GREENWOODS GOVT GreenWood Housing Society by alicejenny



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Minutes of the General Body Meeting of the Society held on 8th
May, 2011 at Noida Golf Club

          The members who were present in the AGM is enclosed as Annexure-I.

2.        President welcomed all the members and said that with the cooperation of
all the members, the Society was able to discharge its functions in a transparent
and efficient manner and all legal and statutory provisions were adhered to by
the Society. The President also informed that despite non-availability of records
pertaining to accounts, the Society has been able to allow members to get their
properties registered under the Tripartite Agreement

3.        Before the formal agenda was taken up for consideration, the email of Shri
R. R. Singh was taken up for consideration. Shri R. R. Singh in his email dated
6.5.2011 had raised an issue that the AGM could be held in NCT or on Plot 10,
Omega-I, Greater Noida only. With the consensus, it was held that Noida being
a part of NCR and given its proximity to NCT/Greater Noida, AGM could be held
at the Noida Golf Club, Noida as the ambient temperature is very high and it
would not have been convenient to hold the General Body Meeting in the open in
the Society premises.      This was duly approved by all the members present.

4.        The following agenda items were taken up for discussion:

(i)       Policy with regard to transfer of property

(ii)      Broadbasing/Election for the Executive Committee of the Resident
          Welfare Committees for Phase-I & II.

(iii)     Information on important events between the last AGM and the one

       scheduled for 8.5.2011

(iv)   Status of court cases with regard to the labour issues, consumer court
       issues, contract issues etc.

5.     The AGM unanimously agreed to take up agenda item no. (iv)
first, thereafter item no.(iii) and followed by item no.(i), item no.(ii)

Agenda Item (iv)

6.     With regard to agenda item no. (iv) Which was in respect of
status of court cases, President informed that in the last few months,
few court cases specially with regard to labour issues, consumer
court issues and the contract issues had come for consideration of
the Society. Thereafter, he requested Secretary, Shri Pankaj
Agrawala, to describe the details. Shri Pankaj Agrawala informed the
members that two court cases had come up to the Society for
consideration. In the first case, the Society had received a notice
from the Labour Court. The main dispute was between the labour
and the contractor and the Society was not involved in any manner
whatsoever.      However, no proactive action could be taken by the
Management Committee to protect Society’s interest and therefore
the Court had fixed the liabilities on the Society also. In any case, the
Society has taken up with the competent court and got a stay order
and the case is being pursued vigorously. Secretary also clarified
that the stand of the Society is that it has nothing to do with these

contract employees and it is purely a contractual matter between the
employees and the contractor.
7.    In the second case, Shri Pankaj Agrawala informed that one of
the esteemed member of the Society Shri Prabhat Kumar had
approached the Consumer Court with the contention that the villa
allotted to him had not been constructed as per the technical
specifications and the desired quality, though he had paid the entire
amount as demanded by the Society. The court has given the verdict
in his favour and asked the Society to compensate him with a sum of
Rs.10 lakhs. Shri Pankaj Agrawala further informed that as per the
legal advice given by the lawyer, the Society does not come under
the purview of the Consumer Court because in a housing society, the
properly is owned jointly by all the members and all such cases have
to be resolved amicably. He further elaborated that the contractor
was required to build the villas as per the specification and if the
contractor had not completed the job, then the contractor is
responsible and not the Society. He further clarified that in this case,
the Contractor M/s New Age Consultants entered into an agreement
with the Society much later, though the work had commenced in 2002
itself. Moreover, the construction work has not been completed even
as on date.     He added that the Managing Committee had also
discussed this matter in detail and had decided to pursue vigorously
all such matters of bad quality and workmanship, adjustment of
various advances etc. with the Society’s contractor.

