially the RCS office which did not bother the suffering of thousands of members for more than four years. The members present in the meeting unanimously pressed upon the AOCAM to take lead in the issue to protect the interest of self-drawers as well as rest of the suffering members.

            About 10 societies went for self draw and thereafter what has happened is the story of the day which is being published by the various newspapers. The action of the RCS has also gone in negative way, or say, the RCS has started repressive measures. At this moment of crisis where the members have gone for self-draw violating the relevant provisions of DCS Act and Rules, the requirement is how to protect their interest along with all other members who are still waiting for allotment.

            It is a fact that the RCS office has not been working for years together and irresponsibly harassing the hapless members but taking law in ones own hand is another dimension to ponder on for finding a lasting solution. As I believe, the chronic negative facet of the RCS has to be given a jolting punch in democratic way. This way only we achieved the regularization of  over 15000 members from the clutches of Rule 24(2) and I feel this will prove to be panacea in latest scenario as well. Therefore, our attempt would at present be in two directions to come to solution:

1. To explore ways and means so as to ensure protection of the members who went for self-draw;
2. To get started process of allotment in the RCS office in respect of the remaining societies.

You are, therefore, requested to participate in the meeting of AOCAM to be held on 17.1.2010 at 3 p.m. at Asha Deep CGHS (Sector-2, Plot 3B, Dwarka, New Delhi) to chalk out future strategy. The notice is also available on the website of AOCAM www.aocamdelhi.com.

Happy Lohri and Makarsankranti.

DPS RAJESH

CONVENER

9868586999(M)

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                                                                                                                                  23.12.2009

Dear friends,

 

A number of suffering members of various societies have shown their concern about the delay in allotment of flats. The matter is really hot and penchant to the extent that even law-abiding citizens are ready to violate law and hold self-draw to enter into their flats as remaining on continuous wait for the last four-five years has eroded the very level of their patience. I know a number of  members of various societies who remained associated with the movement for early allotment of flats under the banner of AOCAM till February, 2009 but got alienated due to misleading perceptions created by a pocket of disgruntled forces who wanted to reap untimely harvest without sowing seeds in appropriate season.

The fact remains that movement of AOCAM had paid dividend in form of regularization of membership of more than 15000 people who enrolled themselves in various societies after 8.1.2003 in violation of the provision of Rule 24(2) of DCS Rules, 1973 in which case the Delhi High Court had declared their memberships null and void. After regularization of the memberships of various societies on account of the Delhi High Court judgement dated 2.7.2007 in Rajib Mukhopadhyay case, the process of allotment started with respect to 48 societies not under the scanner of the CBI. This was an onerous task challenging the basic existence of memberships in various societies but got resolved on the basis of constant efforts not only in judicial corridors but also public outcry on roads in terms of candle light march, relay hunger strike for months together organized by the AOCAM. I know, generally the people have their short memories and so in the case of those who got resultant benefit from AOCAM in terms of regularization of their memberships.

 

Today the members of all 57 societies are at cross roads where they need proper guidance to reach the destination without violating the provisions of law and here is my suggestion that instead of self draw and forcible entry into the flats by the concerned members of various societies, the Management Committees should come forward and allow their habitation under the concept of “living right”. Under this concept the members will give in writing to the MC concerned their distress requesting for a living right in the following proformae:

To

 

The Managing Committee

-------------------- Cooperative Group Housing Society Ltd.

Sector----------- , Plot ----------------    , Dwarka,

New Delhi.

 

Sub:  Living rights in the society in view of financial hardship - reg.

 

Sir,

 

I have been awaiting allotment of my flat for more than a year after a clear judgement was pronounced in Yogiraj Krishna case in August, 2008 in which a time-frame had been laid down by the Hon’ble High Court for allotment of flats but nothing has happened so far. My economic condition is worse to the extent that I am unable to continue with rented accommodation, payment of EMI to bank and meeting day to day basic expenses of the family.

 

 I, therefore, pray upon the Managing Committee to kindly consider my request for a living right in the society for which I undertake to clear all the dues outstanding against me and also whatever rent fixed by the society besides maintenance charges. I also give undertakings to the following effect:

 

1.                                         That I will not do any further construction work / woodwork / fixation of articles altering or damaging the walls of the flat or the dwelling unit given to me;

2.                                         That whatever defects in the dwelling units occur during my occupation/possession, I undertake to repair the same on my own cost;

3.                                         That I will hand over the possession of the flat to the Management of the Society in the same shape and condition within 24 hours,  once the society asks me to vacate the flat;

4.                                         That I know well that I don’t have any legal claim over the possession of the flat and it is the discretion of the  Managing Committee to give me living right on account of my economic distress.

5.                                         That I know well that if the Managing Committee of the  society considers to give me accommodation to live in, it will not confer on me any legal right of ownership.

6.                                          If the society is not satisfied with my conduct during the period of my stay in the flat given to me, the Management Committee is free to get my flat vacated and I will readily be vacating the flat and premises of the society for which no legal responsibility goes to the society.

