13.8.22 Dear Friends,
Mom for EGM Dt3.7.22 issued today on 13.8.22 has missed many issues w/o which the five proposals of MOM are nothing but eye wash. Sukhveer ji had issued draft MOM on 6.7.2022 which was sent to all EC members on 9.7.22. It appears that todays MOM is issued w/o discussing the issues with EC members. I enclose Sukhveerji's draft MOM and my comments on todays MOM for your urgent consideration and comments.
Minutes of Extra-Ordinary General Body Meeting (EGM) of Raksha Vigyan Karamchari Sahakari Awas Samiti Ltd. (RVKSASL), held at 3.30 pm on 03.07.2022 at Avviar Educational Hub, C-56, A/20, Sector-62, Noida (U.P.)
There were about 200 participants in the EGM including EC members like President, Vice President, Secretary, Treasurer and other Executive Committee Members. The Meeting started with a welcome address by the President. The Secretary briefed about implementation of section 8 of UPRERA vide reference No. 6724 dated 11.06.2022 saying that now EC has no powers related to the functions of the society and construction activities of the project. EC will work on the guidelines of committee constituted by UPRERA.
He briefed about agenda points and decisions taken during AGM held on 13.10.2019. Similarly he informed that the special audit of society got done for the period 2016-17 to 2019-20. Several Members objected to it stating that MoM and audit reports were not shared with members on e-mail and WhatsApp etc. despite their requests in advance. Hence no decision could be taken on approval by the members. It was accepted by the EC and was assured that relevant documents will be made available to all the members by 7th July 2022 positively. He stated that Rs 9 crore is to be deposited by RVKSASL members with GDA to obtain approved maps for restarting construction else other institution or builder duly recognized by RERA, may deposit this amount with GDA so as to obtain approved Maps for Completion of Construction. Members objected the process of exercising options saying that number of members is more than the number of flats available with RVKSASL. The members told that a list of eligible members, equal to number of flats needs to be prepared and also list of fake/duplicate members should be published in newspapers. These eligible members will take decision to pay Rs 9 crore to GDA and also for refund to members whose names are not there in the eligible list. The Secretary declined the suggestion and said that it is impossible to remove all fake/duplicate members as they keep on appearing again and again and that a group of four people came to him a few days ago and started showing their share certificate and asserting that they are members. He also explained that a few members registered by Proto have obtained RC from RERA. The Society is fighting this case in High Court. He further added that the money of Proto members has not been received in accounts of Society and hence their memberships cannot be accepted. He stated that RERA appointed Committee may order to verify documents of RVKSASL members so as to remove fake/duplicate members and also finalize list of eligible members. The Members agreed to pay further amounts to RERA appointed Committee.
Shri S P Baranwal pointed out following important issues of society which required action and persuasion on priority:
1. Preparation of authentic membership register with all necessary details as per by laws of society. The secretary has to tally details of all the members. He should take out a print for each member, authenticate it with his and VP/President’s signature and paste in MS register. Old member’s details should also be collected and pasted/posted in the MS register. More than 20 members inducted in 2012-13 have been allotted old memberships. This is illegal; they can’t be accorded privilege of founder/old members.
2. Lack of persuasion of the FIR No. 0899 dt. 20.06.2018 by the society. He informed that as per report received from police, through district court, applicant did not cooperate with police and records were not made available. This should be addressed on priority.
3. The action for getting details of financial transaction in 13 bank accounts were not followed seriously. If necessary the details should be asked through legal means.
4. The action suggested by society advocate Ravi Ranjan to file a case to cancel the fake agreements with M/s Rose(2006) and M/s Proto(2010 and 2016) was not followed. An FIR against Mr Maloo and others for a fraudulent 2016 Proto agreement need be pursued.
5. Publishing the list of Fake/Duplicate and non- existing members (totalling 90+271) to curb their nuisance claims is of utmost importance. Society must discuss and take appropriate action on this time consuming issue. If not tackled now, they will create havoc at the time of allotment of flats.
6. Society should deliberate and finalise an allotment criteria to select members as per availability of flats. Unless this is done no solution to GDA payment or refund to members is possible
The EC tried to reply but the members were not satisfied. EC promised to look into the issues.
The EC announced that all the "show cause" letters issued to four members by the secretary, Shri Sandeep Singh, are null and void and stand withdrawn.
The members asked about the actual address of the society. The society will inform to all the members about present address of the society.
The meeting, off course witnessed some hot discussions but was concluded in a cordial atmosphere with thanks to all the participants.
