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MINUTES OF THE 33rd ANNUAL GENERAL MEETING HELD ON THE 24TH OF SEPTEMBER. 2023.
Chairman Mr. Jason O’Connor took the chair and the meeting scheduled for 04.30 P.M. was adjourned for 30 minutes for want of quorum thereafter members assembled and the meeting was called to order at 05:10 P.M. as No quorum was necessary. 31 Members who were present & signed the register and constituted the quorum
The Chairman Welcomed all the members to the 33RD JHCHS AGM, 2023 and read out the Notice, Chairman mentioned that as on date, no written Objection was received from members as per stipulated time lines / or until the date of the AGM — scheduled for 05:00 pm on the 24/09/2023
Obituaries
WITH PROFOUND SORROW, WE MOURN THE PASSING AWAY OF TWO OF OUR MEMBERS, OUR DEEPEST CONDOLENCES TO THEIR FAMILIES, MAY THEIR SOULS REST IN PEACE.
As a token of our respect the Chairman requested all members present to stand and observe 02 minutes silence for – Mr. Manpreet Singh Sodhi , Shri Asharam Oza and Mrs. Kamla bai Thorat, mother of Mr. Ashok Thorat
1. Registration of Members.
31 members present at the start of the meeting based on the AGM register signed.
2. Chairman's speech
Excerpts from Chairmans speech.
Chairman mentioned that this – AGM has broken yet another record for the 6th consecutive year in a row JHCHS certified as a “A1 SOCIETY” by our Auditors.
Chairman mentioned that this achievement would not be possible, without the hard work and dedication of the past and current Management Committee and on behalf of all JHCHS members, put on record our sincere thanks and gratitude to the following members for their contribution to the affairs of JHCHS.
Chairman quoted – Mahatma Gandhi — Saying, “The best way to find yourself is to lose yourself in the service of others “
3
Club House Upgradation
3,00,000
4
Main Gate beautificationn
2,00,000
5
Entrance canopy
1,15,000
6
URGENT REPAIRS FOR WATERPROOFING OF DEAD WALLS - 8 NOS.
1,15,000
TOTAL
12.50,ooo
RESOLUTION: 3
"RESOLVED THAT ABOVE ESTIMATED COST IS APPROVED." PROPOSED BY MR. ASHOK THORAT
SECONDED BY MR. DWITEN SHIRODKAR
7. Totable Structural Audit report submitted by M/S. Avon Projects
TREASURER MR. MAHESH KASHYAP READ THE SUMMARY OF THE STRUCTURAL AUDIT REPORT SUBMITTED BY M/s AVON PROJECTS. THE REPORT CLEARLY STATED THAT,
QUOTE "
- RCC STRUCTURE IS FOUND VERY WEAK AND NON DESTRUCTIVE TEST CARRIED OUT AT VARIOUS LOCATIONS IN FLATS, COMMERCIAL PREMISES, STILT AND GODOWNSREVEALED THAT 72% RESULTS HAVE SHOWN DOUBTFUL QUALITY OF CONCRETE AND RESULTS ARE BELOW PAR. THIS REMAINS A SERIOUS CAUSE OF CONCERN.
- THE BUILDING HAS EXTERNAL LEAKAGES AT 74 LOCATIONS
- STRUCTURAL DEFECT IS OBSERVED AT 142 LOCATIONS
- CEILING DEFECT IS OBSERVED AT 66 LOCATIONS.
- INTERNAL LEAKAGES AND CAPILLARY ACTION IS OBSERVED AT 53 LOCATIONS.
- TERRACE LEAKAGES IS OBSERVED IN 06 LOCATIONS.”
UNQUOTE
THE COMMITTEE ALSO INFORMED THE MEMBERS THAT REPORT MENTIONS ESTIMATE TO CARRY OUT SRUCTURAL REPAIRS IS ESTIMATED AT WITHOUT TAXES. BUT EXPERIENCED MEMBERS HAVING ENGINEERING BACKGROUND WERE OF OPINION THAT, QUANTITY INCREASE TO BE CONSIDERED DUE TO AGING OF THE STRUCTURE AND INCREASE IN SCOPE OF WORKS. THUS CONSIDERING THE INCREASE AND ADDING FOR THE TAXES ESTIMATE OF REPAIRS WILL BE AND ADDING ON THE APPROVED
BUDGET AS STATED IN AGENDA NO. 6 VALUED AT Rs.12 50 OOO THUS MEMBERS HAVE TO CONTRIBUTE RS.
