25 Dec

Objection Letter Format

Please mention on envelope:
Objection to report of Commission constituted in the Saraswatikunj CHB Society
To be reached before 06.01.2018 by Registered post only

The Chairman, Delhi
Commission, Saraswatikunj Cooperative House Building Society Dated 22.12.2017
C/o , Deputy Registrar, Cooperative Society,
Mini Secretariat , Gurgaon -122001
Respected Sir,
Re— Inclusion of my name having membership no ——– dated ——- in the list of members

This has reference to public notice published In Hindustan Times on 08.12.2017, I humbly furnish my submission to include my name in the list of members (K series ). My name has been excluded on the under mentioned explanation of the Haryana Cooperative Society Act,1984.

Section 40 of the Act
Thus if a person name occurs in the membership Register maintained by a Cooperative Society, it would be proof of his membership and he would be deemed to be member.
Conversely if a person’s name does not appear in the membership Register maintained by the Society, he cannot be considered to be member of the society.
And for a person’s name to appear in the register of members there has to be an approval of the competent authority.
Membership Register of the society could be considered to be genuine members of the society.
And all those whose name does not appear in the register of members cannot be considered as members of the society.
Page 33
In the Management Committee meeting held on 02.04.1995 membership was approved upto serial number 7139.
In the Management Committee meeting held on 07.05.1995 membership was approved up to 8700.
This is the last approval of membership either by the Management Committee or by the General Body of the society that is available in the records.
In this respect, my humble submission is as under :–
1. According to doctrine of Indoor Management, a person entering into a transaction with the society only needed to satisfy that his proposed transaction is not inconsistent with the bye-laws of the society. He is not bound to see the internal irregularities of the society and if there are any internal irregularities then society will be liable as the person has acted in the good faith and he did not know about the internal arrangement of the society.

The rule is based upon obvious reason of convenience in business relations. Firstly, the bye-laws of the society are public documents and they are open to public for inspection. Hence an outsider is presumed to know the constitution of a society, but what may or may not have taken place within the doors that are closed to him.”
Members, for example, need not enquire whether the necessary Management Committee meeting was convened and held properly or whether necessary resolution was passed properly. They are entitled to take it for granted that the society had gone through all these proceedings in a regular manner and it is up to society to rectify their issues at appropriate time.
It gives right to presume that whatsoever is required to be done internally should have been done.
2.Society has given impression and has taken benefits by affirming him that he is a member of the society.
3. Under no provision of law, he is to participate in the procedure for taking him as member.
4. Society never sent him any communication that he is not a member of the society or no body at any point of time communicated all members about any irregularity so far.
5. The AUDIT department of Registrar, Cooperative Society, Haryana had been conducting audit of the society regularly. It never pointed out that desired approval from Managing Committee/General Body Meeting was not obtained. On the other hand, in the PUBLIC Notice of Chairman speech published in Hindustan Times on 26.10.1996 affirms that society had membership of 9200 members as on the date of General Body Meeting dated 06.10.1996.
6. In the audited balance sheet as of 31.03.1996 and onward upto 31.03.2007, the society has shown share capital of Rs 9,20,200 ie affirming membership of 9202 members.
7. In the audited balance sheet of the society,2003-2006 & 2006-2007, audit report confirms membership of 9202 members and my name has been listed as member of the society.
8. My name is mentioned in the voter list of the election conducted by Assistant Registrar, Cooperative Society, Gurgaon on 18.03.2007.
I have been issued share certificate bearing membership no ——– dated ——— which is valid till date.
9. I have made contribution to the society and same is reflected in the pass book issued to me and book of accounts of the society.
10.That I went from pillar to post to get custody of my plot but the dishonest people of Society at that time returned me every time by giving some or the other excuse, thus leaving me fully distressed and harassed.
11.That I was not aware that Haryana Govt. had acquired a huge size of land from the society so if the Govt. is looking into the interest of the Society and its members seriously than this aspect cannot be ignored. The recommendations of the Sharma commission for returning the land to the Society by the Government be considered adhered and followed up rather seriously.

12. Enrolment without resolution can be rectified. According to bye-laws the power to admit a member rests with the general body but a person who is enrolled as a member of a society without there being any resolution of the MC would holds the status of member when there is rectification by the general body. AIR 1961 MP 40.

Madhya Pradesh High Court
Mishrimal vs District Co-Operative Grower’S … on 21 July, 1960
Equivalent citations: AIR 1961 MP 40
Although according to the bye-laws the power of admitting new members is given to the managing committee, we do not think that the general body, which has plenary powers of management of the affairs of the society, is deprived of that power, which is nothing more than in the nature of delegation.

