Show menu
Close
FAQ FAQ Sign in Sign in
Close
ADVERTISEMENT

Shivaji Co-operative Group Housing Society Ltd. — Allotment of hig flat no. A-10/2 & refund of excess payments, monthly compound interests @ 18% p. A., compensations for harassment, litigation cos

To, (Mails to the followings on dts.[protected] Dtd[protected]. (1) The Prime Minister Of India, S.B., Delhi(E-Mail [protected]@pmo.nic.in, [protected]@gmail.com) (2) The Home Minister, Ministry of Home Affairs, North Block, Delhi (E-Mail I.D.:[protected]@nic.in) (3)The Lieutenant Governor, Raj Niwas, Raj Pur Road, Delhi (E-Mail I.D.:- [protected]@nic.in ) (4)The Chief Secretary, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail I.D.:- [protected]@nic.in ) (5)The Chief Minister, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail I.D.:- [protected]@nic.in ) (6)The Dy. Chief Minister, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail ID- msisodia.[protected]@gov.in) (7)Sh. Satyender Jain Minister GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail ID- moh.[protected]@gov.in) (8) Registrar Co-op Societies/ Asst. RCS, Office of RCS, Parliament Street, Delhi (E-Mail I.D.:[protected]@nic.in) (9)The Administrator (Mr. Yogesh Jain) of Shivaji CGHS, Plot No. 4/1, Sector -14, Rohini, Delhi-110085. (10)The Central Information Commission(CIC), August Kranti Bhawan, New Delhi.F.No.CIC/SA/C/2016/115 Sub:- Reminder for earliest allotment of HIG Flat No.A-10/2 & for refund of excess payments & interests. Sir, (So many letters/requests are given to the RCS office etc. in this matter but no one is listening) Respectfully, it is to say that, I am a widow of about 78+ years aged. My husband received the Membership & Share of the Shivaji CGHS, Rohini on dated[protected] and he made the total payment of Rs. 7, 94, 570/- for the allotment of a (Finished) HIG Flat, till dated[protected]. He Paid Rs.7, 71, 750/-(as demanded for a Finished HIG Flat, instead of Rs. 6, 83, 000/-, Rs.88, 750/-were charged illegally & this amount is refundable with monthly compound interest @ 18 %P. A. along with penalty from dtd.[protected] till the date of refund) & Rs.22, 820/-were charged forcefully by the management of the society on account of interest of some delayed payment, so we are also entitle to receive the monthly compound interest on our entire payment of Rs.7, 94, 570/-from 31-12-00 till the date of allotment of (Finished) HIG Flat @ 18% P.A.along with penalty, compensation & cost of litigation, because we are still not allotted our HIG Flat even after passing over about 16 years of full payment of Rs. 7, 94, 570/-, up to dated[protected], and even after a lot of litigation. My husband Lt. Sh. Raj Kumar Jain was expired on dt.[protected]. The Member ship dtd.[protected] & Share certificate of Membership No. 343 was duly Transferred in my name i.e. Smt. Lajwanti Jain Wd/O Lt. Sh. Raj Kumar Jain on dated[protected], with the approval of RCS Office after the death of Sh. Raj Kumar Jain. This Membership of the above said CGHS is become about 45 years old as on to day i.e. from[protected] & I the 78+ years old widow is still struggling and waiting for my HIG Flat. I had tried and requested every where from pillar to post but all in vain and I do not succeed to get my flat till today. I requested for the allotment of the HIG Flat No. A-10/2 which is lying vacant in the above said CGHS from a long- long time and becoming KHANDHAR slowly and slowly against my Membership No.343, But even after many intimations & a lot of reminders, authorities (RCS) did not took any step to allot my HIG Flat to me, even I am Fully entitle for its allotment & even HIG Flat No. A-10/2 is lying vacant from last many years & becoming KHANDHAR day by day. Authorities (RCS) are not even considering /replying my submissions submitted with them on dated[protected] vide diary no. 2269, even after many reminders/RTI. My Membership is about 45 years old (since[protected]& the RCS cleared the name of Lt. Sh. Raj Kumar Jain for allotment and draw, before about 16 years (on dated[protected]and the amount Rs.7, 94, 570/-(along with excess payment)is deposited with the society from about last 16 years(ie. from dated[protected]. I am never expelled from the society, My contribution is highest (Rs. 7, 94, 570/-, up to dated[protected]. I am the eldest (78+ years old) among the members entitle to be allot the flats, I am heaving the approved membership of a (finished)HIG Flat from about 45 year . An earliest action is requested for allotment of my HIG Flat No. A-10/2 & for refund of my excess payments & monthly compound [protected]@18%P.A.of Rs. 7, 94, 570/= from[protected] till refund/ till the date o[censored]ndisputed final physical possession of my HIG flat & order for reward a compensation of Rs. 3 lacs per year from dtd.[protected] till the date o[censored]ndisputed final physical possession of my said HIG flat, for my harassment, along with the cost of litigation etc. around Rs.10 lacs + + from dtd.[protected] till today, as I am suffering from 16 years. Please send me the reply of this. Reminder From:- Smt. Lajwanti Jain Wd/o Lt. Sh. Raj Kumar Jain R/O 2/21, Sadar Bazar, Delhi Cantt-10. Ph. No. [protected].MemberShip No.343(HIG Category FlatA-10/2), Shivaji CGHS Ltd., Rohini, Delhi (NW).
[protected][protected][protected][protected][protected][protected]---