2 BHK FLATS NEED TO CONTRIBUTE APROX. RS. 2.30.000 AND 1 BHK FLATS APROX. RS.1 70 OOO IN THIS FY 2023-2024.
MR. KISHOR SAWANT QUESTIONED THE CIVIL ENGINEERING MEMBERS THAT AFTER PENDING SUCH HEFTY AMOUNT, WILL THE STRUCTURAL REGAIN ITS ORIGINAL STRENGTH? ND MEMBERS SHALL GET RID OF THE LEAKAGES AND FURTHER REPAIRS FOR AT LEAST 10 RS? TO WHICH MR. JOY REPLIED THAT, AS A STRUCTURE IS MORE THAN 33 YEARS OLD, EPAIRS ARE GOING TO BE REQUIRED FROM TIME TO TIME.
MR. KISHOR SAWANT ALSO RAISED THE QUERY THAT, SINCE THE WEAK STRUCTURAL AUDIT REPORT OF THE BUILDING IS IN PLACE AND GOD FORBID IF ANYTHING HAPPENS TO THE BUILDING THEN OUR INSURANCE CLAIM SHALL NOT BE TENABLE.
THE CHAIRMAN REQUESTED ALL MEMBERS TO VOICE THEIR OPINION ON THE SAME AS RECORDED BELOW.
- MAJORITY OF MEMBERS WERE OF THE OPINION THAT, MAJOR REPAIRS TO THE BULDING WERE CARRIED OUT TWICE IN THE SPAN OF 12 YEARS. AND NOW SINCE THE AGE OF THE BUILDING IS ALMOST 35 YEARS INCURRING SUCH HUGE COST FOR REPAIRS IS UNVIABLE AND HENCE OPTION OF REDEVELOPMENT OF THE BUILDING TO BE CONSIDERED. FURTHER SINCE MAJORITY OF MEMBERS ARE SENIOR CITIZENS WITH NO RESOURCE OF INCOME MEMBERS IT IS DIFFCULTTO ARRANGE SUCH HUGE FUNDS.
- FEW MEMBERS WERE OF OPINION THAT, TILL THE TIME REDEVELOPMENT PROCESS IS INITIATED URGENT REPAIRS TO BE IDENTIFIED AND NEEDS TO BE ADDRESSED.
- FEW MEMBERS WERE UNDECIDED ON WHAT TO BE DONE.
- MR. AMIT MEHTA SENIOR MEMBER OF THE SOCIETY (GODOWN NO. 02) HAD SENT VOICE MESSAGE FOR THE AGM SUGGESTING HIS OPINION THAT THE MEMBERS SHOULD EXPLORE OPTION OF REDEVELOPMENT IN WHICH WE CAN GET BETTER QUALITY CONSTRUCTION, LATEST FACILITIES, BETTER AMENITIES AND LIFESTYLE, ADDITIONAL AREAS, BETTER COMMERCIAL VALUES. HIS VIEWS WERE SUPPORTED IN THE GROUP BY M/s MIDMARK (MR. SUHAS) GODOWN NO. 1, PR. A, SHOP NO. 1).
AFTER HEARING ALL MEMBERS, DR. RAMA RAO (LEGAL CONSULTANT) INFORMED THAT, AS THE BUILDING HAS CROSSED THE AGE OF 30 YEARS SO THE BUILDING CAN BE REDEVELOPED BUT REDEVELOPMENT IS AN AGENDA BY ITS OWN AND THERE ARE SEVERAL PROVISIONS MADE IN THE BYE LAWS FOR THE SAME SUCH AS REDEVELOPMENT SHOULD BE DISCUSSED IN SPECIAL GENERAL BODY MEETING WITH ONE POINT AGENDA, APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT WHO WILL GIVE FEASIBILITY PROPOSAL WHICH CAN BE DISCUSSED IN FORTHCOMING GENERAL BODY MEETING. DR. RAO HAS ALWAYS PROVIDED GUIDANCE TO THE SOCIETY ON ALL LEGAL MATTERS VOLUNTARILY HENCE AGM HEREBY AUTHORIZES
DR. RAO TO PLAY AN ACTIVE ROLE ALONGWITH MANAGEMENT COMMITTEE AND ATTEND ALL REDEVELOPMENT MEETINGS TO BE HELD HENCEFORTH.
RESOLUTION : 4
RESOLVED THAT
1. MANAGING COMMITTEE TO WRITE A LETTER TO M/s AVON PROJECTS TO TABLE A LIST OF URGENT REPAIRS TO BE CARRIED OUT.
2. AS MAJORITY OF THE MEMBERS FEEL THAT, OPTIONS OF REDEVELOPMENT TO BE EXPLORED INSTEAD OF SPENDING HIGH BUDGET ON REPAIRS. AGM HEREBY AUTHORIZES THE MANAGING COMMITTEE TO CALL FOR A SPECIAL GENERAL BODY MEETING WITH ONE POINT AGENDA OF REDEVELOPMENT OF JANAK HOUSE CHSL
3. ALL MEMBERS ARE HEREBY REQUESTED TO OBTAIN QUOTATIONS FROM THEIR KNOWN SOURCES TO ENCOURAGE COMPETITIVE BIDDING FOR APPOINTMENT OF PMC WITHIN 45 DAYS.
