a draft for general awareness for DCWians before elections

[Rajesh Khandelwal]

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 9^th 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 9^th 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

.

 

[MANOSHI CHOWDHURY]

---------- Forwarded message ---------
From: Manoshi Chowdhury <manoshicho...@gmail.com>
Date: Sun, 19 Dec 2021, 10:32 pm
Subject: Re: DCW - a draft for general awareness for DCWians before elections
To: <dcw...@googlegroups.com>
Cc: dcw-positive-thinkers <dcw-positi...@googlegroups.com>, dcwkolkata <dcwko...@googlegroups.com>, dcw-behala <dcw-b...@googlegroups.com>, DIAMONDCITY WEST (dcwhe...@gmail.com) <dcwhe...@gmail.com>

Rajesh Khendelwal, 

First of all answer me ,when will you furnish proper doccuments to the society wherein you have intimated the committee of giving loan of 50,000/-.In the name of giving loan you have siphoned  50,000 of public fund.

Secondly You misbehave with ladies publicly the society by and large is witness to that.

Previously you were fighting against Tower eleven ...then suddenly  changed your stance and came in favour of the builder to construct  the additional tower...that too openly in one of the general meetings ,where in you got badly thrashed by the residents .

As for getting AOA registered, in one of the general meetings you vouched that you would return 1lakh plus if Your lawyer Sanghamitra is not able to get the society registered. 

Please note the society got registered under AOA in my name and Papia Halder was the lawyer she got it registered at a near to negligible amount .

Therefore 

As promised please return the money to the society .

Please note we have the minutes of that general meeting.

You have singled out the association members who stood by people through thick and thin under any given circumstances....Your ways are dirty  ,as you are clawing every possible way to maline the name of the association managers to the extent of hitting their Democratic rights under the false assumption of your own self weaved notion.

Your queries are vague not specific.

The intention to gather the information was not conclusive. It was made with a malafied intention so that the association in not able to furnish the answers.

I feel your sole intention ,to create so much commotion is to aquire the *kingpin* effortlessly.

What are you after??

The wellbeing of the society cannot be your motto..a person who has never bothered to reach out to help any of his neighbors when they needed him the most ...cannot at any point of time be their messiah....you have some underlying malafied intention, that is why out of blue you have risen .

Now get one thing clear, I can swear in the name of God that I have not earned a single penny from the society as an office bearer.

This place is like my child...and I care about it more than you can imagine. 

THEREFORE I WOULD REMAIN THE QUEENPIN AS LONG AS THERE IS A NEED TO PROTECT IT FROM JACKALS IN DISGUISE!!

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