To, (Mails-reminder to the followings on dts.[protected] Dtd[protected]. (1) The Prime Minister Of India, S.Bl, Delhi(E-Mail [protected]@pmo.nic.in, [protected]@gmail.com) (2) The Home Minister, Ministry of Home Affairs, North Block, Delhi (E-Mail I.D.:[protected]@nic.in) (3)The Lieutenant Governor, Raj Niwas, Raj Pur Road, Delhi (E-Mail I.D.:- [protected]@nic.in ) (4)The Chief Secretary, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail I.D.:- [protected]@nic.in ) (5)The Chief Minister, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail I.D.:- [protected]@nic.in ) (6)The Dy. Chief Minister, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail ID- msisodia.[protected]@gov.in) (7)Sh. Satyender Jain Minister GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail ID- moh.[protected]@gov.in) (8) Registrar Co-op Societies/ Asst. RCS, Office of RCS, Parliament Street, Delhi (E-Mail I.D.:[protected]@nic.in) (9)The Administrator (Mr. Yogesh Jain) of Shivaji CGHS, Plot No. 4/1, Sector -14, Rohini, Delhi-110085. (10)The Central Information Commission(CIC), August Kranti Bhawan, New Delhi.F.No.CIC/SA/C/2016/115 Sub:- Reminder for earliest allotment of HIG Flat No.A-10/2 & for refund of excess payments & interests. Sir, (Many correspondences/requests are given to RCS office etc. in this matter but no one is listening) Respectfully, it is to say that, I am a widow of about 78-1/2 years old aged. My husband received the Membership & Share of the Shivaji CGHS, Rohini on dated[protected] and he made the total payment of Rs. 7, 94, 570/- for the allotment of a (Finished) HIG Flat, till dated[protected]. He Paid Rs.7, 71, 750/-(as demanded for a Finished HIG Flat, instead of Rs. 6, 83, 000/-, Rs.88, 750/-were charged illegally & this amount is refundable with monthly compound interest @ 18 %P. A. along with penalty from dtd.[protected] till the date of refund) & Rs.22, 820/-were charged forcefully by the management of the society on account of interest of some delayed payment, so we are also entitle to receive the monthly compound interest on our entire payment of Rs.7, 94, 570/-from 31-12-00 till the date of allotment of (Finished) HIG Flat @ 18% P.A.along with penalty, compensation & cost of litigation, because we are still not allotted our HIG Flat even after passing over about 16 years of full payment of Rs. 7, 94, 570/-, up to dated[protected], and even after a lot of litigation. My husband Lt. Sh. Raj Kumar Jain was expired on dt.[protected]. The Member ship dtd.[protected] & Share certificate of Membership No. 343 was duly Transferred in my name i.e. Smt. Lajwanti Jain Wd/O Lt. Sh. Raj Kumar Jain on dated[protected], with the approval of RCS Office after the death of Sh. Raj Kumar Jain. This Membership of the above said CGHS is become about 45 years old as on to day i.e. from[protected] & I the 78+ years old widow is still struggling and waiting for my HIG Flat. I had tried and requested every where from pillar to post but all in vain and I do not succeed to get my flat till today. I requested for the allotment of the HIG Flat No. A-10/2 which is lying vacant in the above said CGHS from a long- long time and becoming KHANDHAR slowly and slowly against my Membership No.343, But even after many intimations & a lot of reminders, authorities (RCS) did not took any step to allot my HIG Flat to me, even I am Fully entitle for its allotment & even HIG Flat No. A-10/2 is lying vacant from last many years & becoming KHANDHAR day by day. Authorities (RCS) are not even considering /replying my submissions submitted with them on dated[protected] vide diary no. 2269, even after many reminders/RTI. My Membership is about 45 years old (since[protected]& the RCS cleared the name of Lt. Sh. Raj Kumar Jain for allotment and draw, before about 16 years (on dated[protected]and the amount Rs.7, 94, 570/-(along with excess payment)is deposited with the society from about last 16 years(ie. from dated[protected]. I am never expelled from the society, My contribution is highest (Rs. 7, 94, 570/-, up to dated[protected]. I am the eldest (78+ years old) among the members entitle to be allot the flats, I am heaving the approved membership of a (finished)HIG Flat from about 45 year . An earliest action is requested for allotment of my HIG Flat No. A-10/2 & for refund of my excess payments & monthly compound [protected]@18%P.A.of Rs. 7, 94, 570/= from[protected] till refund/ till the date o[censored]ndisputed final physical possession of my HIG flat & order for reward a compensation of Rs. 3 lacs per year from dtd.[protected] till the date o[censored]ndisputed final physical possession of my said HIG flat, for my harassment, along with the cost of litigation etc. around Rs.10+lacs + + from dtd.[protected] till today, as I am suffering from 16 years. Please send me the reply of this. Reminder From:- Smt. Lajwanti Jain Wd/o Lt. Sh. Raj Kumar Jain R/O 2/21, Sadar Bazar, Delhi Cantt-10. Ph. No. [protected].MemberShip No.343(HIG Category FlatA-10/2), Shivaji CGHS Ltd., Rohini, Delhi (NW).
ADVERTISEMENT
Updated by Virender Jain 18 Jan 22, 2017
To, Dtd[protected].