7.                                         The occupancy of flat shall in no case be treated as allotment to me.

 

Thanking you,

 

 

Yours faithfully,

 

 

 

(                    )

 

                                                                                         Membership No.

The concerned Management Committees will consider taking an affidavit in the following proformae from the applicant members:

 

AFFIDAVIT

 

I, ......................................... aged..................  S/o ............................... working as ............................(designation) in .................................................... (organization's name)    Resident of ................ ............................................................and Membership No. ........... of ………………………CGHS Ltd., Plot No. ……………….., Sector……………….., Dwarka do hereby solemnly affirm and declare as under:

 

8.                 That I will not do any further construction work / woodwork / fixation of articles altering or damaging the walls of the flat or the dwelling unit given to me;

9.                 That whatever defects in the dwelling units occur during my occupation/possession, I undertake to repair the same on my own cost;

10.             That I will hand over the possession of the flat to the Management of the Society in the same shape and condition within 24 hours,  once the society asks me to vacate the flat;

11.             That I know well that I don’t have any legal claim over the possession of the flat and it is the discretion of the  Managing Committee to give me living right on account of my economic distress.

12.             That I know well that if the Managing Committee of the  society considers to give me accommodation to live in, it will not confer on me any legal right of ownership.

13.              If the society is not satisfied with my conduct during the period of my stay in the flat given to me, the Management Committee is free to get my flat vacated and I will readily be vacating the flat and premises of the society for which no legal responsibility goes to the society.

14.             That I shall make all outstanding dues clear before the possession of flat to me as living right as per terms and conditions determined by the society.

15.             The occupancy of flat shall in no case be treated as allotment to me.

 

 

Signature of

Witness No. 1                                            

Name & Address:

 

 

Signature of

Witness No. 2                                            

Name & Address:

DEPONENT

 

 

VERIFICATIOIN:

 

I, the above said ................................ S/o .................................. Resident of ...................................................................... do hereby affirm and declare that the contents of above paras are correct and true to the best of my knowledge and belief and nothing has been concealed and/ or suppressed and / or misrepresented. I am aware that if any document or information submitted by me is found to be false and / or incorrect and / or misrepresented and / or concealed, I shall be liable to be punished under the provision of Indian Penal Code 1860, Delhi Cooperative Societies Act 2003 or any other law for the time being in force.

 

Verified at Delhi on this ..................... day of ................. 2009.

 

 

 

DEPONENT

 

 

I can say with all certainty that there would not be any violation of law by giving living rights to members but the societies concerned should definitely have in their possession Provisional Occupancy Certificate (POC) or Completion Certificate (CC). Without POC or CC, you can not think of living right. The above suggestions are not only in principle but they have got actual implementation as well. In case of any doubt, we can sit together to have discussion at length.

 

On the other hand, if you go for self-draw, it will lead to major complications which can be analysed after going through the relevant provision of DCS Act, 2003. Section 77(1) and (2) read as under  

“77. (1) Allotment of plots of land, flats, houses or other dwelling units shall be made by the committee of a co-operative housing society to the members strictly on the basis of draw of lots only in respect of such members whose enrolment as a member of a co-operative housing society is found proper in accordance with the provisions of this Act, rules framed thereunder and the bye-laws of the co-operative housing society by the Registrar with the prior approval of a committee as prescribed and such a draw of lot shall be conducted by the lessor of the land in accordance with the terms and conditions of lease.

(2) If any draw of lot is held in violation of the above provisions it shall be void and any financial loss on account of this shall be recovered as arrears of land revenue from persons who were responsible for it and such persons shall be debarred from holding any office in the co-operative housing society in future.

In case of violation of the above section by the MC, Section 118(7) of DCS Act, 2003 is attracted, which reads as under:

“If any allotment of plot or flat is made by the committee in contravention of the provisions of sub-section (1) of section 77,  the committee and its members responsible shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine.”

Therefore, this is my humble request to all the  members of various societies intending to go for self draw to refrain from such action as this will give another weapon in the hands of the RCS to kill us. We have not yet forgotten the harrowing series of litigations and their hangovers will take a fresh lease if we go ahead with the concept of self draw. If at all need be, think in terms of living right where no violation of law is involved.

You will appreciate that violation of law in this case is a criminal act and vested interest in the RCS office will get an opportunity to exploit this situation at the cost of suffering members. It is a well known fact that a large number of people in various societies took membership for the sake of investment. The moment they feel to be in disadvantageous position consequent on self draw, they will be the first to disown this proposition as self draw means no recognition of allotment  by the DDA or the RCS office.  Such an event will further complicate the situation by throwing entire lot of self draw into litigation. I foresee a big trouble coming ahead for the MCs concerned and those who will be entering into their flats after self draw. In that event the concerned Management Committee along with the flat owners after self draw will undergo the penance of Section 118(7). Therefore, self draw will lead to complete naught and the very purpose of holding self draw to remove the difficulties of suffering members, will get defeated.