“Para 19”
12. A distinction has to be drawn between j cases where a power is derived by an inferior local authority of a corporation under an enactment or rules framed there under and cases where certain functions of the corporation are entrusted to it under bye-laws or resolutions of the corporation itself. In the former case, the power is vested in the inferior authority directly and the corporation cannot exercise it. In the latter case, the power of the local authority is merely a delegation and the corporation itself is not rendered incapable of exercising that power by the delegation. The question was considered in Huth v. Clarke, (1890) 25 QBD 391. Lord Coleridge, C. J. observed:

“The word ‘delegation’ implies that powers are committed to another person or body which arc as a rule always subject to resumption by the power delegating.”
Wills, J. further observed :
“Delegation, as the word is generally used, does not imply a parting with powers by the person who grants the delegation, but points rather to the conferring of an authority to do things which otherwise that person would have to do himself ….. …. it is never used by legal writers, so far as I am aware, as implying that the delegating person parts with the power in such a manner as to denude himself of his rights.” In that case, certain powers were delegated by the executive committee of a corporation to a sub-committee but were later exercised by the executive committee itself without depriving the sub-committee of those powers. It was held that such exercise of the powers by the executive committee was legal. Similarly, in the present case, the exercise of the powers to admit members by the general body of the co-operative society is valid, even though under the bye-laws that power has been given to the managing committee. Accordingly, we hold that the ratification by the general body lot the admission of the appellant as a member was legal enough to confer on him the status of a member.

Section 25 of the Haryana Cooperative Society Act,1984
12. FINAL AUTHORITY AND ITS MEETINGS
(1) The final authority in a cooperative society shall vest in the general body meeting of members.
(2) general meeting of a cooperative society shall be held once within a period of
six months of close of the financial year .

Prayer
In view of foregoing it is sincerely requested that judgment of Sharma commission which is without hearing the members (totally against the established principle of natural justice) be ignored and irregularities noticed first time be rectified on merits i:e entering the name in the register with signature etc.
Yours sincerely,

Name
Membership no
REPORT :- listed in the series U/T serial no——– page no——-
Address
Mobile no
Email ID
Enc .Copy of
1. share certificate
2.——Pass book
3.——–Letter of allotment/possession

08 Feb

No Registration of (300+) Plots

Sarawatikunj Awaken Members Forum
Members are aware that since inception of society, it was ill-managed, its functioning was opaque, NON_ TRANSPARENT always ignoring Haryana Cooperative Society Act, bye-laws of the society ,accounting system and judgment of Court were not implemented with due respect.
The worthy RCS, Haryana in CWP 6581/2011 had made an affidavit before Hon’ble High Court on 13.02.2012.
Para 5 page 2 “That the allotment of plots to members was made by the Managing Committee as per their own wishes, no seniority or specific criteria was allotted at the time of allotment of plots. During the enquires it was found that no seniority list of members was prepared by the society. The Managing Committee was acting as a property dealer and allotting the plots to their near and dears.”
3. In the petition no.13/2010 to RCS, Chandigarh JUDGMENT dated 12.05.2011 Page 10 last lines and respondent society should prepare seniority list of all eligible members in a transparent manner on the basis of scheme approved by the society with the approval Registrar Cooperative Society.
Thus, society should prepare fresh seniority list of all eligible members including the petitioners who are members of the society and have deposited their contribution towards plot on the basis of a duly approved policy in a transparent manner and all those in whose favor plots have been already registered. The society should publish the number of plots vacant, total land owned and in possession of the society and policy how they will accommodate the members by allotting plots and time frame within which it will be feasible so that members can decide whether to retain their membership, the society should complete all this within 6 months.
Announced in open court. 12.05.2011

MYURDHWAJ COOPERATIVE GROUP, HOUSING SOCIETY LTD. V. THE PRESIDING OFFICER, DELHI COOPERATIVE TRIBUNAL & ORS [1998]RD-SC 329 (14 July 1998)
The Hon’ble Supreme Court observed
“In our opinion, therefore, the most fair and equitable method of drawing up the list of eligible members for allotment of remaining 38 flats of category C could be to draw up the list according to the date of payment of the full call money by the members concerned The society had to lay down a reasonable criterion for finalizing the list of members.”
“Unless and until the principles laid down by the society are found to be arbitrary or irrational or unfair, the Court will not interfere with the same.”

Members should be aware that 300+ plots of various sizes are left over and they should be given to members inconsonance to above sacrosanct judgment.
Unfortunately, some mafia elements in connivance with a section of management committee of the society is planning to execute conveyance deed of plots to their nears & dears.
It is upto members to speak whether law of land should prevail or jungleraj?
Nkbhutani
Member,Managing Committee

20 Jan

No Conveyance Deed of (300+) Plots

The Sub-Registrar,( Tehsildar) Gurgaon
Gurgaon 20.01.2017
Respected Sir,
Re—High Court judgment CWP 21528/2015–Execution of conveyance deed of the plot
Sub—The Saraswatikunj Cooperative House Building Society,Gurgaon

Re—CWP 21528/2015 Hon,ble Punjab & Haryana High Court
We invite your kind attention toward direction of Hon,ble High Court judgment dated 14.12.2016 to look into claim and grievance raised by the petitioner, by passing an appropriate order in accordance with law. It is requested that respondent authorities.

1. State of Haryana through Principal Secretary, Cooperative Department, Chandigarh
2. Registrar,cooperative Societies,27-30 Sahkarita Bhawan,Sector Panchkula-134115
3. Saraswatikunj Cooperative House Building Society,Civil line,Gurgaon Haryana 122001 through its BOA/Management Committee
make compliance of the order.