(1) The Prime Minister Of India, S. Blk., Delhi(E-Mail [protected]@pmo.nic.in, [protected]@gmail.com) (2) The Home Minister, Ministry of Home Affairs, North Block, Delhi (E-Mail I.D.:[protected]@nic.in) (3)The Lieutenant Governor, Raj Niwas, Raj Pur Road, Delhi (E-Mail I.D.:- [protected]@nic.in ) (4)The Chief Secretary, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail I.D.:- [protected]@nic.in ) (5)The Chief Minister, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail I.D.:- [protected]@nic.in ) (6)The Dy. Chief Minister, GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail ID- msisodia.[protected]@gov.in) (7)Sh. Satyender Jain Minister GNCT Of Delhi, Delhi Secretariat, New Delhi (E-Mail ID- moh.[protected]@gov.in) (8) Registrar Co-op Societies/ Asst. RCS, Office of RCS, Parliament Street, Delhi (E-Mail I.D.:[protected]@nic.in) (9)The Administrator (Mr. Yogesh Jain) of Shivaji CGHS, Plot No. 4/1, Sector -14, Rohini, Delhi-110085. (10)The Central Information Commission(CIC), August Kranti Bhawan, New Delhi. F .No. CIC/SA/C/2016/115

IN-THE-MATTER-OF:-

Mrs. Lajwanti Jain(Senior Citizen, Aged About 78+Years) Wd/o Sh. Raj Kumar Jain R/o 2/21, Sadar Bazar,
Delhi Cantt, New Delhi- 10. Membership No.343 For HIG Category Fully Finished Flat in Shivaji CGHS Ltd.

SUBMISSIONS ON BEHALF OF SMT.LAJWANTI JAIN :-
1. I am one of the senior most member of the Shivaji CGHS Ltd., Plot No. 4/1, Sector-14, Rohini, Delhi-85, since[protected] & timely cleared all the payments for a HIG Category Fully Finished Flat in the above said society, as per the demands of society. About 16 years ago, on dtd.[protected], the RCS office cleared my name & sent the same to Dy. Director(GH), Delhi Development Authority for inclusion of the name of the petitioner for draw of lot for flat vide his letter no.F-4/65/Coop/GH/NW/1240-41.