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15.08.2022 Sukhveer
To
President,
Raksha Vigyan Karmchari Sahkari Awas Samiti Limited, (Regn No. 1616), Ghaziabad, U.P.
Sub: Objection on distorted MoM of EGM held on 03.07.2022.
Dear Sir,
The MOM issued by the secretary, Shri Sandeep Singh is different from the facts which were discussed in the EGM. Many issues discussed on 3.7.22 are missing and distorted in the MOM.
As a member, I reject this and want to endorse my protest. I have following comments on MOM of EGM dt 3.7.22 issued on 13.8.22.
Proposal 1:-After raising the objection by members during EGM proceedings, minutes of AGM dt 13.10.19 was promised to be issued by 7.7.22. It is issued on13.8.22 along with MOM of EGM held on dt 3.7.22. It is too late and distorted. However important thing to note is that EGM 13.10.19 refers to attempt of allotment of 440 flats. It could not materialize. Discussions should be as to what corrective measures were to / should have been taken to address the failure of allotment process i.e. (i) Preparing Membership register and (ii) removal of fake and duplicate memberships by publishing fake members list in news paper and to complete the legal procedure . EC has not taken any action on any of these important issues during last 3 years.
Proposal-2: UPRERA Order under section 8: contents were mentioned but reason is not brought out as why members are not ready to pay money. Society management authenticated 509 new +239 Old( including 69 purported fake) = 748 members sgainst 440 flats. Society has failed to shortlist 440 members . Obviously 748 members will not share the burden since the flats can be allotted to only 440 members. EC has failed to publish list of fake members and finalise allotment criteria for selecting 440 eligible members for allotment of 440 flats.
Conclusion: No decision on authorisation to EC/Secretary was accorded to represent us for any decision in this regard. Members agreed to pay money to RERA appointed committee if demand raised.
Proposal 3:- Members never agreed to consider this option without deciding the list of 440 members first.
Proposal 4:- considering on the option of other institution/debtors/builder firm to pay GDA dues, same as for Proposal 3. Members never agreed to consider other options without deciding the list of 440 members first.
Proposal 5:- Audit report for 2016 to 2020 : It was not shared with members despite request by members. It was promised to e-mail the reports to all members. It is not done till date hence this agenda point remains without any conclusion.
Points raised by members in EGM on 3.7.22 not included:
i).It was suggested to take print outs of member’s details from records and paste it in MS register to complete it. No action is proposed in this regard.
ii). Pursue FIR 0899 Dt 20.6.18: No action is proposed in this regard.
iii). Taking Legal action to get statements of 13 bank accounts: No action is proposed in this regard.
iv). Taking legal action to cancel Rose and Proto agreement and filing FIR against Mr Maloo for creating fraudulent 2016 Proto agreement. No action is proposed in this regard.
v). Publishing Fake members list in News Paper. No action is proposed in this regard.
vi). Finalise allotment criteria: No action is proposed in this regard.
vii). Actual current Address of the Society: Not yet intimated.
viii). All show cause notices issued to members were declared in the EGM to be treated Null and Void: No action is mentioned in this regard.
As MINUTES, PROPOSED/ ISSUED , DO NOT ADDRESS ANY OF THE IMPORTANT POINTS RAISED ON 03.07.2022 IN THE EGM; MOM needs to be corrected by incorporating the facts of proceedings of EGM, failing which such distortion in MOM raises questions why distorted and missing facts in MoM?
It should be specifically mentioned in the MoM that the contents of MOM are discussed in EC meeting and EC has accorded its approval.
It is requested to re-issue MOM on the line of discussions took place in proceedings of EGM on 3.7.2022.
Regards
Sukhveer Singh M. No. 664
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R C Kukreti
Dear President, RVKSASL.
Please refer to your communication/reply to my objections to your issuing wrong MOM of egm on 3rd jul.
With Rera orders under Section 8, RVKSASL is either relevant or not relevant.
If you/RVKSASL are not relevant, why did you invite EGM on 3rd Jul.
You invited EGM means you represent us.
Once EGM is organised you must project /issue correct Minutes. You have issued a distorted MoM and now you are taking alibi of Rera not to modify it. Egm is general, points discussed were general, MoM issued was general and now when contents are protested you tell us to approach RERA.
Please see RVKSASL ,till it resigns/is dissolved by competent authority will be the face for the society.
You are, therefore, once again requested to modify the minutes as per discussions in the EGM.
Thanking you,
Ramesh Chandra Kukreti Membership no. 690
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