4. AGM ALSO APPOROVED AND AUTHORIZES THE MANAGING COMMITTEE TO TAKE QUOTATIONS FROM ‘PROJECT MANAGEMENT CONSULTANT’ PMC AND PUT FORTH THE SAME IN THE SPECIAL GENERAL BODY MEETING”
PROPOSED BY. DR. RAMA RAO
SECONDED BY. Mr. JOY AMBOOKAN
To appoint auditor for the statutory audit for the year 2023-24
Chairman Mr. Jason mentioned that appointment of auditor M/s. KIRAN GADHAVE, CA/GOVT – CERTIFIED – REG; EMPANELMENT NO – 1013082 for the year 2023-24 is be & herby ratified.
RESOLUTION: 05
"RESOLVED THAT M/s. KIRAN GADHAVE, GOVT - CERTIFIED - REG/MPANELMENT NO - 1013082 BE & HEREBY APPOINTED AS STATUTORY AUDITOR TO AUDIT THE ACCOUNTS OF THE JANAK HOUSE CO-OP-HSG -SOCIETY FOR THE YEAR 2023/2024" PROPOSED BY. DR. RAMA RAO
SECONDED BY. MRS. JYOTI HINGU
AGM MINUTES OF THE 34th ANNUAL GENERAL MEETING HELD ON SUNDAY, THE 29TH DAY OF SEPTEMBER, 2024.
Chairman Mr. Jason O’Connor took the chair and the meeting scheduled for 10.00 A.M. was adjourned for 30 minutes for want of quorum. Thereafter members assembled and the meeting was called to order at 10.30 A.M. as no quorum was necessary. 37 Members were present, signed the register and thus constituted the quorum.
The Chairman Welcomed all the members to the 34th JHCHS AGM,
He read out the Notice of AGM and mentioned that as on date, no any written Objection had been received from any member within stipulated time lines given / or until the date of the AGM – scheduled for 10.00 AM on 29/09/2024. The meeting was started with the auspicious prayer recited by Mrs. Jyoti Hingoo.
Obituaries
WITH PROFOUND SORROW, WE MOURN THE PASSING AWAY OF ONE OF OUR MEMBERS, OUR DEEPEST CONDOLENCES TO THEIR FAMILIES, MAY THEIR SOULS REST IN PEACE.
As a token of our respect the Chairman requested all members present to stand up and observe 02 minutes silence for the attainment of peace to the departed soul – Mr. HARIRAM BHANUSHALI, husband of Mrs. Vimla Bhanushali- Flat No.23.
- Registration of Members.
37 members were present at the start of the meeting based on the AGM register signed.
- Chairman’s speech
Excerpts from Chairman’s speech:
By Jason O’Connor
Good morning, everyone.
It is my great privilege to welcome you all to the 34th Annual General Meeting.
Thank you for being here today.
I would like to begin with a thought-provoking quote:
“The strength of a community lies in the unity of its members, and together, we can overcome any challenge.”
I request all members to be mindful during the discussion. Please address your questions to the chair, and refrain from speaking out of turn. It’s important to maintain decorum to ensure that every member has an equal opportunity to voice their concerns or raise questions.
As this is an AGM, every member has the right to participate in a fair and free discussion. I ask that we all maintain respect for one another and speak with civility. Any personal attacks will not be tolerated. Should any disruptions occur, the chair will intervene to restore order. If an extended debate is necessary, we will allow for a reasonable time, and if no amicable decision is reached on any matter listed in the agenda for today, we will resolve matters by a show of hands.
One key decision, we’ll be discussing today, is the withdrawal of fixed deposits upon their maturity. This will help address the deficit caused by certain members not fulfilling their financial commitments, which has placed a burden on managing the society’s affairs.
We have received grievance letters from some members, which will be addressed at respective points of Agenda or at the end of today’s session during “Other Matters.”
Before we proceed, I would like to extend my heartfelt thanks to our Management Committee team – the Secretary, Treasurer, Committee Members, and a special acknowledgment to Senior Member Dr. Rama Rao for his invaluable inputs and unwavering support throughout the year. Your dedication has been instrumental in guiding us through.
With that, let us now move forward strictly by the agenda as we progress through the day.
Thank you all once again for your time, and let’s make this a productive meeting.
Chairman mentioned that this year JHCHS society has been certified as a “B SOCIETY” by our Auditors.