2. I was never expelled from the society at any point of time since its beginning & till today. The administrator Yogesh Jain supplied false informations before the Hon’ble court & he should be penalized and terminated immediately for his false statement & he should show that where the name of the petitioner is reflected along with expelled persons in the order dtd.[protected] passed by the then Registrar of Cooperative Societies as he submitted. As per the submission of Administrator total 10 members namely (1) Madhu Verma (2) Dr. Vijay Kaul (3) P. K. Anand (4) Nathu Ram Jain (5) Sarla Jain (6) Rajan Sharma (7) Rakesh Kumar Chabbra(8) Santosh Aggarwal(9) Mukesh Kumar Jain(10) Shailender Kumar Jain, were expelled. My name is no where among these 10 expelled people. And if the petitioner was expelled any time, Then how he was approved for draw by RCS Vide his order dtd.[protected].

3. The submission of Administrator Yogesh Jain, that my name was not included in the draw of lots dtd.[protected] due to my name being sent to the RCS office for approval of expulsion is totally false, as the then president of the society sent my name (M.No.343) to the office of the Registrar of Cooperative Societies with request to clear the name for draw of lot vide letter no. SCGHS/2000dtd.[protected] ie. much before dtd.[protected].Thereafter office of the Registrar Cooperative Societies cleared my name & sent the same to Deputy Director (GH), Delhi Development Authority to include the name of the petitioner for draw of lot vide his letter no. F-4 /65/Coop/GH/NW/1240-41 dtd. 17-11-00 i.e. much before dtd.[protected]Copies annexed at page nos. 8 & 9 of my earlier submission dtd.[protected]. Rather many of expelled defaulters members namely: (1) Madhu Verma-M.No.374-(B-5/6) (2)Dr. Vijay Kaul-M.No. 315 -(A-1/2) (3) Rajan Sharma-M.No.315 -(A-1/1) (4) Rakesh Kumar Chabbra-M.No.238 -(B-5/5) (5)Santosh Aggarwal-M.No.244-(B-1/5)(6)J. N. Malhotra -M.No.372-(A-10/1)(7) M. N.Mehra & Sudha Mehra -M.No.396 -(B-2/5) & also a disputed member Yoginder -M.No.354 -(A -5/4)were included in the draw of lot & allotted them the above mentioned flats nos. also . How it was done?

4. On dtd.[protected] the M.C. of above society allotted 116 flats out of 124 constructed flats. Many outsiders/non-members & junior/unapproved/defaulter /non-eligible members were allotted flats, But, I was not allotted any flat neither in the draw dt.31-12-00 nor till today in spite of full payment of Rs.7, 94, 570/= for finished HIG Flat was done in time, uptodtd.31.12.2000. After the allotment of 116 flats by the M.C. of Shivaji CGHS Ltd. on dtd.31.12.2000, 8 flats were left vacant /un-allotted in the society and afterwards 2 flats were also evicted by the non members. I, approached to the authorities for allotment of vacant /un-allotted HIG flat no. A-10/2 among those flats, since after 31.12.2000, with the capacity of one of the senior/eligible member. But still not succeed, even after most eligible for its allotment. This flat is turning into KHANDHAR day by day but the administrator is not ready to allot the same to the petitioner & giving wrong excuses. The submission of Administrator is false & to be penalized. In fact, I also paid in time the additional demand of Rs.85, 000/= raised by society MC vide their letter dtd.[protected], vide cheque no. 159152, vide society receipt dtd.[protected]. This demand was also declared illegal & unapproved by the then Registrar Cooperative Societies Mr. N. Diwakar vide order dtd.[protected] in case no.RCS/1/ 2001/[protected] with remark….
“ 8. The society with a view to harass the members raised demand of Rs. 85, 000/= and Rs . 60, 000/=.
This illegal demand was never approved by the General body of the society.”
(Please go through the above order of the then RCS dtd.[protected]

