Re: DCW - a draft for general awareness for DCWians before elections
DEEPAK AGARWAL
Though I try my best not to reply to mails written to break the unity of residents at large by distorting statements and facts but since this mail has bought in legal angle as well,I need to reply to this on sime points on behalf of the board and on some points personally.
First let me clarify the legal issues:-
1 WBAOA in its last amendment,has given authority to extend the tenure if passed in the GB meeting.
Extension of tenure of the present committee has been decided upon in the GB meeting and hence is completely legal.
Yes,intimating the same to the Competent authority got missed but under no circumstances it can b termed as illegal.
2.Audited accounts of DCWAOA till fy 20-21 is duly submitted to the concerned department and our finance department has all the records available.
For further clarification,one can contact our treasurer Mr Navin Kumar and verify the records.
Residents have been provided with audited accounts every year and has been discussed at length every year.
Perhaps the authority replying to the RTI querry missed recording the submitted accounts and need to rectify their own mistake.we too shall take up with them on this.
Intimation of election to the competent authority is not mentioned in the act and hence is not required.
This takes care of all the legal angles raised.
Personally speaking,I had definately said that if residents at large do not want me/us to b in the board again still if we stand,we will b termed shameless.However does only a group of less than 5% of the residents decide who will stand and who will not.
Then why are elections there for and not selections.
Elections itself shall decide the dictum of the residents.
Let me b very clear and specific in.my message
I have loved this society just as i love my own house and treat all residents as my family members.
We have served the society with passion for so long and would love to keep doing so till our heart and mind and body works.
Wether we have worked selflessly or not is for the residents to decide and no one needs to teach the residents on what is wrong and what is right.All are aware/smart and educated enough to differentiate between good/better.
Am sure there will b a flurry of mails coming in till 9th Jan 2022 to try and teach us but it is a wasted effort.
I jave so much to right as my emotions run high on occasions,being human but will cut this short here.
Apologies for this long mail but sometimes replying becomes necessary.
Will let the matter to rest here.
Regards
Deepak Agarwal
Dear Friends and Seniors, Inspite of my best of efforts to not reply to the mails of atleast some (whom in my service to the society since last 12 years) has found to be of vested interests,i am forced to reply to this one as this requires clarification on some points to the residents at large. 1.WBAOA ACT has allowed extension of the tenure subject to the GB decision in the last amendment done by them. Extention of the tenure of the present committee was decided in the GB meeting and therfore as the ACT says is completely legal. Yes any written official communication to the dept was missed but it cannit b termed as infringement of any laws of the act. 2. Audited annual accounts till 20-21 fy has been submitted to the competent authority and our finance department has all the receipts.One can contact our treasurer Mr Navin Kumar for further clarification on the same. Looks like the department missed this while replying to the RTI querry(If the reply has come from the legitimate source). 3.Intimation of election to the competentvauthority From: Rajesh Khandelwal <dreamerraje...@gmail.com> Sent: Sun, 19 Dec 2021 10:34:29 GMT+0530 To: dcw-positive-thinkers <dcw-positi...@googlegroups.com>, DCWAoA <dcw...@googlegroups.com>, dcwkolkata <dcwko...@googlegroups.com>, dcw-behala <dcw-b...@googlegroups.com>, dcwhe...@gmail.com Subject: DCW - a draft for general awareness for DCWians before elections
Dear DCW residents,
I would first like to thank all those new residents/ nominees who have shown courage to file nominations for the upcoming elections to be held on 9th January,2022 and thereby successfully broken the myth spread by some of the declared self styled custodians of DCW from the present committee members that since nobody takes interest and participation in managing the administrative affairs here, so it is but natural for them to carry on the burden of remaining in the committee . But , the residents at large have expressed their desire by adopting the resolution at SGM held on 31.10.2021, which was wrongfully and illegally declared adjourned by the Board and again on 7.11.2021 at the adjourned meeting that the existing committee members must follow a cooling off period of one tenure and will not be allowed to contest the election and thus allow the new incumbents to run the administrative affairs . One of the committee members , Mr Deepak Agarwal even said that one will be SHAMELESS if he/she stands in the election against the general wishes of the residents.