 

          The living right as suggested above will in no way be violative of the provision of Section 77 of DCS Act, 2003. The members with bare minimum work in their flats under living right can live happily saving atleast 15000-20000 per month. Now a crucial question is as to how to determine the flats to individual members without draw. Here the method is very simple. The MC will proceed allocating (not allotting) flats on the basis of seniority of membership starting from one. Say for example, if the 40 flats are there for 4o members and each floor is having four flats, the members with membership from 1 to 4 will get the first floor, 5 to 8 the second floor and so on. The members with membership no. 37 to 40 (the junior most) will get the top floor. Charging nominal rent (say Rs. 200 per month) from members besides maintenance charges will further ensure non-violation Section 77 of DCS Act, 2003

 

          To sum up I must reiterate that the finality in the Asha Deep CGHS will pave the way for allotment of all 57 societies and distance is not far off. Though the RCS after clarificatory order of High Court dated 20.11.2009 declaring all 66 members eligible for allotment, is in disarray thinking that once HC order implemented in the case of Asha Deep will be applicable in other 57 societies also. The next date of contempt hearing in Supreme Court pertaining to Asha Deep is on 13.1.2010

DPS RAJESH

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NOTICE FOR SPECIAL GENERAL BODY MEETING

 

Dated 19.11.2008

Dear Members,

It has been decided to hold a General Body Meeting of the AOCAM on 23.11.2008 at 2.00 pm in the Asha Deep CGHS (Plot No.3-B, Sector-2, Dwarka, New Delhi-110075) to discuss the following agenda items.

(a)                To approve the minutes of the last GBM.

(b)               Discussion on developments with regard to allotment of flats.

(c)                Pre-audited report up to financial year ending 31st March, 2008 followed by an audited one within next 15 days.

(d)               Any other item with the permission of the Chair.

Various candidates contesting the Delhi Assembly election to be held on 29.11.2008  have approached us seeking our favour. As you know, AOCAM has been an apolitical body committed to its objectives for the welfare of the suffering members. However, it will have to decide the suitability of a candidate who will serve us for the next five years in representative capacity. We have bitter feelings in the past particularly in the last stint of our representatives, many of whom hardly bothered about our sufferings. We definitely like to choose the best one amongst the contesting candidates whichever parties they belonged to. Moreover, we would like to have known the mind of the ‘Would Be Our Representative’ as the coming days will have peculiar  problems for the Dwarka Sub-city with vast expansion and skeleton infrastructure like road, water, electricity, etc. along with poor civil administration.

We have sent our invitation to the concerned candidates Smt Kamaljeet Sehrawat from the BJP, Shri Sumesh Shoukin from the Congress (I) and Smt. Nidhi Mahajan from the Bhartiya Rashtravadi Samanata Party, a party launched by Shri Shiv Khera, a motivator, thinker and writer of world acclaim, who has also confirmed his presence to deliver his lecture on the present political scenario.

You are, therefore, requested to participate in this meeting in large numbers to show our strength with full solidarity so that the future representative of whatever political party he or she belongs to does not forget the promise made before the election.

Kindly take your seat by 2.00 p.m. sharp to complete the General Body Meeting proceeding followed by the speech of Shri Shiv Khera and other contesting candidates.

Thanking you,

Yours sincerely,

 

( D. P. S. RAJESH )

CONVENER

(Mobile) 9868586999

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Letter to RCS by AOCAM

Association of Co-operative Group Housing Society Affected Members (AOCAM)

(Registration No. S-56564 under SOCIETIES REGISTRATION ACT, 1860)

Registered Office: Plot No. 3-B, Sector-2, Dwarka, New Delhi- 110075

_______________________________________________________

                                                                                                Dated: 07.04.2008

 

To

 

 

Shri U. K. Worah,

Registrar of Cooperative Societies,

Parliament Street, New Delhi.

 

 

Sub:   Judgment of Hon'ble High Court in WP(C) No. 1403-14/2006 pronounced

           on 02.07.2007 and clarificatory order dated 2.4.2008- reg.

Sir,

 

          Kindly refer to our letter dated 3.7.2007 and 2.8.2007 on the subject noted above (copy enclosed for ready reference).

 

It needs no explanation that whatever we understood and communicated to you in our two earlier letters dated 3.7.2007 and 2.8.2007 with respect to the implications of the judgment dated 2.7.2007 have been corroborated by the Hon’ble High Court on 2.4.2008 while disposing of your clarificatory application in which you prayed inter-alia cut off date as 6.4.2005, a fine of Rs five thousand per member for regularization of membership besides insertion of sub-rules 3 and 4 in Rule 19 of the Delhi Cooperative Societies Rules, 2007. These retrograde steps detrimental to the interest of members were aimed at putting on hold the entire allotment process. The Hon'ble Court did not heed any of your conjectural connotations and pressed its order dated 2.7.07 in its finality with observation that the judgment was very clear and they meant the date of effect as 2.7.07.