5. The administrator appointed vide order dtd. 03-05-01 was directed to take the following steps immediately -“(1)He will prepare the list of members afresh seniority wise & get names of those members cleared from the RCS office, who have been left out, in a time bound manner and submit his report. (2)He will also get rectified the shortcomings & allegations leveled in the show cause notice & report the position in this regard. (3) He will keep Registrar Cooperative Societies office informed at the progress on above points from time to time.”(But, even after passing over of about 16 years nothing is done by any of the administrator appointed by RCS on this CGHS till now)

6. All the writ petitions filed before the Hon’ble High Court of Delhi by the aggrieved members for challenging illegal self distribution of 116 flats by Managing Committee of the society on dtd. 31-12-00, were duly heard by Hon’ble High Court and many orders were passed in favor of aggrieved members by the court in all those matters, many directions were also issued for the administrator, appointed on the society to save the interest of the aggrieved members, but none of the administrators followed any of those directions passed to save aggrieved members & now more than16 years have been passed, all the aggrieved members like me are looking for justice as well as the possession of their those flats for which they had paid before 16 years.

7. The Hon’ble High Court of Delhi passed many orders in favor of aggrieved members & many directions were also issued to the administrator, appointed on the society to save the interest of the aggrieved members by the Hon’ble High Court, but none of the administrators followed any of the directions passed to save aggrieved members rather made issues more complicated for fulfill their personal interest & even the office of the RCS was also remained silent on all irregularities followed by administrators appointed on society by them. The position is still same, and now about 16 years have been passed, all aggrieved members like me are looking for justice as well as the possession of their those flats for which they had paid before 16 years & the flats lying vacant in the society becoming KHANDER gradually, but administrator is not ready to allot even those vacant flats to the entitled members. Administrator is thinking himself the owner of the society. It is also to point out here that a full HIG flat (No. A-10/2) is unlawfully occupied for the office of administrator, in which he comes rarely, but he is not willing to leave this flat so that it is to be alloted to a needful member i.e. the petitioner, even after knowing the fact that, I had already paid full (rather in excess) before more than 16 years i.e. till[protected], he also knows very well that I am fully entitled to get its possession, but is not handing over the possession. It is also to say that in none of the other CGHS one entire HIG flat has been occupied only for the office of administrator. Really, he & his staff is fully enjoying his position & misusing the lenience of RCS.

8. None of the administrator took any action on the orders passed in favor of the aggrieved members, like me and others like me, by the courts of law.Neither in the year 2001 nor afterwards and even not now. They always are in favor of illegal members and also provide them sufficient time and cooperation to arrange things to lingering on the matter by not taking any action on the directions of court in time. Resultant the LPA No.142/2002 was filed even after passing over of limitation time of filing of it i.e. about more than one year after the common order dtd 7-1-01, but the administrator has intentionally done nothing to apply the order dtd 7-1-01 till the LPA order dtd 28-05-02, which was passed after around 16 months from the order dtd 07-01-01.

9. During the pendency of the approval of the expulsion of the defaulter members from the office of the Registrar Cooperative Societies the Managing Committee of society enrolled another 23 members. And on dtd.[protected] the then Registrar of Cooperative Societies declared the membership of the 23 new enrolled members of dtd.[protected] &[protected] as illegal vide his detailed order. But administrator didn’t took any action on that order, to evict illegal people from flats.

10. The administrator appointed vide order dtd.[protected] was directed to take the following steps immediately:-“(1)He will prepare the list of members afresh seniority wise & get the names of those members cleared from this office, who have been left out, in a time bound manner and submit his report. (2)He will also get rectified the shortcomings & allegations leveled in the show cause notice & report the position in this regard. (3) He will keep Registrar Cooperative Societies office informed at the progress on above points from time to time.”(But, even after passing over of 15 years nothing is done by any of the administrator appointed by RCS on this CGHS till now)

11. Again on dtd .[protected] the then Financial Commissioner declared the membership of the new enrolled members of dtd.[protected] and[protected] as illegal vide his detailed order. But administrator did not take any action on that order and to evict illegal people from flats.

12. That again on dtd .[protected] the then Financial Commissioner declared the membership of the new enrolled members of dtd.[protected] &[protected] as illegal vide his detailed order in review filed by the illegal members. But again administrator did not take any action on that order.