Chairman mentioned that this achievement would not be possible, without the hard work and dedication of the past and current Management Committee and on behalf of all JHCHS members. We put on record our sincere thanks and gratitude to the following members for their contribution to the affairs of JHCHS.
Chairman quoted – Mahatma Gandhi – Saying, “The best way to find yourself is to lose yourself in the service of others “
A flowery gift was presented to following members as token of love and appreciation.
Chairman felicitated:
Chairmen felicitated Mr. Amiruddin Kazi for his continued efforts in getting the hurdles resolved in the process of Redevelopment of society building and still working hard for the same.
Chairman also facilitated Mr. Devi Prasad, Secretary, for rendering honorary services to society during his tenure terminating soon on account of his resignation from the post.
Chairman thanked all the members & the MC for the kind gesture and for showing their confidence in their ability to lead the MC.
- To read and confirm the minutes of the 33rd Annual General Meeting held last year.
Chairman mentioned that minutes of 33rd AGM were circulated to all the members. No any Members comments were received in draft minutes.
The Chairman moved the following resolution.
RESOLUTION: 01
“RESOLVED THAT THE MINUTES OF THE 33rd ANNUAL GENERAL BODY HELD ON Sunday the 24th September 2023 BE AND HEREBY CONFIRMED”
PROPOSED BY MR. JOY AMBOOKEN
SECONDED BY MR. RAJU AJWANI
- To confirm the managing committee Annual Report during the year 2023 – 2024.
Treasurer Mr. Mahesh Kashyap read over & explained important works carried out by Managing Committee during the year 2023-24.
The members approved and confirmed the report as accepted.
RESOLUTION:02
“RESOLVED THAT THE ANNUAL MANAGING COMMITTEE REPORT FOR THE YEAR 2023-2024 IS HEREBY DISCUSSED AND APPROVED”
PROPOSED BY: MRS. NETALIA JASON O’ CONNOR
SECONDED BY: MISS SHIRIN D’SOUZA
- To adopt the Auditors Balance sheet and Income/ Expenditure Account for the year ending 31st March 2024 along with Audit Report.
Mr. A.Kazi has proposed his displeasure at page no. 20 – “Audit classification”.
Audit Classification given by auditor as B grade while since last 7 years’ society was being classified as “A” Grade. Accountant Mr. Sundeep Kolaki explained that there were many defaulters in society as on 31st March’24 and there were some other objections of auditor, hence ‘B’ grade was awarded. However, This classification, anyway, does not effect on the efficiency of Managing Committee or the finances of society.
Dr. Ramarao questioned why there is excess of expenditure over income? Mr. Huliyalkar being a CA and internal auditor of society explained that there are some carry over losses from last year, but this year the TDS on interest on deposit shown in expenses will be refunded back on filing I.T. Return. Since there is sufficient balance of Fixed deposits, the so called losses can be adjusted. The Chairman moved the following resolution.
RESOLUTION: 03
“RESOLVED THET THE AUDITED BALANCE SHEET, INCOME & EXPENDITURE ACCOUNTS OF THE SOCIETY FOR THE FINANCIAL YEAR 2023-24 BE AND HEREBY ADOPTED”
PROPOSED BY DR. RAMA RAO
SECONDED BY MR. AMMIRUDDIN KAZI
- To discuss and approve budget estimate for 2024-25
Dr. Ramarao said that the budget estimates and expenditure in Remarks column should not be shown in the same table. The budget estimates for the expenditures to be passed for the forthcoming year should be in a separate table. However, since almost six months of the captioned year were already passed, the expenditure incurred during this period may be shown in a separate table.
Suggestion of members is noted. The budget estimates put up for approval of members were put up as follows:
S.No.
Particulars of Job
Amount
1
Terrace waterproofing
90000
2
Civil repair & maintenance, external waterproofing
190000
3
CCTV retrofit
25000
4
Gardening
12000
5
Tree trimming
75000
6
electrical maintenance & consumables
25000
7
Repair & maintenance to driveway in & out
25000
8
Gutter cleaning
12000
9
MC Charges for 2nd Phase & Other Charges
150000
10
Legal Expenses
50000
11
TOTAL
564000
EXPENSES DONE TILL AUGUST 2024
Rs. 90000/- paid for Terrace waterproofing
Rs. 2620/- on plumbing work
Rs. 15800/- expenses done for Camera and screen replacement
Rs. 5000/- spent for Gardening
Rs. 3000/- paid for trimming of trees
Rs. 3000/- expenses done on purchase of lights and bulbs
Rs.10000/- expenses done on patch work in driveway
Rs.4000/- paid to gutter cleaner
Rs. 133420/- paid
Mr. Kashyap further sought the approval of members to break any Fixed Deposit in Mumbai Metropolitan Cooperative Bank Ltd. to meet the budget expenses as and when required. After a brief discussion, the members approved to break FD in case of need.