It is, therefore, requested that unless office of the Registrar, Cooperative Society and Chairman,Saraswatikunj Society Commission,Civil line,Gurgaon permits, no conveyance deed of any plot be executed.

We invite your attention toward Deputy Registrar letter serial no 4152 dated 18.12.2009 requesting you not to make execution of any plot without permission of his office.

Yours sincerely,
1.Mrs Seema Raj IRS
Commissioner of Income Tax,New Delhi
Member, Management Committee
The Saraswatikunj Cooperative House Building Society,Wazirabad Gurgaon
T 5 Atul Grove Marg. Tolstoy Line,New Delhi 110001
Mob-9811950320

2.Birkhe Ram
Ex Joint Secretary,Ministry of Railway,.New Delhi
Member, Management Committee
The Saraswatikunj Cooperative House Building Society,Wazirabad Gurgaon
Mob 8178303598

3.N K Bhutani
Member, Management Committee
The Saraswatikunj Cooperative House Building Society,Wazirabad Gurgaon
Mob 9136368210
28 Friends Apartment Sec 9 Rohini Delhi 110085

Enc– Copy of
1.High Court judgment CWP 21528/2015
2.Deputy Registrar, Cooperative Society letter no 4152 dated 18.12.2009

18 Jan

Saraswati Kunj 2017

The President/Vice President/Secretary/Treasurer, Delhi
The Saraswatikunj Cooperative House Building Society Ltd, 19.01.2017
Civil Line, Gurgaon
Dear Sir,
Re- Compliance of Statutory Obligation as per Haryana Cooperative Society Act

We Invite your kind attention to the compliance of various provision of the Haryana Cooperative Society Act,1984 & amended as there on :–

1. Rectification of audit report—it is learnt that serious irregularities have been pointed in the audit report (In particular 2003-04 to 2006-07) since inception of the society .As per standing instruction of the Registrar, Cooperative Society, they have to be rectified within three months .As some of irregularities are very grave in nature which requires immediate attention, it is ,therefore requested that urgent steps be taken to assuage them.

2. Please provide copy of bye-laws and a list of its members as of 01.01.2017 inconsonance of section 120 of the Act.

3. Please call the meeting of General Body Meeting inconsonance of section 25 of the Act.

4. Balance sheet and other periodical statements.-

(1)
Every co-operative society shall file prescribed returns within a
period of six months of the close of every financial year with the
Registrar, including returns on the following matters, namely:-

(a) annual report of its activities;

(b) audited statement of accounts;

(c) plan for surplus disposal as approved by the general body
of the society;

(d) list of amendments to the bye-laws of the co-operative
society, if any;

(e) declaration regarding date of holding of its general body
meeting and conduct of elections, when due; and

(f) any other information required by the Registrar in
pursuance of any of the provisions of this Act.

You will appreciate all the above listed demands are important in nature and society is under mandatory obligation to make compliance of it.

Yours sincerely,
N K Bhutani
28 Friends Apartment sec 9 Rohini Delhi 110085

31 Dec

Development 2016

Dear Members,

Team Awaken Forum Wishes Everyone A Happy & Clear New Year !

All The SK Problems Are Now Clear.
All The SK Solutions Are Still Hiding.

Be With Your Family First, Enjoy !

Awaken Forum

Primary Mode of Communication : www.saraswatikunjawakenforum.com with One Canara Bank Saraswatikunj Awaken Forum Trust Account, Where Members with HOPE have contributed voluntarily.

Secondary Mode of Communication : WhatsApp Groups in the name of S Kunj Awaken 1,2,3,4 with Only 1 Group Admin – Mr. Bhutani Total No. of Groups – 4.

NOW, we clearly know who are serious and and who are pretending to be serious. Therefore, we only monitor “flow of thoughts” on our 4 groups with maximum limit of of 256 members in each group.

NOBODY SHOULD EVER UNDERESTIMATE POWER OF COMMON MAN OR THINK OF HIMSELF/HERSELF AS ABOVE LAW.

Awaken Movement found 400+ common man who contributed to common goal sheer out of faith.
Hope their HOPE finds Way !!

Regards
Team Awaken

26 Dec

Current Status 2016

Saraswatikunj Awaken Forum

Farewell to 2016
Welcome to 2017

We are celebrating the departure of 2016 & welcome to the New Year on 31st December, 2016 at
11.00 A.M.

Venue:-
Gymkhana Club, Sector-29, Gurgaon

It is near to Huda City Centre Metro Station,
Please turn left from National Highway exit point 7, Hotel Crown Plaza.

All peace loving members are welcome.

Mrs. Seema Raj, IRS & member of Managing Committee of our Society and Dr. Udit Raj, Hon’ble Member of Parliament have agreed to grace the occasion.

Birkhe Ram &
N.K. Bhutani Members of the Managing Committee

B M Bhatia

Balraj Vachher

Rajinder Sharma

Neelam Oberoi

Purnima Sardhana

Major General Ranjan

Tondon, CA

Sanjay Mittal

Harjeet Hoon

Current status depicted through following picture !!

21 Dec

MC Dispute Alert

Date: 20th December, 2016
To,
The Asstt. Registrar of Co-operative Societies,
John Hall, Civil Lines,
Gurugram (Haryana)-122001.