Before , I write that how the Apartment Ownership Act is brazenly misused by the present committee and why a cooling off is a must , I hereby post the letter dated 16.6.2021 which I wrote to the Housing department and sought information under Right to information Act to ascertain that Whether the present committee is running the affairs of DCW by adhering to the rules themselves provided in the Act or are simply using the powers given to them under this Act for the residents only and harassing them in one way or the other. And to my astonishment and apprehension, when I received the reply from the department, which I am also posting here, I found that they are not following any rules and regulations but also committing a fraud by remaining illegally in the office by force without having permission and knowledge of the Competent Authority and Housing Department . Please see by yourself that how brazenly they are breaking the rules and running the affairs at DCW in the most unprofessional way thereby depriving us of our basic rights and even after that they have the audacity to seek re- election ignoring the general consensus of the residents of adhering to the cooling off one tenure only. This is when we have one highly qualified lawyer in the board and was seen in the meeting stating that the resolution of cooling off of one tenure cannot be adopted . He along with the vested interest committee members has tried illegally in scuttling the passing off the resolution of cooling off of one tenure for the existing members and debarring them for re-election where as it has been clearly stated in the Act in chapter 2, point no 7(a) that every decision shall be taken in the form of resolution and the decision of the general meeting shall be binding on the Board and all the members of the Association.
If any of the aggrieved member of the board was not satisfied with the decision of the general residents than he/she could have challenged the decision in court but no one has the power in the board to cancel this resolution of the residents and this resolution is as valid as law itself till it is termed unlawful by the court. It is as simple as that.
I call upon the residents that this election is to be fought on the single agenda of why the existing members will not accept the cooling off clause of one term despite having run the Association in the most unprofessional way. What is the secret they are trying to hide if they remain out of power? Why they are acting in such a stubborn nature which is raising suspicion among the residents? After all this is non – profit voluntary service and not a single penny is given as salary. Do they consider the new ones as less capable than themselves?
I know that there are some good persons in the committee and they must understand that cooling off is a must in a large complex as ours. This is necessary for self checks and balances. If any wrong has been done by old ones, the new team can Identify it and the new ones will also be in check that they will be put to the same scrutiny by the next ones as they will also be replaced. It will also develop new leaders and there will be a challenge to perform . I can enumerate many points of the advantages of cooling off for the residents when we have so many residents who have expressed their willingness to serve DCW . I will urge the sensible committee members to realize their folly of disrespecting the sentiments of general residents and cooperate the new ones in getting elected .It will definitely enhance their goodwill among the residents and this gesture of theirs will help them in getting votes in the next term when the cooling off of one tenure gets over. Those committee members should themselves see that how the kingpins and queen pins have been manipulating the board if they are not aware of the facts as they can see themselves in the RTI letter and the reply from the department. I hope that better sense will prevail among the sensible existing committee members barring the arrogant and complacent kingpins and queen pins.
I appeal to the residents in DCW that this is the chance to throw the kingpins and queen pins out as they have been enjoying power since the last decade and have misused the powers vested to them by the law to strengthen their grip over you and weaken your powers as a general member of the Association. Their illegal occupation can easily be challenged in court but what is the need if justice can be done in the election itself because no court is bigger than the court of general public. The residents must understand their ulterior motives and should vote out the existing committee members by selecting best among the new ones who have filed nominations to serve the society in a better transparent and highly professional way .
The kingpins and queen pins have left no stone unturned in creating an atmosphere of fear and frustration , so that very few new people come forward for election and their path of regaining the seat in board becomes easy , but thanks to the courage and wisdom of the people , who must have realized that if they do not come forward than it will be disastrous for the future of DCW. We, the residents , should rise above personal relationship and decide with a vision that what will be the best for us in the long run. We must visualize that not re electing any member from the existing board will curtail the power of concentration and foster competiveness among the members to do good for the residents.
Dear DCW residents,
I would first like to thank all those new residents/ nominees who have shown courage to file nominations for the upcoming elections to be held on 9th January,2022 and thereby successfully broken the myth spread by some of the declared self styled custodians of DCW from the present committee members that since nobody takes interest and participation in managing the administrative affairs here, so it is but natural for them to carry on the burden of remaining in the committee . But , the residents at large have expressed their desire by adopting the resolution at SGM held on 31.10.2021, which was wrongfully and illegally declared adjourned by the Board and again on 7.11.2021 at the adjourned meeting that the existing committee members must follow a cooling off period of one tenure and will not be allowed to contest the election and thus allow the new incumbents to run the administrative affairs . One of the committee members , Mr Deepak Agarwal even said that one will be SHAMELESS if he/she stands in the election against the general wishes of the residents.
