For latest in CGHS Housing scam FLAT Allotments CLICK HERE

AOCAM WON THE HEARTS OF HOMELESS

5 th July,07. In the evening, the celebration took place in Asha Deep Apartments, Dwarka, Sector 2 where hundreds of members of various Group Housing societies gathered to express their appreciation towards Association of Co-operative Group Housing Society Affected Members(AOCAM) who created a history and won the hearts of thousands of homeless to get their sweet homes very soon. The grievances of more than ten thousand members of various Group Housing Societies in Dwarka got relief when Hon'ble High Court of Delhi took a major decision on 2 nd July,07 about Rule 24(2) of Delhi Cooperative Societies Rules, 1973 . The credit goes to AOCAM who tried its best under the capable leadership of Sh.DPS Rajesh and his entire dedicated team members. The homeless sufferers have to submit their documents within six weeks to claim their valid membership and they automatically will be able to get their flats. Yes off course one of the affected members was happy and expressed his views as dreams come true for him. “Undoubtedly, this is the best possible decision of the Hon'ble High Court” says Sh. Sunil Kumar Verma-Advocate.

You may even see the entire details of the decision pls. Click

Developments

The members have raised huge amount of loans from different Banks and paying the EMIs for the vacant flats. On the other hand they are staying in rented houses and paying rent. The members are facing financial burdens from all the corners like paying EMIs, paying rent, paying ground rent to DDA for the unoccupied flats, No tax exemption, paying maintenance charges of vacant flats, lifts and others accessories like DG sets, firefighting etc etc. The conditions are of the vacant flats are deteriorating day by day. On the other hand the Government is also loosing the members do not occupy a huge amount as property tax as thousands of ready flats.

They are more than 50 societies are ready for occupation whereas about hundred more are either nearing or mid of completion. A lot of societies submitted their lists long back for the approval of RCS. It is a matter of regret that since 1st July 2004 till date the RCS office has approved no list.

Broadly they are two categories of societies where the innocent members are suffering due to the inaction and systemic deficiency on behalf of Registrar, Cooperative Societies, Delhi and Delhi Government.

The first category consists of those societies which are almost complete and are not in the CBI scanner/scam, but the draw of these societies were put on hold by the present Registrar, Cooperative Societies. The reason for putting the life of members in the lurch is the violation of so-called directive of rule 24(2), which can not stand legal scrutiny, has suppressed the genuine voice of thousand of people/members out of which 60% are government employees, 20% are service class working in MNCs and other responsible organisations, 10% are Senior citizens and rest are from different segments. The factual position regarding rule 24(2) is as under:-

•  That the members were not aware of the vacation of operation of rule 24(2) w.e.f. 8.1.03 as no publicity was given to the fact by the RCS Office. The Office of RCS continued approving the membership till 30 th April, 2004 and numbers of draw of flats were held by the RCS till 30-4-2004 and the members are staying in their flats. The matter came to the notice of members only in November, 2004 when the present Registrar, Co-operative Societies issued directive under Rule 77 of Delhi Cooperative Societies Rules that the provision of Rule 24(2) would come into operation with immediate effect. (Copy of Directive as Annexure- I). The members till this date were not aware of the factual position in the operation of Rule 24(2) and thousands of members got the membership in different societies with a hope to have dream house in Dwarka.

b. As regards the validity of membership, it may be mentioned that the Delhi Cooperative Societies Act, 2003 lays down the eligibility condition of the members. The DCS Act, above all, places the RCS as regulator to ensure that the Cooperative Societies function in true spirit of the cooperative movement. All the constituents of the housing cooperative movement, viz. the RCS, the Concerned MCs and the respective members have to function within the boundary laid by the Act. In short, if the members fulfill the eligibility condition as laid down in the Act or the by-laws of their respective society, they can not be denied membership just because of the fault committed either by the MCs concerned or the RCS office or for that matter any other concerned authorities of the Government of Delhi.

c. The Minister of Cooperation, Govt. of Delhi in November 2004 expressed very clearly that all members affected by Rule 24(2) will be regularized by the Govt. shortly. We were awaiting such regularization by the Govt. of Delhi but unfortunately in the case of Nehru CGHS, the Hon'be High Court of Delhi gave its verdict declaring all the membership void ab initio in case they had taken membership after 8.1.03.

d. The members have spent the entire life savings in having the membership for a shelter in this Society. In above situation, the only hope left with us is that the Govt. of Delhi should come forward for our rescue without further delay in order to save thousands of families from being ruined.