8.    The Vice President, Shri Sudhir Kumar, informed that the entire
construction activity was commenced by the contractor without the

approval of the Management Committee on the terms and conditions
of the contract and it appears that the matter was never brought to
the notice of any of the AGMs. He further elaborated that the rates
for the construction were revised many times by the Contractor,
though there is no approval of the competent authority on these

9.    The President informed the members that on the one hand the
contractor had not taken the approval of the competent authority on
commencement of work as well as on the terms and conditions of the
contract and on the other hand, he is demanding additional funds
from the Society and to that effect, he had already sent a few notices
too. He further informed that a view has to be taken on future course
of action in this regard because as per the accounts, a large amount
had been advanced to M/s New Age Consultants without taking any
bank guarantee/collateral and nobody had verified the work done by
the contractor. Secretary, Shri Pankaj Agrawala gave details of the
amount advanced to the contractor and the current status of the
construction work in Phase II.         A large number of members
expressed their displeasure over the state of affairs and demanded
appropriate action against the members of the Executive Committee
who were responsible for these irregularities.          Members also
suggested that if possible, an FIR should be lodged against the
contractor and other persons who were responsible for committing
these irregularities. Finally, after discussion, it was decided that the
matter be examined by taking legal opinion and in the meanwhile, a
special audit be conducted.      Simultaneously, as decided by the

Managing Committee, an interim reply to the contractor repudiating
his claims would be sent immediately. Moreover, the members were
also requested to furnish the details of the payment made by them by
way of photocopies (Receipt No., Cheque No., Cheque Dated,
Amount, Drawn on etc.) to the Society so that the accounts can be
verified from the Bank and the individual files of the members can be
Agenda Item (iii)

10.   Shri Pankaj Agrawala, Secretary informed that in the last few
months, members had been advised to get their properties registered
under the Tripartite Agreement between the Society and the Greater
Noida Industrial Development Authority (GNIDA). A large number of
members of done so. He further informed that by getting the property
registered, members today have got a legal ownership right over the
property. However, for transfer of property, they require NOC from
the Society for which there was a separate agenda.

11.   The President informed that in the last two weeks, some of the
members of Phase II have informed that the issue of disputed land
has been resolved and the GNIDA has agreed to hand over
additional land to the Society. The President, however, clarified that
no formal communication in this regard has been received from
GNIDA and the Society is taking steps to ascertain from the Authority
about the status of transfer of this land.

Agenda Item No.(i)

12.   After detailed discussion, the draft “Policy for Transfer of
Property” was adopted subject to the following amendments:

      1)   Since lock in period of ten years has already elapsed, the
           provision of lock in period has become redundant.            In
           view of this, it was decided that para 8(i) of the “Policy for
           Transfer of Property” will be amended as follows:

           Para 8(i):   unless the prior specific consent of the Society in
                        writing has been obtained.

      2)   Further Para 8(iii) may be amended as under:

           Invoking provisions of Rule 3, the eligibility for membership is
           being expanded and the following categories of individuals are
           now eligible to become members of the Society –

           (a)   First degree relations (sons and daughters, grand-sons
                 and grand-daughters only) of the existing members

           (b)   Second degree relations (son in laws & daughters in
                 laws only)

           (c)   Class I officers of PSUs and Military and Para-Military

           (d)   Professionals, i.e., Doctors, Engineers, Specialists &
                 Eminent Sports persons (national level players),
                 Chartered Accountants, Architects, Lawyers, Scientists,
                 Academicians, Management Experts and Consultants,
                 Industrialists & Businessmen with decent characters

           (e)   All these eligible members as defined in paras (a) to (d)
                 above would be asked to apply to management

                 committee for becoming members of the Society. The
                 decision of the Committee would be final.

           (f)   It would be the endeavor of the Management
                 Committee to take a final decision within two weeks of
                 receipt of application.

Agenda Item No.(ii)

13.   It was brought to the notice of the members that the Resident
Welfare Committees (RWCs) were constituted in an ad-hoc manner.
Moreover, it has been also observed that these Committees are not
representing the interest of the majority of the members. It was also
felt that many decisions by the RWCs were taken without considering
the views of the majority of members.

14.   After detailed discussion, it was decided that the Executive
Committee of the Resident Welfare Committee of Phase I & II would
be broad-based including the members of the Management
Committee and in due course of time, elections would be held
separately for each phase of the Society for the purpose of
constituting the Executive Committee.

15.   The meeting ended with a vote of thanks to the Chair.

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