Before , I write that how the Apartment Ownership Act is brazenly misused by the present committee and why a cooling off is a must , I hereby post the letter dated 16.6.2021 which I wrote to the Housing department and sought information under Right to information Act to ascertain that Whether the present committee is running the affairs of DCW by adhering to the rules themselves provided in the Act or are simply using the powers given to them under this Act for the residents only and harassing them in one way or the other. And to my astonishment and apprehension, when I received the reply from the department, which I am also posting here, I found that they are not following any rules and regulations but also committing a fraud by remaining illegally in the office by force without having permission and knowledge of the Competent Authority and Housing Department . Please see by yourself that how brazenly they are breaking the rules and running the affairs at DCW in the most unprofessional way thereby depriving us of our basic rights and even after that they have the audacity to seek re- election ignoring the general consensus of the residents of adhering to the cooling off one tenure only. This is when we have one highly qualified lawyer in the board and was seen in the meeting stating that the resolution of cooling off of one tenure cannot be adopted . He along with the vested interest committee members has tried illegally in scuttling the passing off the resolution of cooling off of one tenure for the existing members and debarring them for re-election where as it has been clearly stated in the Act in chapter 2, point no 7(a) that every decision shall be taken in the form of resolution and the decision of the general meeting shall be binding on the Board and all the members of the Association.
If any of the aggrieved member of the board was not satisfied with the decision of the general residents than he/she could have challenged the decision in court but no one has the power in the board to cancel this resolution of the residents and this resolution is as valid as law itself till it is termed unlawful by the court. It is as simple as that.
I call upon the residents that this election is to be fought on the single agenda of why the existing members will not accept the cooling off clause of one term despite having run the Association in the most unprofessional way. What is the secret they are trying to hide if they remain out of power? Why they are acting in such a stubborn nature which is raising suspicion among the residents? After all this is non – profit voluntary service and not a single penny is given as salary. Do they consider the new ones as less capable than themselves?
I know that there are some good persons in the committee and they must understand that cooling off is a must in a large complex as ours. This is necessary for self checks and balances. If any wrong has been done by old ones, the new team can Identify it and the new ones will also be in check that they will be put to the same scrutiny by the next ones as they will also be replaced. It will also develop new leaders and there will be a challenge to perform . I can enumerate many points of the advantages of cooling off for the residents when we have so many residents who have expressed their willingness to serve DCW . I will urge the sensible committee members to realize their folly of disrespecting the sentiments of general residents and cooperate the new ones in getting elected .It will definitely enhance their goodwill among the residents and this gesture of theirs will help them in getting votes in the next term when the cooling off of one tenure gets over. Those committee members should themselves see that how the kingpins and queen pins have been manipulating the board if they are not aware of the facts as they can see themselves in the RTI letter and the reply from the department. I hope that better sense will prevail among the sensible existing committee members barring the arrogant and complacent kingpins and queen pins.
I appeal to the residents in DCW that this is the chance to throw the kingpins and queen pins out as they have been enjoying power since the last decade and have misused the powers vested to them by the law to strengthen their grip over you and weaken your powers as a general member of the Association. Their illegal occupation can easily be challenged in court but what is the need if justice can be done in the election itself because no court is bigger than the court of general public. The residents must understand their ulterior motives and should vote out the existing committee members by selecting best among the new ones who have filed nominations to serve the society in a better transparent and highly professional way .
The kingpins and queen pins have left no stone unturned in creating an atmosphere of fear and frustration , so that very few new people come forward for election and their path of regaining the seat in board becomes easy , but thanks to the courage and wisdom of the people , who must have realized that if they do not come forward than it will be disastrous for the future of DCW. We, the residents , should rise above personal relationship and decide with a vision that what will be the best for us in the long run. We must visualize that not re electing any member from the existing board will curtail the power of concentration and foster competiveness among the members to do good for the residents.
You can clearly see that I have asked three questions that whether the department is aware of the postponement of elections and whether proper accounts has been submitted to them and the department has replied to all the questions as NO. The board has failed in its basic duty of maintaining and submitting the accounts which as per the Act is the main function of the board. I will write about that how on one hand they are not following the rules and on the other hand how they are misusing the powers given under the Act in harassing the common residents in my writings later, but I now ask some questions to the residents to think over
1 . Do anyone of you can help me in getting the audited accounts since the present board is managing the Association ? Is it available on the official Google group DCWAOA? It is however not been submitted to the department as revealed in the reply to RTI .