Subject: Allegation of harassment/misbehavior-reg.

This has reference to your office letter nos. 6817-23 dated 21.11.2016 addressed to all seven members of The Saraswati Kunj Co-operative House Building Society, Gurugram, alleging harassment by Dr. Udit Raj, Member of Parliament, Lok Sabha by four of the members of the Managing Committee, namely, Smt. Meena Sood, Sh. Sudhir Yadav, Sh. U.D. Kaushik & Sh. Rajpal Madan. A complaint against the Hon’ble Member of Parliament dated 22.09.2016, signed by these four persons is enclosed with your letter.

2. In the first instance, we would like to inform that letters being sent to us by various authorities at the Society’s address are not being forwarded to us by the Society. We came to know about this letter also through Sh. Birkhe Ram, who had visited the Society office recently. As such we were totally unaware of the meeting called by the Asstt. Registrar on 25.11.2016 and could not attend on that date.

3. As regards the contents of the complaint dated 22.09.2016 against the Hon’ble Member of Parliament, it is not clear from the complaint as to how the four petitions filed in the office of the Registrar of Co-operative Societies, Haryana, have been any nexus with him. They have been filed by members of the Society who are probably not even known to him and have never even met him. The election petitions are based on facts and evidences which are part of record and all members of the Society are hopeful that they will be decided in a just manner on merits.

4. It is a fact that Smt. Seema Raj, IRS (Commissioner of Income-tax), wife of Dr. Udit Raj, is a member of The Saraswati Kunj Co-operative House Building Society, Gurugram. When Dr. Udit Raj was elected to the Lok Sabha as Member of Parliament from North-West Delhi, he was repeatedly approached by Mrs. Meena Sood and her colleagues ostensibly to resolve the vexed and long pending dispute plaguing the Society. Towards this end and for the larger good of all Society members (who have been suffering for years, if not decades), he spoke to and wrote letters to various authorities, including the Hon’ble Chief Minister of Haryana to look into the genuine grievances of the Society members. At that point of time he did not know about the dubious background of Smt. Meena Sood who had been involved in tampering of Society records and embezzlement of its funds during her earlier tenure as Treasurer (between 2007 to 2010). Many complaints are still pending against her before various authorities. His only intention was to help out the long suffering Society members and in the course of his duties as a representative of the people, he listened to the grievances of not only Smt. Meena Sood but other Society members who approached him. He even went to the extent of arranging their meeting(s) with the Hon’ble Chief Minister of Haryana and accompanying them to such meeting(s). It was because of the keen and sincere interest taken by Dr. Udit Raj that the S.P. Sharma Commission was set up by the Government of Haryana to look into the genuineness of claims of membership, the amounts deposited by the members, their seniority, etc. It is learnt that the four complainants are not very happy about the S.P. Sharma Commission having been set up and are not cooperating with it as they feel that the Commission is going about in a systematic manner to decide the seniority of members of the Society and this is precisely what these four people do not want because they want to allot the plots in an arbitrary manner and make undue profits by misuse of their position as members of the Managing Committee.

5. The register maintained by the security personnel at the official residence of Dr. Udit Raj will bear out the fact that Smt. Meena Sood visited his office cum residence time and again during the last couple of years. In fact she and her colleagues deceitfully projected his wife Smt. Seema Raj as candidate for chairperson of the Society so as to get the confidence and votes of the Society members who voted under the impression that Smt. Seema Raj would be chairperson. But once these four persons were elected, they betrayed the trust of thousands of Society members and at the first meeting of the members of the newly elected Managing Committee, elected Sh. R.P. Madan as President/Chairman of the Society.
Be that as it may, the other three members, namely, Sh. Birkhe Ram, Smt. Seema Raj & Sh. N.K. Bhutani have been trying their level best to honestly discharge their duties as members of the Managing Committee but they meet with various hindrances like important letters not being forwarded to them, access to Society records not being provided to them, details of Society’s assets, bank accounts and expenditure not being provided to them and various decisions being taken without their knowledge and approval (for instance, asking the Society manager Sh. Ved Prakash Yadav to resign and incurring expenditure of approximately Rs.30 lacs between July and November 2016).

6. If Smt. Meena Sood had actually felt harassed by Dr. Udit Raj, it is not clear why she kept visiting his residence over a long period of two years alongwith her colleagues and why she and her colleagues projected his wife as the future President of the Society at the time of elections in June, 2016. It seems that once her reality was exposed before Dr. Udit Raj and Mrs. Seema Raj, she realized that she would not succeed in her designs to loot the Society’s assets and give away plots arbitrarily and therefore elected Sh. R.P. Madan as President.