IN FACT ALL THE ADMINISTRATORS IMMEDIATELY GOT VERY FRIENDLY WITH THE ALL ILLEGAL
MEMBERS, INCLUDING THE PRESENT ADMINISTRATOR & HIS STAFFF.

13. Hon’ble High Court passed a very detailed order dtd.[protected] in favor of aggrieved members & against the illegal new members and disposed the all writ petitions with the following directions:-
(a) The Some of new enrolled members of 1999 in Writ Petition(C) No. 2338-53/2005 and others
namely 22 persons who were purportedly inducted on[protected], shall handover of the flats
to the Administrator within four months from today.
(b) These flats shall be allotted to those 22 members who were expelled, subject to the condition
that they have paid entire consideration and no further amount is due from them. For this
purpose, draw of lots in respect of these 22 flats for the said 22 members shall be held by the
Administrator. Thereafter, possession shall be handed over of these members.

(BUT NOTHING WAS DONE BY THE ADMINISTRATOR TO APPLY THIS ORDER IN SOCIETY)

14. Some Review Petitions including No. 14764/2008 were filed against the Hon’ble High Court order dtd.[protected], although, I was not included in any of those Review Petitions including LPA No. 14764/2008. But all those were disposed by the Hon’ble Court again in favor of aggrieved members & against the illegal new members on dtd.[protected], But the administrator has intentionally done nothing to apply the order dtd[protected], even till the SLPs in the Hon’ble Supreme Court of India, which were filed after passing over of limitation period of filing SLPs.

15. The order passed by The Hon’ble High Court on dtd.[protected] is fully applicable on me, because I was not included in any of the Review Petitions including No. 14764/2008 & also not in any of SLPs filed by illegal members. Afterwards, I approached a lot of times to RCS & Administrator for allotment of a HIG flat, in the society, in the light of the Hon’ble High Court order dtd.[protected] but nothing was done by them, even a flat no. A-10/2 was lying vacant in the society from a long long time and becoming KHANDEHR. After finding no way the petitioner filed Writ Petition No.4792/2012before the Hon’ble High Court for the getting allotment of HIG flat no.A-10/2 lying vacant in the society from last more than 15 years. Hon’ble High Court on dtd.[protected] Pleased to pass the order in favor of me by directing the respondents to verify the records and if found so, consider the request of petitioner within two months from the date of order. And Petition was disposed off. However, when the respondents did not comply with the direction issued by Hon’ble High Court nor took any step in that regard even after many reminders of petitioner, the Petitioner moved C.M. No. 19232 / 2012 in Writ Petition (C) No. 4792/2012. The Hon’ble Court disposed the CM No. 19232/2012 on dated[protected] providing liberty to petitioner to” initiate appropriate legal proceedings for violation of the directions of this court” against the respondents. In pursuance to the above order, the petitioner filed a Contempt CaseNo.105/2013 with respect to the Respondent’s non-compliance of direction contained in Hon’ble Court’s order dtd. 08-08-12. However, as in Reply to the Petitioner’s Contempt Case, the Respondent Administrator submitted the Status Report That “ there are 13 more members above the petitioner in the seniority” for getting allotment of HIG flat. On dtd.11-02-14 the Hon’ble High Court close the above Contempt Case by allowing me to impugn any action or determination with regard to the method of arriving at my seniority by way of appropriate proceedings. I, being aggrieved by the false status report stated the non eligibility of petitioner to receive the possession of HIG flat no.A-10/2 even after full payment and full eligibility towards it, I moved the petition dtd. 11-04-14 before RCS. But this petition dtd. 11-04-14 move before RCS vide diary no.2269 dtd.11-04-14 is still not decided by the RCS even after lot of reminders given to RCS to decide it. The petitioner also filed RTI dtd.[protected] for its decision but no action was taken by RCS office, then First Appeal before FAA in RCS office was also done but no action was taken by RCS office on the order dtd 17 -09-14 of FAA, then second appeal dtd. 18-11-14 was filed before The CIC about above RTI but the respondents also misled the CIC by filing documents which were not concerned with my matter along with a list of 142 members of society which shows my position at number 56. In fact these documents filed before the CIC by the respondents were not related to my RTI query dtd. 14-07- 14 and this fact was brought before CIC by the petitioner. Aggrieved for this attitude of respondents & finding no other way, I once again was compelled to approach the Hon’ble High Court vide writ petition (Civil) 10785/2015.The Hon’ble High Court of Delhi disposed the matter vide order dtd. 23-11-15 with the direction to RCS to look into the matter and decide it within the time prescribed in above said order.

