The Annual General Meeting (AGM) of the Valley Residents Welfare Society (VRWS) is scheduled for tomorrow on 23.09.2018. All members/residents are requested to attend the meeting for overall welfare of Society at large and for defeating the vested interests.
As we know that the Governing Body of the VRWS was not elected by residents, rather the same was nominated by the DLF Homes Pvt. Ltd., obviously for protecting and promoting the commercial interests of DLF. Residents were not even apprised about the office bearers of the VRWS, what to talk about disclosure other information about its functioning. Therefore, I had been chasing the very basic information about our VRWS, since March, 2017. But at every stage, in collusion with the officials of the Registrar Societies, the very basic information about the functioning our Society was blocked by the DLF nominated functionaries of the VRWS. In the meantime, the AGM was scheduled on 23.09.2018. On my appeal the State Information Commission, also directed the
society to allow inspection of record and provide information. However, the
office bearers of the VRWS malafidely
delayed and blocked the requisite information; with an intention to defeat the
residents’ right to discuss and debate the budget, balance-sheet, accounts
books, audit report of the society, during Annual General Meeting (AGM) of the
Society on 23rd September, 2018. Therefore, ultimately, on 13.09.2018 I had to approach the High Court for directions to the VRWS to disclose information. In the High Court also the Advocate of the VRWS tried to block the information by taking technical pleas. However, on 19.09.2018 the High Court directed the VRWS to disclose complete information. Yesterday evening, I was furnished 1679 pages information after charging photocopy charges. Due to paucity of time; I could not go through the documents, members are at liberty to inspect the documents and reach at conclusions, but below mentioned startling facts are worth consideration.
The VRWS was formed by DLF Homes Panchkula Pvt. Ltd and members of Governing Body, rather then elected by the residents, was nominated by the DLF. Rule 22 made by DLF grants additional right to the DLF Homes Panchkula Pvt. Ltd., which almost gives veto power to the company. Out of the seven members of the Executive Committee, one member shall be a nominee representative of DLF Homes Panchkula Pvt. Ltd. Relevant Rule reads (Which is copied in original for reading):-
All residents/members of DLF Valley should consider changing this problematic and exploitative Rule, because this is the root cause of all problems, because DLF will always look for promotion of its commercial interests at the cost of residents. For example, the DLF with the aid of its nominated VRWS vide decision dated: 13/11/2017,
without informing or taking into confidence entered into agreement with JLL for
providing maintenance services. Further, vide decision dated: 13/11/2017,
MoU between the VRWS and DLF Homes Pvt. was entered into for sharing the
proportion of expenditure between the two. Residents must be provided the copy
of this MoU. I do feel that the electricity expenses of DLF are being diverted
towards the residents. Therefore, the residents should press hard for change in this Rule. There is a process of Rule change which reads:
SPECIAL
RESOLUTION: As per the Section 2(xxiv) of the Societies Act special resolution means
“a resolution passed in meeting of the General Body in which at least 40% of
members entitled to vote are present and resolution is approved by 3/5 of the
members so present and voting”
Further, a provision needs to be incorporated in the Rules/By laws of society to the effect that 'the VRWS is under statutory obligation to provide every information to residents/members in terms of the Right to Information Act." So, that the misuse of office by the members of the Governing Body may be minimized. Like me, every resident/member cant afford to approach High Court for getting inforamtion.
As per the By Laws/Rule 7(a) of the
Valley Residents Welfare Society: ‘The General Body (All members/residents of
Society) shall fix the periodic maintenance charges payable by members in
respect of their Plot/Floor, on the basis of the Plot/Floor area of the
Plot/Floor owned by members.’ Initially,
all members shall be liable to pay Maintenance Charges of Rs. 0.85/Sq.ft/month
of Plot/Floor area. Please see the Rule (Original Photo is pasted)
However, the Executive Committee nominated by DLF has unilaterally increased the CAM charges from Rs. 0.85/Sq.ft/month to 1.09/-, which is illegal. The illegal additional amount needs to be returned to residents.
Some other decisions also may be considered and kept in mind during discussion and debate during AGM:-
- As per the Haryana Society Act, 2012, if the society consists more than 300 members, it is required to be formed as per the Collegium, which provides representation to all residents, like street wise or block wise in management of society. Therefore, the present executive committee nominated by DLF is illegal.
- I have reports and reasons to believe that tomorrow in the AGM, the DLF Homes Pvt. Ltd. may try to nominate (without elections), its own agents in the Governing Body, as a second line of defense for promoting and protecting its commercial interests. Whether nomination is best in the interest of residents or nomination is best? Moreover, the tenure of the present nominated Governing Body is only up to Feb. 2019 and election process has to be started three months earlier to the election. Then, what is the hurry to nominate some persons just for few months?
- The Chartered Accountant appointed by this un-elected and nominated Governing Body needs to be changed as per the choice of residents.
- The copy of agreement between VRWS and JLL (Maintenance Agency) needs to be provided to each resident/members to understand and know the terms and conditions of maintenance services.
- Through decision dated: 13/11/2017, MoU between the VRWS and DLF Homes Pvt. was entered into for sharing the proportion of expenditure between the two. Residents must be provided the copy of this MoU. I do feel that the electricity expenses of DLF are being diverted towards the residents.
- The proxy voting/presentation in the AGM is illegal, which is prone to be misused by the DLF for suppressing the voice of residents.
- The mode calculation of CAM charges for residential and commercial needs to be discussed and debated. It appears that we residents are paying CAM charges even for commercial projects of DLF.
Please come prepared for opposing the unscrupulous elements, who are bent upon to hijack the residents for selfish reasons.
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