7. The complaint is dated 22.09.2016 and as recently as on the occasion of Deepawali (which fell on 30.10.2016) this year, Smt. Meena Sood telephoned Dr. Udit Raj to greet him on the occasion. She also sent whatsapp messages wishing a happy Deepawali to Dr. Udit Raj and his wife. All this is a matter of record and can be verified. Similarly, Sh. Sudhir Yadav telephoned Dr. Udit Raj and Smt. Seema Raj to inform them about a death in his family. If they were really aggrieved and harassed by him, why did they keep contacting Dr. Udit Raj? The aforesaid itself proves that there is no substance in the complaint against the Hon’ble Member of Parliament. Rather, as already discussed above, Sh. R.P. Madan, Sh. U.D. Kaushik, Sh. Sudhir Yadav and Smt. Meena Sood are misusing their majority in the seven member Managing Committee of the Society and working in the most non-transparent and undemocratic manner. In fact, one of the other members of the Managing Committee, Sh. N.K. Bhutani has been threatened with dire consequences in case he sets foot in Gurugram and he has lodged a complaint with the police in this connection.

8. Last but not least, all the above four members of the Managing Committee are facing serious charges against them and the Registrar of Cooperative Societies is enquiring against them.

9. The above would make it clear that the complaint against Hon’ble Dr. Udit Raj, Member of Parliament is totally baseless and a desperate attempt on the part of Sh. R.P. Madan, Sh. U.D. Kaushik, Sh. Sudhir Yadav and Smt. Meena Sood to divert the attention of the authorities from their misdoings.

(SEEMA RAJ)

(N.K. BHUTANI)

(BIRKHE RAM)

Members, Managing Committee
The Saraswati Kunj Co-operative
HBS Limited, Wazirabad,
Gurugram, Haryana
Copy to:-
1. Police Commissioner, Railway Road, Civil Lines, Near Nehru Stadium, Gurugram, Haryana 122001. cp.ggn@hry.nic.in
2. Registrar of Cooperative Societies, Haryana, Panchkula.
3. Deputy Registrar of Cooperative Societies, Gurugram.
4. SHO Police Station, C- Block, Opp Vyapar Kendra, Sushant Lok Phase 1, Gurugram, Haryana-122002. shosushantlok-hry@nic.in
5. Sh. S.P. Sharma, IAS (Retd.), Chairperson, Commission for The Saraswati Kunj Co-operative, HBS Limited, District Child Welfare Office Complex, In front of Police Commissioner’s residence, Civil Lines, Gurgaon-122001.
Email ID- savyam@gmail.com

19 Dec

Latest MC Update

From : Mrs Seema Raj IRS letter to President of the Society
To,
The President,
The Saraswati Kunj Cooperative House Building Society,
Wazirabad, Gurgaon, Haryana.