16. Neither any of SLP nor the Writ Petition no.5810/13etc. is restraining the administrator to allot me HIG flat no.A-10/2 but he is wrongly taking its shelter before the CIC and also before RCS for not allotting me the same and deliberately misleading everyone. Now in his submission dtd.4-02-16, he attached a verification chart on page nos. 62-65 which shows the petitioner’s position at number 44 which earlier was shown on number 56.The administrator also submitted in the same submission at the bottom of pg. no. 8 that there are only 4 persons above the petitioner, which were 13 as per his earlier submitted list before Hon’ble High Court in the Contempt Case No. 105/2013. The administrator is very much confused and submitting contradictory status reports regarding the seniority position of the petitioner. In fact petitioner stands at no.1 in the seniority position and the most eligible among the members who are to get the allotment of the subject HIG flat because the petitioner better fulfils all the conditions than the others for its allotment. As per the statement of Administrator before dtd. 04.02.16 there are 4 persons above me, who are to be allotted Flat, namely
(1) Sh. Roshan Lal Jain (2) Sh. Nathu Ram Jain (3) Sh. Avinash Kapoor (4) Sh. Arun Kumar Sood & On dtd. 25.02.2016 he filed the details / status of these members before this court. As per his details/ submissions it is revealed that person put on no. (1) Sh. Roshan Lal Jain is claimant of MIG Flat, so he is not a hindrance because my category is HIG; The person put on no. (2) Sh. Nathu Ram Jain was expelled from society vide RCS order dtd. 03.12.1999. He was expired long back & his membership is still not endorsed to anyone, moreover as per the notice of Administrator dtd. 08.06.15, Deficiency in documents as per Schedule VII of DCS Act was found and the amount of Rs. 2, 37, 781/= + interest was found outstanding on him, which was paid recently on 29.6.2015 (ie much after to my petition dtd.11.04.2014 filed before this court), so he cannot be treated superior/ eligible to me as I paid full amount for HIG Flat till 31.12.2000 i.e. before 16 years as per the demands of society and nothing is outstanding on me afterwards; The person put on no. (3) Sh. Avinash Kapoor was a defaulter of this society and his expulsion was approved by General Body of the society on dtd. 03.11.1997. He was expired long back & his membership is not still endorsed to anybody and his name was never indicated above me in the claimant’s list submitted before the Hon’ble High Court on dtd. 19.08.13 in Cont. Cas. (C) No. 105/2013, moreover as per the notice of Administrator dtd. 8.06.15 Deficiency in documents as per Schedule VII of DCS Act was found and the amount of Rs. 3, 78, 869/= + interest was found outstanding on him, which is still not paid by him, so how can he, be treated superior/ eligible to me as I paid full amount for HIG Flat till 31.12.2000 i.e. before 16 years as per the demands of society and nothing is outstanding on me afterwards; The person put on no. (4) Sh. Arun Kumar Sood is expired long back & his membership is not still endorsed to anybody, moreover as per the notice of Administrator dtd. 08.06.2015 Deficiency in documents as per Schedule VII of DCS Act was found and the amount of Rs. 2, 37, 781/= + interest was found outstanding on him, which is still not paid by him, so how can he, be treated superior/eligible to me as I paid full /excess amount for HIG Flat till 31.12.2000 i.e. before 16 years as per the demands of society and nothing is outstanding on me afterwards; In fact petitioner stands at no.1 in the seniority position and the most eligible among the members who are to get the allotment of the subject HIG flat because the petitioner better fulfils all the conditions than the others for its allotment. But Administrator is not considering this fact & trying to manipulate the facts after my petition filed before this court vide dy. No. 2269, dtd.11.04.2014 & ONCE AGAIN HE IS GOING / TRYING TO CHANGE MY SENIORTY BY THE MANIPULATING THE RECORDS.

17. On dtd. 25.02.2016 the counsel for the society submitted that stay in the SLP is on eviction and tender of rent. But the flat no. A-10/2 is already lying vacant since the disputed draw dtd. 31.12.000. There is no need to get it vacated form any member of the society, it is among those un allotted flats &Administrator illegally retained this full flat, only to keep almirah of old records, in it’s one room.

