Minutes of the Annual General Body Meeting of Samachar CGHS Ltd held at Samachar Apartments on October 09, 2022:
At 10 AM, President Shivaji Samaddar announced that the assembly would await quorum till 10.30 AM and if there is no quorum at 10.30 AM, the meeting would be adjourned for 15 minutes after which the meeting would begin with the members present. The quorum was not fulfilled at 10.30 am, the meeting was adjourned for 15 mins and called to order again at 10.45 am.
Agenda item No. 1: The AGM confirmed the minutes of the last Annual General Body Meeting held on 19.09.2021. In the absence of General Secretary Mr S Sedhuraman, who was out of station and on leave, the President read out the
minutes. He also informed that another member, Mr Pallav Bagla, sent across some points as he was out of station. The points would be taken note of.
Agenda item No. 2: The President read out his Report on the activities of the society during 2021-22.While reading out, an update was given on the sewer position. On a personal visit by the Secretary and the President to the DJB office they were assured by DJB that the issue would be resolved by Diwali. The President also mentioned details of three ongoing court cases involving the Society, as these were not mentioned in the Report:
The society is fighting three cases:
- Mr N K Sareen: Thematter is pending before Delhi High Court. The next date is December 5, Mr Sareen filed a writ petition against an order of the RCS for verifying the dues claimed by the society and determination of Mr Sareen’s dues to the society.
- Mrs Suman Sharma and Mr Saurabh Sharma: A writ Petition filed by the Society is now pending before the Delhi High Court. The next date is December 9, 2022. Detailed hearing has not started yet. The Society has challenged Delhi Cooperative Tribunal’s (DCT) order that was in favour of Mrs Suman Sharma and Mr Saurabh Sharma. The tribunal had dismissed the Society’s appeal against an order by an Arbitrator appointed by the RCS. The Arbitrator in his
order had upheld most of the claims of Mrs Suman Sharma and Mr Saurabh Sharma. Relying on a couple of Judgments of Bombay High Court, the arbitrator had held that ‘Tenancy Charges’ should not be more than 10% of the maintenance charges, the Society should issue NOC in view of this and pay Rs 2000 to Mrs Suman Sharma as litigation expenses. The society has not yet complied with the order of the Arbitrator as the DCT’s judgment on the matter is under challenge in the DHC.
- Mr N N Gupta: In view of the arbitrator’s order in the matter involving Mrs Suman Sharma and Mr Saurabh Sharma with regard to ‘Tenancy Charges’ , Mr Gupta also declined to pay tenancy surchrge. The society went to the RCS on this matter. The Arbitrator ruled in favour of Society’s contentions after taking into account the Bombay High Court Orders. Mr Gupta filed an appeal before the DCT. The matter is pending. They want to see the outcome in the High
Court in the matter of the Mrs Suman Sharma and Mr Saurabh Sharma. The next date is November 22, 2022.
Mr Ravish Mishra wanted the Tribunal order of paying two thousand rupees as cost to Member Mrs Suman Sharma should be implemented. The President clarified that the whole matter has been challenged by the Society in the Delhi
High Court. No action is taken so far since the matter is sub-judice and there is no High Court order on this issue so far. MC will abide by court order once the matter reaches some kind of finality. Mr V Mohan Narayan pointed out that, on the tenancy charges issue, two Arbitrators have taken two different views on the same issue. The President’s report for 2022-23 was passed unanimously.
Agenda item No. 3: The budget estimates for 2022-23, was piloted by Treasurer Mr AR Das at the AGM. The Budget placed the total income at Rs 36.75 lakhs and the expenditure at Rs 36.53 lakhs. To a querry of Mr Ravish Mishra, Mr Das clarified that there is no proposal for increasing the maintenance charges in this budget. The budget was approved unanimously.