Subject: – Agenda for the meeting of the Managing Committee to be held on 12.12.2016 at 11.30 AM
Please refer to your office letter number 864-871 dated 24.11.2016 on the above subject, informing about the meeting of the Managing Committee of the society and listing the agenda items for the said meeting.
2. The last meeting of the Managing Committee was held on 24.08.2016 and till date, the minutes of this meeting have not been circulated to the members of the Managing Committee for their approval, despite a reminder letter to this effect written by me to you on 3.10.2016. Even in the agenda items proposed for discussion in today’s meeting, there is no such agenda as ‘confirmation of the minutes of the last meeting of the Managing Committee, ‘ which should have been the case. It is not known whether the minutes of the last meeting of the Managing Committee dated 24.08.2016 have been finalized or not. The members of the Managing Committee have also not been apprised whether the decisions taken at the earlier two meetings dated 29.07.2016 and 24.08.2016 of the Managing Committee have been implemented or not.
3. Once again, the agenda to be discussed at the meeting today has been decided without consulting all the members of the Managing Committee, despite the fact that Mr. Birkhe Ram, Mr. NK Bhutani and I, in our capacity as members of the Managing Committee have been protesting at each and every meeting that the agenda for a meeting of the MC be finalized in consultation with all the members of the Managing Committee, for the sake of democratic functioning of the Committee as well as the Society.
4. Further, as in the case of intimations of earlier Management Committee meetings, the Secretary of the Society has merely forwarded the agenda items, without any explanatory notes/justifications or any supporting evidences wherever required. Such explanatory notes are mandatorily required to be sent at least 15 days before a meeting of the MC to enable the members of the Managing Committee to ponder over the same and to give balanced comments. This failure time and again to forward the explanatory notes and other supporting documents, along with the agenda items, for the Managing Committee meetings is alone reason enough to defer the meeting to some other date and to hold it only when all the necessary details have been provided to the members of the MC well in advance.
5. Without prejudice to the above, my comments on the agenda items proposed for today’s meeting are as follows:-
Agenda item number 1: To appoint Manager for the Society
The decision to ask the earlier Manager Shri Ved Prakash Yadav of the Society to resign was never taken in any Managing Committee meeting and neither were we informed about the reasons and circumstances behind his resignation. In fact, it had been decided in an earlier meeting of the Managing Committee that Shri Ved Prakash Yadav was functioning quite satisfactorily and be allowed to continue as Manager. Till date, it is not known who asked him to resign and for what reasons. Before the Managing Committee considers appointment of a new manager for the Society, they need to be apprised about the same.
Agenda item number 2: To appoint PS to Hon’ble Commission of the Society &
Agenda item number 6: To appoint computer operator cum typist for Commission office
In regard to providing PS and other staff to the Hon’ble Commission for the Society, you may refer to my comments at page 3 of my letter dated 23.08.2016 on agenda item number 1 for the meeting to be held on 24.08.2016, wherein I have stated as follows: As regards the first agenda item proposed vide the Society’s letter number 765 dated 06.08.2016 i.e., staff for society and commission, this has already been discussed in the earlier meeting dated 29.07.2016 vide agenda items 3 & 4 of that meeting and no further discussion is required. Hence this agenda item may be dropped from the forthcoming meeting on 24.08.2016.
The aforesaid is indicative of the fact that time and again, the same items are being taken up for discussion in one Managing Committee meeting after another, without implementing any decision taken at Managing Committee meetings. It is reiterated that the Hon’ble Commission constituted for the Saraswati Kunj Society by the Hon’ble Chief Minister of Haryana may be provided all the necessary staff and support required by them, to enable them to function smoothly and effectively.
Agenda item numbers 3: To appoint Patwari
This issue has also been discussed more than 4 months back at the meeting of the Managing Committee held on 29.07.2016 and no intimation of the implementation of the decision taken at the meeting has been given to the members of the Managing Committee. Since no explanatory notes are annexed with the agenda for today’s meeting, it is not clear why the decision taken as far back as on 29.07.2016 has still not been implemented and needs to be taken up again
Agenda item number 4: To appoint accountant &
Agenda item number 5: To appoint clerk &
Agenda item number 8: To terminate contract of Zee Enterprises for the office staff after finalizing their dues up to 30.09.2016
In the earlier Managing Committee meetings of the Society, all the Managing Committee members expressed their satisfaction with and appreciation for the functioning of the staff of the Society and it was decided that the staff be allowed to continue. It is not known what has transpired to necessitate the inclusion of these agenda items for discussion in today’s meeting, as no explanatory notes are annexed with the agenda items.
Agenda item number 7: To discuss the issue for creating a website for Society
It is regrettable that this issue was also discussed in the Managing Committee meeting of the Society which took place on 24.08.2016 but even after a lapse of almost 4 months, neither the minutes of the meeting have been forwarded to the members of the Managing Committee for their approval nor does the decision appear to have been implemented. In my various letters to the President of the Society, I have time and again emphasised the need to create a website of the Society for the sake of maintaining transparency regarding its working. I have also been proposing that this website of the society should inter alia give information about the various assets of the society, including land, the bank account(s) of the society with the balances therein, the expenditure incurred every month (with the justification for such expenditure) and the balance as on date in each bank account. This proposal also does not seem to have been taken seriously till now. It is once again requested that necessary steps in the direction be taken with utmost urgency.
Agenda item number 9: To discuss and approve the expenses incurred by the Society till 30.11.2016
In this context, your attention is drawn to my letter dated 03.10.2016 written to the Treasurer of the Society with copy endorsed to you, as per which, I had asked for details of the bank accounts of the Society, the balance in each bank account, the item wise as well as the total expenditure incurred every month, along with withdrawal from the bank(s) every month. I had also made the Treasurer aware of the directions issued by the Registrar of Cooperative Societies, Haryana conveyed to the Manager of our Society vide memo number 3721 dated 27.07.2016, as per which the elected members of the Managing Committee have been restrained form taking any material decision except day to day functioning of the Society. It was therefore requested by me that every expenditure and withdrawal from the bank account(s) must be in conformity with the aforementioned directions of the Registrar of Cooperative Societies, Haryana. I have not received any response to this letter till date. Once again, it is reiterated that the expenditure to be incurred by the Society must be approved by all members of the Managing Committee in advance and details of the expenditure incurred and withdrawals from bank account(s) of the Society for every month be posted on the Society’s website for the information, not just of Managing Committee, but also of all members of the Society.
6. Due to some urgent work, I will not be able to attend the meeting of the Managing Committee to be held today. I may be granted leave of absence, but my above comments may be taken into consideration while taking decisions on the various agenda items. It may also be recalled that right from the beginning, I and another member of the Managing Committee, Shri N K Bhutani have been asking for inclusion of the following agenda for discussion at the MC meeting ‘calling the meeting of the General Body of the Society as early as possible.’ However, this proposal does not appear to have been considered seriously so far. The law requires the calling of the General Body meeting at least once in a year. Therefore this suggestion may be given more serious thought than has been done so far.

Date: 12th December 2016 (Mrs. Seema Raj)
Member, Managing Committee
T22, Atul Grove Road, Connaught Place,
New Delhi 01
M – 9811950320, 9013851850
Email: seema6raj@yahoo.co.in
Copy to:
1. Registrar of Cooperative Societies, Haryana
2. Deputy Registrar of Cooperative Societies, Gurgaon
3. Assistant Registrar of Cooperative Societies, Gurgaon
4. Shri S P Sharma, IAS (Retd.) Chairman, Saraswati Kunj Commission

01 Sep

Removal of Manager

Date: 1st September, 2016
To,
The Registrar of Co-operative Societies,
Haryana,
SCO 27 – 30, Sahkarita Bhawan,
Sector-2, Panchkula- 134151.