RESOLUTION: 04
“RESOLVED THAT ABOVE ESTIMATED COST IS DISCUSSED & APPROVED.”
PROPOSED BY Dr. RAMARAO
SECONDED BY Mr. MADHUSUDAN CHAD
- TO APPOINT AUDITOR FOR THE STATUTORY AUDIT FOR THE YEAR 2024-25
Chairman Mr. Jason mentioned that being 3rd year, appointment of auditor M/s. KIRAN GADHAVE, CA/GOVT – CERTIFIED – REG; EMPANELMENT NO – 1013082 for the year 2024-25 may be ratified
RESOLUTION: 05
“RESOLVED THAT M/s. KIRAN GADHAVE, GOVT – CERTIFIED – REG/MPANELMENT NO – 1013082 BE & HEREBY APPOINTED AS STATUTORY AUDITOR TO AUDIT THE ACCOUNTS OF THE JANAK HOUSE CO-OP-HSG -SOCIETY FOR THE YEAR 2024/2025”
PROPOSED BY: DR. RAMA RAO
SECONDED BY: MRS. JYOTI HINGOO
- TO TABLE LETTERS RECEIVED FROM AUTHORITIES TABLED.
There were no any letters from authorities during the preceding year.
- TO RATIFY THE TRANSFER APPROVED BY THE MANAGING COMMITTEE:
There were no any transfer applications during the year.
- TO BRIEF FEASIBILITY REPORT RECEIVED FROM PMC M/s. RAMNANI & ASSOCIATES REGARDING REDEVELOPMENT OF SOCIETY:
Feasibility report was circulated & discussed at Special General Body meeting held on 28/09/2024. Those members who have not attended the SGM, the copy of Feasibility report was circulated to them. Since Mr. Suhas Vankurde, representative of M/s Midmark, Godown No.1 and Mr. Amit Mehta Of Godown No.2 were present, a brief about Feasibility Report was given to them by Mr. Kazi.
- PRESENTATION OF FEASIBILITY REPORT AND Q&A SESSION BY Mr. RAJESH SHENOY ON BEHALF OF M/s. RAMNANI & ASSOCIATES:
Mr. Rajesh Shenoy presented himself on 28th September,2024 in Special General Meeting and presented the Feasibility Report, Discussed and answered the queries of members present. Those members who had not attended SGM, the copy of Feasibility report was circulated to them. As such this point of Agenda was dropped, but the repercussion arising out of excess areas of Godown Nos.1 &2 as shown in survey Report and affecting the feasibility of redevelopment project, were discussed under point No.14. The Minutes of SGM dated 28.09.2024 has since been circulated to all.
- TO DISCUSS ISSUES ARISING OUT OF CONTINUED BREACH OF SOCIETY INSTRUCTIONS ISSUED TO Mr. RAJESH SHARMA OF FLAT No. 2 AS PER MINUTES OF 30th AGM AND MAHARASHTRA CHS BYE-LAWS.
The chairman informed the house that the society has received letters from the owner of shop No.4,5 & 6, situated right beneath the terrace of Flat No.2, that they have suffered massive damage in their shops due to heavy leakage of water from the terrace of Mr. Sharma. The issue was taken up in a recent Managing Committee Meeting dated 13.09.2024 by inviting all the aggrieved shop owners and Mr. Rajesh Sharma.They were allowed to show their damages caused by Mr. Sharma and discuss the issue of reimbursement of damages or repairs. It was opined by all the members that the main cause of leakage is due to excess of watering the heavy plantation and turf work done on the terrace inducing the seepage of water through the wall and wet terrace into roof of shops beneath.
Mr. Sharma was therefore asked to remove plantation and turf from their terrace, but it appeared that no action was taken by Mr. Sharma in this regard.
The same issue was taken up in 30th AGM duly attended by Mr. Sharma regarding complaint of Terrace garden and blocking of natural light, cross ventilation and air in the passage of 2nd floor on the complaint of Flat owners of the same floor. In that meeting, it was resolved to penalize the member as per Bye-Law No.169(a), if the violation continues on part of the member and no efforts are put in by the member to stop violating/breaching the Bye-law, directions given by the society continuously.
Bye laws no. 169(a) states that, “All open /common area meant for use of all Members for e.g. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities. Also Members must use the flat /unit for the purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed”.
A police complaint was made regarding damages of shops and a letter was also written to Registrar of co-operative Societies to interfere and take remedial action recently. But no any implementation of society’s directives are being observed since then.