The Solution/Action Plan to be taken:

•  In view of the above, the members humbly pray the e Hon'ble Chief Minister of Delhi who in turn shall direct the Registrar, Co-operative Societies to immediately withdraw atrocious/unconstitutional directives of his department. The list of various societies in which draw has been put on hold on pretax of violation of rule 24(2) must be cleared in time bound manner so that the members who have suffering from mental, economical and social harassment for last 2 years would their get their flats.

•  The cases regarding rule 24(2) are coming up for the hearing before Hon'ble High Court on 20 th February, 2006 and 26 th February, 2006. The AOCAM will implead in these cases and plead the case through some reputed lawyer to get the relief to the affected members so that the one sided decision based on without factual information as in Nehru Vihar CGHS could not be repeated.

The Second category consists of 110 societies, which are presently under CBI scanner. As the status of these societies are concerned, more than fifty percent of the societies are ready for last 2 years and the rest are either nearing completion or at initial stage. The factual positions of these societies are as under: -

•  That the majority of the members of these hundreds of Cooperative Group Housing Societies are Government servants and senior citizens and their families who have opted for membership in these societies to fulfill their dream of having a shelter over their head. Most of the members while taking such membership relied solely on the statement / presentation made by the respective Management Committees about the genuineness of their societies and these members were not aware of technical / legal intricacies involved in taking such membership. Nearly all of them raised huge housing loans from public / private sector banks, which after verification of various documents sanctioned the requisite loan and at no point of time anyone of the members was conveyed that his/ her membership may have suffered certain infirmities.

•  The completed societies started the process of getting their list of members cleared from the office of the Registrar, Co-operative Societies for allotment of flats. The flats in these societies are ready for occupation and the members of these societies are waiting for their flats for last 2 years.

•  The Hon'ble High Court vide its order dated 21-3-2006 directed CBI to conduct inquiry for these societies as alleged by Sh. Gokul Agarwal in his affidavit which included societies allotted land in the year 2000 and thereafter. Hence, the directions of the Hon<ble High Court has also affected these societies' innocent members and their economic and social interests. The slow and endless process of inquiry has jeopardized the life of these innocent members.

•  The innocent members of these societies are unnecessarily being made scapegoat for the irregularities committed either by the builders' lobby or by the concerned Management Committees, which in number of cases, have not submitted the required papers as per the directives issued by the RCS office from time to time.

•  The order passed by Hon'ble High Court in Jogi Raj Krishan case dated 19-12-2006 in which the AOCAM has impleaded and successful appraised of the court about the suffering of the innocent members, clearly shows that the Hon'ble High Court has finally realised the sufferings of common/innocent members. The Hon'ble High Court has taken the matter seriously and is in the opinion that the innocent members should get their flats at the earliest. We hope some favourable judgement in this case, which will come up for final hearing on 16 th January, 2006.

Solution/Action Plan taken:

The Hon'ble High Court has constituted a committee comprising of Joint Director of CBI/EOW, Land Commissioner, Director (Housing) of DDA and Registrar, Co-operative Society, which will finalise the modalities as to how the innocent members should get their flats at the earliest. The committee will its submit the report to Hon'ble High Court on 16-12-2006.

The AOCAM has submitted a memorandum giving its view-points with regard to the sufferings of the innocent/common members to the RCS who in turn will place the same view-points to the above-constituted committee for favourable recommendations.