Subject: Handing over charge of records of The Saraswati Kunj Co-operative House Building Society, Wazirabad, Gurgaon consequent upon resignation of its Manager, Sh. V.P. Yadav – reg.
Reference is invited to my letter dated 30th August, 2016 regarding resignation of Sh. Ved Prakash Yadav, Manager, The Saraswati Kunj Co-operative House Building Society, Wazirabad, Gurgaon and the need to pass orders by your good office for somebody to take charge of the sensitive records of the Society.
2. In this context, I am enclosing letter no. 792 dated 30.08.2016 written by the Chairman of the Society, asking Sh. V.P. Yadav to resign, inter-alia for the following reasons:-
a) The Chairman of the Society has asked for Mr. Yadav’s resignation for the reason that he had been providing access to the records of the Society to Sh. P.K. Goyal, Chartered Accountant, who is assisting the S.P. Sharma Commission, appointed by the Government of Haryana, in identifying the genuine and bonafide members of the Society. This tantamounts to defiance of the orders of the Government of Haryana and creating impediment in the work of the Government appointed Commission chaired by Sh. S.P. Sharma (Retd.).
b) The Chairman has also alleged that Sh. V.P. Yadav, Manager, is not handing over the records of the Society to Smt. Meena Sood despite repeated instructions of the Chairman to that effect. Once again, these instructions are in defiance of your office order conveyed to the Society vide memo no. 3721 dated 27.07.2016 as follows:-
“Regarding the above subject, it is informed that election petitions nos. 37, 38, 39, 40 & 41 of 2016 u/s 102 of The Haryana Cooperative Societies Act, 1984 filed in the Hon’ble Court of Registrar Cooperative Societies, Haryana, Panchkula and during the hearing of these petitions, Hon’ble Court passed the orders, in which the elected members of the managing committee have been restrained from taking any material decision (specially membership & deposits) except day to day functioning of the society. Original record pertaining to the membership and deposits should not be handed over to the elected managing committee till the disposal of these present petitions. Therefore, you are directed to inform all the managing committee members and ensure strict compliance of the above orders.” (Emphasis provided)
Contd…pg-2/-
: 2 :
3. I have also mentioned in my letter dated 30.08.2016 that Sh. V.P. Yadav was asked to resign by the Chairman and certain other members including Mrs. Meena Sood, without any discussion/consultation whatsoever with the other members of the Managing Committee, including myself and Mr. N.K. Bhutani. It is to be noted that in addition to petitions nos. 37, 38, 39, 40 & 41 of 2016 u/s 102 of The Haryana Cooperative Societies Act, 1984 (mentioned supra), a plethora of complaints is pending against the four members of the Managing Committee of The Saraswati Kunj Co-operative House Building Society, Wazirabad, Gurgaon, and specially against Smt. Meena Sood, who held the charge of Treasurer of the Society earlier as well (between 2007 and 2010), when there were serious allegations of tampering of records and embezzlement of funds against her. It is, therefore, apparent that the real purpose behind demanding Mr. V.P. Yadav’s resignation without consultation/discussion with the entire Managing Committee (last meeting of the Committee was held as recently as on 24.08.2016) is for these four accused members of the Managing Committee, namely Smt. Meena Sood, Sh. U.D. Kaushik, Sh. Sudhir Yadav and Sh. R.P. Madan to obtain access to the records of the Society so as to be able to tamper with them to their advantage and thus defeat the purpose of all the enquiries being carried out by your office and by the S.P. Sharma Commission as well as by other authorities, including the police.
4. There is also an apprehension that in case records of the Society are ordered by your office to be handed over to an official in the office of the DRCS/ARCS, Gurgaon, the custody of the records may not be totally safe/foolproof. This is because it has come to notice that despite a number of complaints pending against Smt. Meena Sood, etc., for inordinately long time, not only did the ARCS, Gurgaon, not take any action on the same but allowed them to contest the elections to the Managing Committee of the Society in June, 2016. Accordingly, it is requested that charge of the records of the Society be given to an official of proven integrity posted in your office in Chandigarh, in the same manner as you were good enough to order for the petitions nos. 37, 38, 39, 40 & 41 to be looked into by an officer in your Headquarters. In the alternative, Sh. V.P. Yadav may be directed to continue as the custodian of the records of the Society.
5. It is reiterated that the arrangements being requested for as per para 4 above are imperative for fair enquiry and investigation into the complaints/allegations against Smt. Meena Sood, etc. as well as for unbiased decisions of the petitions nos. 37, 38, 39, 40 & 41 mentioned above and also to enable the S.P. Sharma Commission to function and deliver effectively. These decisions in turn will decide the fate of thousands of members of the Society who, despite having invested their hard earned money for a plot in the Society, have been left in the lurch for almost three decades now.
Contd…pg-3/-
: 3 :
6. Thanking you in anticipation.
Encls:-
1) Letter no. 792 dated 30.08.2016 written by
Chairman of the Society asking for
Sh. V.P. Yadav’s resignation.