Bye laws no. 165(a) was read over “The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the Member persists in continuing the breach/breaches, the Committee shall give the notice to the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year”. This bye-law No.165(a) read with bye-law no.169(a) of Maharashtra CHS Bye-laws, on account of continuous breach of society directives and bye-laws renders Mr. Rajesh Sharma liable to pay a penalty of Rs.5000/- as per directive of law.
Issue of one more Show Cause notice was not considered at this stage as the member was present time and again in several meetings. This is not the first time, these breaches of law wilfully being continued regardless of the co- members’ objections, Society’s Resolutions and Bye-laws “ Change of user” persistently being imposed by the member. As such, the cause is already known to Mr. Rajesh Sharma, extensively discussed in 30th AGM duly attended by him.
Members Unanimously Agreed To Penalize Mr. Rajesh Sharma, Owner Of Flat No.2, With a Penalty Of Rs.5000/- as Per Bye–Law No.165(a) and that site inspection to be taken once in every 3 months by the MCM, Status Report to be made and discussed by the MCM to consider whether to continue the the yearly penalty and/or to initiate further legal course of action after giving due opportunity to the member for rectification. Next AGM to be apprised of the quarterly status reports before continuing the penalty or notice as to further course of action before the appropriate and competent legal authorities.
- TO DISCUSS LEGAL ISSUES WITH FLAT NO.17 OF M/s. M.B.BODA & Co.
Mr. Nabil Khan attended on behalf of M/s M.B. Boda & Co. with a letter of authority. He was asked a question regarding the status of Mr. Sheshadri staying in their Flat No.17. He replied that Mr. Sheshadri is no more the employee of his company and that his status as “tenant or not” is subject to the decision of company. He agreed to the proposal of chairman and other members to be charged with Non-Occupancy charges in the Maintenance bills of Flat No.17 henceforth with arrears of last 3 years with interest.
RESOLUTION 6:
FLAT NO.17 BE AND HEREBY CHARGED WITH NON-OCCUPANCY CHARGES FROM THE CURRENT MONTH BILL WITH ARREARS OF LAST 3 YEARS CUMULATIVELY WITH INTEREST.
PROPOSED BY: MR. A. KAZI
SECONDED BY: MR. RAMA RAO
- (A) TO DISCUSS ILLEGALLY CONSTRUCTED AREAS OF GODOWN No.1 AND GODOWN No.2:
Godown 1:
Managing Committee informed that as per available society records i.e. Occupation Certificate dated 17/10/1989 and MCGM approved plans drawing no. J72 – PMUN – 110 /6 dtd. 11/11/1987 & J72 – PMUN – 108 /6 the following observations are recorded below:
Area indicated in stilt are of free of FSI & was supposed to be a part of Shop areas and hence was not to be sold under a different identity. Staircases from individual shops at Ground level coming to the stilt level store are also clearly indicated in the drawings. Hence they are not legal owners of these stilt stores.
The sale agreement plan dated 03/02/1990 between M/S Ankeet Enterprise and M/S Metal Bed India indicates that they have purchased Godown 1 which is not approved as per OC plans.
Apart from above, it is also observed that there is extended construction in stilt ( From the shop till the building compound wall / MCGM footpath), the same was informed to them vide Society’s letter dated 28/06/2024. Licensed Surveyor’s drawings and area calculations mentioning illegal construction of 2001.6 Sft. carpet area were also attached with this letter. Current owner of Godown no. 1 ‘M/S Midmark (India) Pvt. Ltd.’ have failed to clarify their stand since last 3 months.
These illegal extensions with level difference in floors for more than1 feet of basement are clearly visible in their premises.
Godown 2:
It is observed that area indicated in stilt is of free of FSI & was supposed to be a part of Shop areas and hence was not to be sold under a different identity. Staircases from individual shops at Ground level coming to the stilt level store are also clearly indicated in the drawings. Hence they are not legal owners of these stilt stores.
The sale agreement plan dtd. 06/06/1991 between M/S Ankeet Enterprise and Mr. Amit Mehta indicates that they have purchased Godown 2 which is not approved as per OC plans.
Apart from the above it is also observed there is extended construction (from the shop till the building compound wall / MCGM footpath) of stilt which was informed to them vide letter dated 11/07/2024. Licensed Surveyor’s drawings and area calculations mentioning illegal construction of 688.63 Sft carpet area were also attached with this letter. Owner of Godown no. 2 ‘Mr. Amit Mehta’ have failed to clarify their stand since last 3 months. These illegal extensions with level difference in floors more than 1 feet of basement are clearly visible in their premises.
ACTION PLAN FOR GODOWN 1 & 2:
Mr. Suhas Wankurde, representative of M/s Midmark raised objection to use the word ‘illegal’ for their extended construction in Godowns. Chairman informed the owners of Godown 1 & 2 to submit revised occupation certificate and revised MCGM approved plan supporting the legality of the construction. Chairman also assured that, existing OC and MCGM plan will be made available to the owners/ Members for their inspection, if they wish. The owner/members requested to allow time period of 15 days to obtain revised OC and MCGM drawings which shall be submitted to the society, failing which their occupation will be deemed illegal and not as per MCGM approved plan and OC..