18. The Administrator of society & your officers did not opposed the false submission of the illegal people in W.P.(C)5810/2013 & C.M.Nos.12810, 13465, 14036of 2013 & also did not counter properly, resultant the Hon’ble High Court passed the order dtd. 27.1.2016 in said matters, which affect badly to all aggrieved legal members of the society. So, you are requested to immediate file its appeal.

19. Administrator & ARCS did not follow the RCS order dtd.05/02/2016 about illegal occupant & about the status of 8 un-allotted flats in the society after allotting 116 flats of the society on dtd.[protected]. ARCS never attended any hearing in spite of many orders of this case passed by earlier RCS.It is also to say that in S.L.P., which is mentioned here by Administrator, the stay imposed by the Supreme Court is not related to my allotment issue and in no way restrains anybody for allotting me said flat. The whole order dtd.[protected] of Hon’ble High Court is not stayed by the Hon’ble Supreme Court, the Administrator is representing it wrongly. The counsel of the society filed false submission that the petitioner is expelled vide RCS order dt.[protected] as recorded in the RCS order dtd. 04/02/16. The Writ Petition (C) 5810 / 2013 is only on the society M.C. election issue and it is not restraining anywhere to allot me the HIG Flat no. A-10/2 in the society. And as per the statement of administrator, he verified all eligible/legal members and the petitioner is on S.No. 44 out of 119 members, then how the 75 junior members (119 – 44 = 75) of the petitioner are enjoying the possession of the flats from[protected] till today. Are these 75 members are not junior to the petitioner or is the petitioner is not senior from these 75 members ? And now the administrator is shouting wrongly that due to not being at the top of the seniority list, I am not being allotted the HIG flat no. A-10/2, even though I am the most eligible in all eligible members. Kindly see order dt.[protected] of earlier RCS,
“The counsel for the society is also directed to file copies of 5 SLPs and seniority status of Smt.
Lajwanti Jain viz a viz occupants of other HIG flats and amount paid by each individual member
of HIG category viz a viz amount paid by Smt. Lajwanti Jain.”
( Last para of order dt.[protected] passed by Mrs. Alka Diwan, RCS)
In this last para, the list of all other HIG flat occupants/members and amount paid by each individual member of HIG category including amount paid by Smt. Lajwanti Jain (petitioner) was to be filed by respondents, but it is not complied with till now by the administrator of the society and ARCS. The petition dt.[protected] filed by the petitioner before RCS vide diary no. 2269 dt.[protected] is also not decided till now.

20. Kindly also go through my submissions dtd. 08-02-16, 29-02-16, 22-03-16, 05-05-16&[protected]. In fact the petitioner is a 78 years old widow & unable to manage manipulations / false submissions of administrator etc. kindly consider this fact. The people handling this matter are placing totally false informations before you & twisting my matter. Their only motive is to grab my money & my Flat.

RELIEF SOUGHT :-
In view of the above it is most humbly prayed to pass order in favor of the me & allot me HIG flat No. A-10/2 in the Shivaji CGHS, as I am the most eligible member to get allotment for the said flat, along with damages for deprive her from her flat from last about 16 years, refund of her excess paid amount of Rs. 85, 000/= dtd.[protected] along with the 18% P.A. monthly compound interest from dtd.[protected] till the date of refund, and interest @18% P.A. monthly compound on her full amount of Rs. 7, 94, 570/= from dtd.[protected] till the date o[censored]ndisputed, final physical possession of her HIG flat ( as society also charge interest to us ), & order for reward a compensation of Rs. 3 lacs per year from dtd.[protected] till the date o[censored]ndisputed final physical possession of her said HIG flat, for her harassment, along with the cost of litigation etc. around more then Rs.10 lacs ++ from dtd.[protected] till today . Thanking You,
New-Delhi. Dated :[protected]Lajwanti Jain)
Complaint comments  Add a CommentShareTweet

Post your Comment

    I want to submit Complaint Positive Review Neutral Comment
    code

    Contact Information

    India

    Complaint categoryCategory: Other
    Add Company Information

    ADVERTISEMENT