2) My earlier letter dated 30.08.2016 written to
you on this subject.
(SEEMA RAJ)
Member, Managing Committee
The Saraswati Kunj Co-operative
HBS Limited, Wazirabad,
Gurgaon, Haryana
Home Address:-
T-22, Atul Grove Road,
Connaught Place, New Delhi-1
M-9811950320, 9013851850
Email: seema6raj@yahoo.co.in

18 Jul

Extract of Audit Report 1983–2012

Extract of Audit Report
Page 1 Preface 3rd para
The complete methodology for preparation of accounts and audit has been explained in Chapter 1 under the head” Scope And Methodology.” However due to incomplete/altered/forged records and non-cooperative behavior of the Society ,limitations/disclaimer have also been mentioned.”
INDEPENDENT AUDITOR ‘S REPORT
Page 6 OPINION
1 In our opinion and to the best of our information and according to the explanations given to us, available financial statements DO NOT give the information required by the Punjab Cooperative Societies Act and Haryana Cooperative Societies Acts far as applicable in the manner so required and DO NOT give a true and fair view in conformity with the accounting principles generally accepted in India
2a) We have not been provided all the information and explanations, which to the best of our knowledge and belief were necessary for the purpose of our audit.
b) In our opinion, proper books of account as required by law ,have not been kept by the Society so far as appears from our examination of the books;
c)We have prepared the Registers/Personal Registers along with relevant lists by compiling the data from incomplete /manipulated records provided by the Society. But we are of the strong opinion that the said Register/Personal Registers are NOT free from material defects;
d) The Society,s Balance Sheets dealt by this report are NOT in agreement with the books of account;
In our opinion and as per our knowledge and belief,it is a case of fraud and is a subject matter of investigation.
Page 13
1. The society was incorporated with the intention to defraud the general public.. Such type of situations can only be tackled by criminal investigation and not by audit.
Page 14
5.There were a number of alterations,additions,over-writings,insertions,etc.in all the records made available for audit.Though we raised objections after prime-face examination of these alternations,additions,cuttings,over-writing,insertions,etc. but as we are not handwriting experts,it is suggested that all such insertions may be got examined from General Examiner of Questioned Documents to fix the responsibility legaaly.

EXECUTIVE SUMMARY ——– Critical Observations
4. Balances of applicants(members) were confirmed by the auditor(in his report for the year2003-2006) in the absence of any supporting records.Multiple credits were allowed for single cheque to different members of a single family. Double entries for deposits were found in Personal Ledgers.
20. Cash entries (through an exclusive Receipt Book) in the names of the MC members in their respective Personal Ledgers were inserted subsequently. Crores of rupees were shown to have been received from the applicants(members) in cash whereas cash deposited collectively in all the banks was in lakhs only.

21. There are a large number of court cases going on in various courts of law. There are contempt proceedings against the MC members as well as the higher officers of the cooperative Department All these cases are the result of non-allotment and multiple allotment/registration of plots due to the lust of MC members for un-ending membership of the society .The MC members are directly responsible for this state of affairs and the entire amount spent by the society on such type of litigations should be recovered from the concerned MC members.

CHAPTER 4—BOOKS OF ACCOUNTS
The management altered/re-wrote /manipulated the Books of Accounts to perpetrate the FRAUD.A consolidated Ledger for period 1983-1990 has been provided along with another ledger pertaining to 1989-1990. Cash Book and Ledger for the period 1984-85 was provided to
Mislead the auditors since it does not belong to the Society. The Society did not maintain complete and proper books of accounts. The books of accounts provided for audit did not contain all the transactions. There were lot of cuttings, alterations and insertions. These books were not totalized ,balanced and closed. The Opening /Closing balances were also not reflected. No trial balance was available for any period .Posting of wrong amounts/and or posting under wrong heads of account were rampant .It appears that these books were altered, amended ,even re-written and misplaced by then management to evade the audit trail. Blank spaces were left in the Cash Books and Day Books intentionally to facilitate at a later stage.

CHAPTER 7——–MEMBERSHIP

Due to incomplete and manipulated records provided for audit,we have considered every person(pretending to be a member) as an applicant.

CHAPTER 9—-DEPOSITS

1. Personal ledgers are also maintained in fraudulent manner up to M NO 9400.
2. —-
3. The details of Deposits by applicants ,in whose favor Plots were registered, have been attached in the format of Annexure C as per instructions RCS.
4. 1. Applicants ‘s Serial number wise deposit details in Personal Ledger have been attached.
Annexure9-1
2.serial wise Deposits details as per Receipts provided have also been attached.
Anneure 9-2
3.Serial wise Deposits detail as per Cash Books provided have also been attached
Anneure 9-3
4 Serial wise Deposits detail as per Day Books provided have also been attached.
Annexure 9-4

CHAPTER 12—BANK ACCOUNT

1.The society did not maintain the proper records of Bank Statements and reconciliation thereof.
5. In most of the bank statements , instrument numbers of the cheques/DDs deposited /issued dis-honoured were not available ,there by making it impossible to relate the same with the financial books maintained by the society. These entries are being reflected in year-wise bank reconciliation.
9. On reconciliation of Bank Statements with the ledgers of Bank Statements, vast variations were observed which have been mentioned.

CHAPTER 15—CASH IN HAND
2. While checking of Cash Book, we observed that there were numerous alterations, cuttings, and over writings which have been done to manipulate them in the favour of unscrupulous members.

nk bhutani 9136368210