Hence Resolution is passed as under:
As per available records in society i.e. Occupation certificate, approved plans of MCGM and sale plans attached to sale agreement it is observed that, majority of the areas in basement are found to be illegal. Society has informed the same to owners of Godown nos. 1 & 2 vide letters. But have failed to receive any response from the owners on the subject matter. Both owners remained absent in Special General Body Meeting held on 28-09-2024 in spite of service of written notice.
RESOLUTION No. 07:
“RESOLVED THAT,
THE OWNERS OF GODOWN 1 & 2 TO SUBMIT REVISED OCCUPATION CERTIFICATE AND REVISED MCGM APPROVED PLAN SUPPORTING THE LEGALITY OF THE MENTIONED STRUCTURE WITHIN 15 DAYS I.E. 15-10-2024. FAILING IN WHICH SOCIETY WILL CONSIDER THIS AS VIOLATION OF LAWS AND WILL BE BOUND TO TAKE ACTION AGAINST THIS ILLEGAL CONSTRUCTION BY INFORMING THE AUTHORITIES AS PER LAW IN THE PROCESS OF RE-DEVELOPMENT OR OTHERWISE.
PROPOSED BY: MR. MOHAN HULIYALKAR
SECONDED BY: MR. AMIRUDDIN KAZI
- (B): PENDING MAINTENANCE DUES OF M/S MIDMARK INDIA PVT. LTD.
Chairman informed the owners to immediately make payments for pending arrears of maintenance dues to avoid any legal action.
- ANY OTHER MATTER WITH THE PERMISSION OF CHAIR:
Chairman Mr. Jason said that Mr. Devi Prasad has put up his Resignation Letter from the post of Honorary Secretary. As per Bye-Law No.130 and 131 (b),(c) and (d), if a member of the Committee may ,by a letter addressed to Chairman, resigns his membership of the committee which will be effective, in case of secretary resigning, only after its acceptance by chairman and after handing over the charge to the newly appointed secretary and has brought up to date the work entrusted to him and has produced the entire papers and property in his possession to the committee and that after the Committee is satisfied. For this purpose, the committee has proposed the name of Mr. M.K. Kashyap, presently holding the post of Treasurer as would be secretary, till he hands over his charge to a newly appointed treasurer to be nominated by the Committee. This is being announced for the information of all members gathered here in this AGM.
- Vote of thanks:
Chairman requested Mr. MAHESH KASHYAP to do the honors:
Mr. Kashyap as always, does a splendid job whenever called to address a gathering.
Mr. Kashyap appreciated the contribution of all members for their support to the MC and JHCHS interest and proposed a hearty vote of thanks. He invited all members and their families to come down and join in the afternoon lunch celebration. Every time Mr. Kashyap is called upon to do the job which he seems to have mastered by now, he never disappointed the House which was in splits of laughter with his poetic jokes.
There was no other matter to be discussed in the AGM, meeting was adjourned at 1.30 PM to be followed with a sumptuous lunch.
FOR JANAK HOUSE CHS LTD.
HON.CHAIRMAN Hon.Secretary
society matters
Govt. Policies
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MINUTES OF THE 33rd ANNUAL GENERAL MEETING HELD ON THE 24TH OF SEPTEMBER. 2023.
Chairman Mr. Jason O’Connor took the chair and the meeting scheduled for 04.30 P.M. was adjourned for 30 minutes for want of quorum thereafter members assembled and the meeting was called to order at 05:10 P.M. as No quorum was necessary. 31 Members who were present & signed the register and constituted the quorum
The Chairman Welcomed all the members to the 33RD JHCHS AGM, 2023 and read out the Notice, Chairman mentioned that as on date, no written Objection was received from members as per stipulated time lines / or until the date of the AGM — scheduled for 05:00 pm on the 24/09/2023
Obituaries
WITH PROFOUND SORROW, WE MOURN THE PASSING AWAY OF TWO OF OUR MEMBERS, OUR DEEPEST CONDOLENCES TO THEIR FAMILIES, MAY THEIR SOULS REST IN PEACE.
As a token of our respect the Chairman requested all members present to stand and observe 02 minutes silence for – Mr. Manpreet Singh Sodhi , Shri Asharam Oza and Mrs. Kamla bai Thorat, mother of Mr. Ashok Thorat
1. Registration of Members.
31 members present at the start of the meeting based on the AGM register signed.
2. Chairman's speech
Excerpts from Chairmans speech.
