IS RCS A HURDLE FOR THE DRAWS OF ELIGIBLE SOCIETIES!

M. K. Gupta
(9810550172)
There has been no draw for the last over one year and the Societies are saying that the RCS is sleeping over the matter. Recently, some interim High Court orders have been pronounced which are apparently against the RCS office. Now, it has been reliably learnt that Hon’ble Lt. Governor Tejendra Khanna has called a meeting to discuss the issue of draw in the remaining societies on 5th May, 2010. The issue of regularization of self-draw conducted by some societies in January, 2010 is also likely to be discussed

Delhi High Court has imposed a cost of Rs. 15,000/- on the Registrar of Co-operative Societies for not filing the counter-affidavit before it on 20th April in the case of Apni CGHS, Sector 12, Dwarka. In this case, the Society filed an urgent writ petition in Delhi High Court and the Court issued notice to RCS for reply within a time frame fixing 20th April, 2010 as the date of hearing but the RCS did not reply. Taking a strong view to this, the Court awarded the aforesaid cost against the defaulting officer (s) of the RCS and ordered to deduct the same from the salary (ies) of defaulting officer (s). A Division Bench comprising Justice Sanjay Kishan Kaul and Justice Valmiki J. Mehta also ordered filing the counter-affidavit within two-week subject to payment of the cost to the petitioner within the same period and said that the RCS will file the rejoinder, if any, within a week thereafter. Court also ordered that in the case of the Society should not be referred to the Committee constituted under DCS rules. The next date of hearing has been fixed on 26.5.2010.

In another matter of Raj Vihar GGHS Ltd. v/s RCS (WP No. 100066/2004 a Division Bench headed by Justice Arjun Sikri J. has passed a specific order on 20.04.2010 in favour of the society whose members were waiting for the allotment of the flats for the last more than 4 years despite submitting all the requisite documents with the RCS. In this matter, the Assistant Registrar assured the Court that if the petitioner is correct that all the documents were handed over almost two years ago and the RCS has cleared the society of all charges except one person who was put on trial, the matter shall be processed with the DDA for allotment and assured that the decision shall be taken and conveyed to the society within two-week.

Shri Asok Kumar – who was on the forefront of the self-draw in Societies – said that the Apni CGHS pleaded in the Court that its building was ready for the last 5 years and deteriorating, the Society submitted the documents three years ago and the Provisional Occupancy Certificate and Completion Certificate were already obtained but the file has not moved for the draw. He said that since the documents were submitted prior to the cut off date viz. 19.10.2007, the file of the Society should have been sent to the DDA for draw, as was done in the case of Asha Deep Society, instead to the Committee.

(The decision in the case of WP No. 1877/2010 and CM Application No. 3752/2010 is available on High Court web site).

The Societies which have gone for self-draw in January this year are being victimized by the Registrar of Co-operative Societies! RCS recently appointed an administrator in the Saptparni Society, Sector 19 pleading that it has not conducted elections on time while the Society said that it sent two letters to RCS for the appointment of Returning Officer in November, 2009 and in February 2010. On 22nd April, the Delhi High Court has stayed the appointment of the Administrator and it was informed that the Returning Officer should be appointed soon. The next date of hearing is 25.5.2010.

Member of Rajya Sabha Syed Azeez Pasha of CPI has written letter to Shri Tejendra Khanna, Lt. Governor highlighting the apathy of the Registrar and has solicited L-G’s immediate intervention. He has requested the L-G to regularize the self-draw. Mr. Pasha said, “RCS has failed to clear even a single file for draw for the last more than a year which clearly gives rise to suspicion about the whole thinking process.” He said, “if the cooperative movement is to survive, then powers should be left with societies and RCS should only be umpire to settle dispute, if any”. He has written “there is a need of serious consideration as to why not OUT SOURCE the job of vetting documents in RCS officer in line with many organizations adopting it world wide. He said that earlier issuance of PAN card in Income Tax Department took up to 2 years but now this work is done by UTI in 15 days maximum in a transparent manner without any corruption and the public is also happy with this system. The accountability aspect in RCS officer needs serious examination vis a vis taxpayers money spent by the RCS. He said that it has come to out notice that there is rampant corruption in RCS officer and hefty amount have been reported to have exchanged hands when that office cleared the files of approximately 28 societies that were not covered by the CBI investigation. He also demanded a CBI inquiry in to the assets of the officials of RCS.

Ashok Chaitanya, Advocate, High Court highlights the sufferings of the thousands of member who are not only paying installments of loan taken for these flats but also paying rent for the house wherein they are living at present. Above all, the conditions of the flats which should be allotted to them is deteriorating as they are vacant.

In a reply dated 23.10.2009 to an RTI application filed by Md. Shahid Anwar, Advocate, M.S. Negi, Sr. Accounts Officer, RCS has informed that till date in the financial year 09-10, the expenses of RSC office were over 6 crore which comes to rupees one crore per months. Mr. Rajendra Arya, Advocate questions the output of the RCS officer despite these huge expenses.

Other contacts, for further information –
Mr. Asok Kumar – 9868708842,
Ashok Chaitanya, Adv. High Court-9811638615,
Rajendra Arya, Advocate- 9958593012,

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