Agenda item No. 4: After a discussion and some clarifications made by Mr A R Das, the AGM approved the Audited Statement of the Accounts and Audit Report for 2020-21. During the financial year 2021-22 the Income was INR
48,99,891/- (excluding interest income from Bank) and the total Expenditure was INR 46,57,231/-. The income was slightly higher than the expenditure, mainly due to receipt of one installment of garden grant pertaining to the previous financial year and payment by flat owners for the expenditure incurred by the society in the previous FY on replacement of the waterline from the LA pipes to overhead water tanks. Interest earned in the year on FDs/bank accounts was Rs 2,44,184 (last year Rs 2,68,640).
Agenda item No. 5: On rainwater harvesting the President gave the current position. He also read out from an email received from Mr Pallav Bagla on this and other issues. (“On creating a rain water harvesting structure in the society, my views remain the same, it will not be helpful and would only become dump ground. So we should not indulge in it now, we should write to authorities that we live next to a big drain and the Yamuna river and we could be exempted. So I oppose any immediate move to install it.”). There is no further move by the DJB either for the project. As of now the water bill is coming to zero, he said. Mr C K Nayak pointed out that as per the direction of GBM, the MC called a qualified hydrologist who took the measurement of the ground water table in the Society. As per his report the ground water in Society is 23 ft/7.01 metres (against DJB bench mark of 5 metres) below surface. This may vary from season to season. He also said that the proposed ground water project as recommended by the DJB is not on solid legal ground. He opined that even if we took up the project it was not going to improve the ground water level.
The President clarified that the “report” of the expert,except on the measured level, is only verbal and not on record. Mr Nayak agreed with the same and qualified that the same was made before some office bearers including himself and Members who were present during the visit. He could not give in writing since he is working with some government agency. The verbal report of the expert was placed before the MC. Unanimity or a majority view on going ahead with the implementation of the project could not be attained in the MC. The President said that in the absence of the MC’s majority approval he is not going to take up the issue with the GBM.
The GBM advised the MC to wait for further developments and come back to it in case of any emergency. Through unanimous decision, the AGM deferred the implementation of the rainwater harvesting project.
Other matters:
The GBM suggested the MC take up the facelift issue with alacrity. After some discussions in which Ms Sindhu Titus, Mr Ravish Miashra, Mr Sukmar Banerjee, Mr
A R Das and Mr V Mohan Narayan took part, it was decided that the committee to go into the details of the project for facelift etc will include Ms Sindhu Titus as a co-opted Member. Further the MC should come to the General Body of members with a detailed plan and proposals by January 31, 2023.
Mr V Mohan Narayan opined that water tanks requiring repairs should get immediate attention.
The issue of old cars which are not in use but parked within Society came up for a brief discussion, especially in the context of recent laws and notices regarding 10/15 years old petrol/diesel cars. Mr Mohan Narayan, Mrs Sindhu Titus, Mr K Unnikrishnan, Mr Ravish Mishra took part in a brief discussion. The President assured that the matter would be taken up with owners of such cars again to persuade them to dispose off such vehicles.
A demand was raised by Mr Rattan Singh Verma for graded maintenance charges as per the size of flats. Mrs Sindhu Titus, Mr Girish Vargese, Mr Sunil Gatade, MrRravish Mishra, Mr Sukumar Banerjee, Mr A R Das and Mr CK Nayak took part in a brief discussion on the matter.The President and the Treasurer said that such a proposal was indeed considered by the MC but did not find favour at that time in deference to co-operative spirit. But at the same time, the President advised the concerned Members, were they to come with a properly reasoned proposal, the MC will consider the same again and come back to GBM. The issue cannot be decided in this meeting.
Mr V Mohan Narayan mentioned that the greenery including the lawns has vastly improved. Outsiders also mentioned this to him. The efforts of Mr V S Chauhan in this matter should be acknowledged and complemented.
A brief discussion took place involving Mr Sunil Gatade, Mr K Unnikrishnan, Mr A R Das, Mr Sukumar Banerjee and Mr V Mohan Narayan on the issue of Redevelopment of the Society properties. Rules and regulations by Authorities like DDA etc are still not in place for such a move, it was pointed out.
The meeting ended with thanks to the Chair.
Sd/-
Shivaji Samadar
President