Monday, April 13, 2009

Civil Suit against the Society

Dear Fellow Members

  

Greetings to all of you on the occasion of Baisakhi

 

Mr. Amarjit Singh in his letter dated 9th March, 2009 has invited members to give their voice and thoughts on e-mails/through letters. I am certain that this shall be welcomed by one and all.

 

All members are aware that we have certain critical decisions to make and it is imperative that those decisions are made by us collectively rather than by selected few especially keeping in view that these nominated few do not have a mandate at all to take those decisions.

 

The foremost is the decision with respect to the Plot of 3052 Sq. mtrs. which was  allotted to us in Omega Sector. Though I have dealt with the subject in one of my previous mails, the subject is so important that it needs to be discussed at length in an Annual General Meeting of which proper notice is given to the members and decision taken by 3/4th majority if not unanimously. I do have my views on it and invite other members to circulate views through e-mail such that all of us could benefit.

 

I have marked a copy of this mail to the secretary as well and call upon him to convene the Annual General Meeting of the society at an early date. The last AGM was held in February, 2008 and it is over 13 months that all members met together and exchanged their views.

 

Another, important area which affects all of us is the completion of the units. Mr. Amarjit Singh has indicated that 70 members are in the process of construction. I perceive that of these 70 a sizeable number of units are those where construction is held up for a variety of reasons. It will be essential to discuss the reasons as to why the construction is held up. We can do so at the annual General Meeting.

 

Mr. Amarjit Singh has also touched on the subject of dues from some of our members.  As a matter of fact in a recent telephonic conversation that we had he sought my help in recovering the dues from the members. I appreciate his concern thereon. During the conversation, he mentioned that one of the contractors has initiated legal action against the Society by preferring a civil suit.

 

This is very alarming. In my perception this should have been shared with the members at the first instance itself. We are not aware as to the amount for which the suit has been filed and what is the current status of the suit? Why I consider it alarming is because:

 

1.     if the units are being constructed by the members why should the contractor prefer a suit on the Society?

2.     Was it not the duty of the Society and in particular the Secretary of the Society to inform the members of the filing of the suit and keep them updated of the status thereof?

3.     If the contractor has filed the suit, was the secretary not duty bound to let the members have access to the copy of petition?

4.     If the suit has been filed against the society, does it mean that there was a contract entered into between the Contractor and the society?

5.     If there was a contract between the society and the contractor, was it approved at a committee meeting of the Society?

6.     If it was approved at a committee meeting, who were the committee members who attended the said committee meeting and voted for passing of the resolution?

7.     If there was a contract entered into with the contractor, were certain payments made by the Society to the contractor from the common pool of the members?

8.     If the contract was between the selected members and the contractor, was the Secretary or the past president within his rights to effect the payments from the common pool of the members?

9.     If the payments were indeed made to the contractor, is it not important for us to know as to who signed the cheques through which the payments were so made?

10.  If payments were indeed made to the contractor from the common pool, is it not within the rights of the members at an AGM to fix accountability of those members who signed the cheques?

 

I am sure there would be many more questions that the members will come up with and I would request the secretary to convene the AGM such that this issue is discussed at length.

 

In the meanwhile, I request the members to forward their views on e-mail and keep this issue alive for discussions at the AGM.

 

Regards

 

 

Sandeep Khurana