2. Do you know why no information is posted in the Google group instead of unofficial whatsup groups with admin setting of Disappearing messages on?
3. Do you have all the project details and information of your money spent on works like denting & painting, CCTV cameras, pond work etc.? Has your permission been taken for every expenditure done on these projects? Can you get access to any recording in cctv if required? If not, why? Has the board been given power by the residents to deny them any recording sought?
4. Do you know how much money has been received from the promoter of our sinking fund of Rs 20000 per flat and interest thereupon?
5. If the promoter has not returned our money which runs in crores, than what is the suit no . of the case filed , if there is any .
6. Can one run a business like interior decorator in DCW by remaining in the important post of the Board? Does it not influence/ coerce the flat owner in selecting the right vendor for interior of his flat?
7. Why no ID cards of the Owners/ co-owners could not be done in the last 5 years? Is any resident other than the registered member of the Association is allowed to come and attend the general meeting? Is it legal? Were all general meetings have been conducted considering this fact that only members of the association are allowed to participate in the meeting?
8. Why a comprehensive list of all the members of the Association could not be published and given to each member of the Association?
9. Do we have access to the minutes of the board meetings and general meetings ? Are they posted in the Google groups? If not, why? Have the residents has passed the resolution of not posting in the Google group? Do you know that when something is posted in the Google groups and circulated via e mails , it can easily be accessed and serve as an important evidence? Is it not a conspiracy against the residents to not make the records readily available to safeguard the Board from any legal actions?
10. Don’t you think the present committee is hiding more than revealing? Don’t you sense that they are working like a private club rather than a professional entity ?
These are some of the questions from many which you must think and ponder upon and decide yourself that what is your power and what you must get whereas what they have given you in the last 5 years . Can you expect above from them if they get re –elected? Choice is yours , whether you want to remain in chains or lead a free and dignified life in DCW. They will show you illusions to hide the real wrongs done . They will spend your money but show like they are doing a great favour to you. Realize your power . You are the masters of the Board and not they. You have all the right to demand everything from them by merely writing a mail/ letter. They have no right or power to deny that but by their divisive and intimidating act, they have weakened you. Nothing has been lost yet. Realize your mistake and correct it. Just follow the resolution of cooling off . As I can visualize , this one step will end almost all the loopholes and misuse of Act and pave the way of empowering the residents rather than the Board members.
I will be writing more in coming days about some of the committee members but for the time being I appeal to the general residents that you might not have filed nominations for the upcoming elections but do take part in voting and support the new ones wholeheartedly and do not give a single vote to the present committee members whosoever he/she may be. It will do favour to you only as you will realize the importance of cooling off and your one small step of correct voting will be enough in bringing dignity, peace and harmony in DCW a permanent seat. Believe me, there are many professional and good candidates standing in this election, which given an opportunity can do wonders for DCW .
Thanks for reading, please help in spreading this message among the residents if you think this as important .
Yours always
Rajesh khandelwal
Tower-2. Flat 11A & B
.
DEEPAK AGARWAL
Please find attached the receipt copy from the Housing Dept where all audited accounts have been submitted.
Now it is up to us to decide why someone needs to approach to the competent authority for confirmation without even asking the board if it has been submitted or not.
Regards
Deepak Agarwal
Navneet Jhunjhunwala
To view this discussion on the web visit https://groups.google.com/d/msgid/dcwaoa/1639892244.S.5425.a.autosave.drafts.1639894473.20781%40webmail.rediffmail.com.
Atul Baldewa
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MANOSHI CHOWDHURY
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Sundeep Jhunjhunwala
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Navneet Jhunjhunwala
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DEEPAK AGARWAL
As far as I understand,audited accounts can be submitted only after being passed in a General body meeting.
Post 23rd Feb 2020,the first general body meeting took place on 10th october 21,where the final accounts of both 19-20 and 20-21 fy were passed and subsequently submitted to the department of 2nd of Dec 2021.
This is neither irregular,nor illegal,nor a crime.
Request all not to get misguided by the flurry of posts coming in till 9th of Jan 2021.
If anyone has any quarry please contact the President or any board manager fpr the same.
Regards
Deepak Agarwal
From: MANOSHI CHOWDHURY <chowdhur...@gmail.com>
Sent: Tue, 21 Dec 2021 17:39:11 GMT+0530
To: dcw...@googlegroups.com
Subject: Re: [dcwkolkata:3831] DCW - a draft for general awareness for DCWians before elections
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Prabal Sen
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