Chairman mentioned that this – AGM has broken yet another record for the 6th consecutive year in a row JHCHS certified as a “A1 SOCIETY” by our Auditors.
Chairman mentioned that this achievement would not be possible, without the hard work and dedication of the past and current Management Committee and on behalf of all JHCHS members, put on record our sincere thanks and gratitude to the following members for their contribution to the affairs of JHCHS.
Chairman quoted – Mahatma Gandhi — Saying, “The best way to find yourself is to lose yourself in the service of others “
3
Club House Upgradation
3,00,000
4
Main Gate beautificationn
2,00,000
5
Entrance canopy
1,15,000
6
URGENT REPAIRS FOR WATERPROOFING OF DEAD WALLS - 8 NOS.
1,15,000
TOTAL
12.50,ooo
RESOLUTION: 3
"RESOLVED THAT ABOVE ESTIMATED COST IS APPROVED." PROPOSED BY MR. ASHOK THORAT
SECONDED BY MR. DWITEN SHIRODKAR
7. Totable Structural Audit report submitted by M/S. Avon Projects
TREASURER MR. MAHESH KASHYAP READ THE SUMMARY OF THE STRUCTURAL AUDIT REPORT SUBMITTED BY M/s AVON PROJECTS. THE REPORT CLEARLY STATED THAT,
QUOTE "
- RCC STRUCTURE IS FOUND VERY WEAK AND NON DESTRUCTIVE TEST CARRIED OUT AT VARIOUS LOCATIONS IN FLATS, COMMERCIAL PREMISES, STILT AND GODOWNSREVEALED THAT 72% RESULTS HAVE SHOWN DOUBTFUL QUALITY OF CONCRETE AND RESULTS ARE BELOW PAR. THIS REMAINS A SERIOUS CAUSE OF CONCERN.
- THE BUILDING HAS EXTERNAL LEAKAGES AT 74 LOCATIONS
- STRUCTURAL DEFECT IS OBSERVED AT 142 LOCATIONS
- CEILING DEFECT IS OBSERVED AT 66 LOCATIONS.
- INTERNAL LEAKAGES AND CAPILLARY ACTION IS OBSERVED AT 53 LOCATIONS.
- TERRACE LEAKAGES IS OBSERVED IN 06 LOCATIONS.”
UNQUOTE
THE COMMITTEE ALSO INFORMED THE MEMBERS THAT REPORT MENTIONS ESTIMATE TO CARRY OUT SRUCTURAL REPAIRS IS ESTIMATED AT WITHOUT TAXES. BUT EXPERIENCED MEMBERS HAVING ENGINEERING BACKGROUND WERE OF OPINION THAT, QUANTITY INCREASE TO BE CONSIDERED DUE TO AGING OF THE STRUCTURE AND INCREASE IN SCOPE OF WORKS. THUS CONSIDERING THE INCREASE AND ADDING FOR THE TAXES ESTIMATE OF REPAIRS WILL BE AND ADDING ON THE APPROVED
BUDGET AS STATED IN AGENDA NO. 6 VALUED AT Rs.12 50 OOO THUS MEMBERS HAVE TO CONTRIBUTE RS.
2 BHK FLATS NEED TO CONTRIBUTE APROX. RS. 2.30.000 AND 1 BHK FLATS APROX. RS.1 70 OOO IN THIS FY 2023-2024.
MR. KISHOR SAWANT QUESTIONED THE CIVIL ENGINEERING MEMBERS THAT AFTER PENDING SUCH HEFTY AMOUNT, WILL THE STRUCTURAL REGAIN ITS ORIGINAL STRENGTH? ND MEMBERS SHALL GET RID OF THE LEAKAGES AND FURTHER REPAIRS FOR AT LEAST 10 RS? TO WHICH MR. JOY REPLIED THAT, AS A STRUCTURE IS MORE THAN 33 YEARS OLD, EPAIRS ARE GOING TO BE REQUIRED FROM TIME TO TIME.
MR. KISHOR SAWANT ALSO RAISED THE QUERY THAT, SINCE THE WEAK STRUCTURAL AUDIT REPORT OF THE BUILDING IS IN PLACE AND GOD FORBID IF ANYTHING HAPPENS TO THE BUILDING THEN OUR INSURANCE CLAIM SHALL NOT BE TENABLE.
THE CHAIRMAN REQUESTED ALL MEMBERS TO VOICE THEIR OPINION ON THE SAME AS RECORDED BELOW.
- MAJORITY OF MEMBERS WERE OF THE OPINION THAT, MAJOR REPAIRS TO THE BULDING WERE CARRIED OUT TWICE IN THE SPAN OF 12 YEARS. AND NOW SINCE THE AGE OF THE BUILDING IS ALMOST 35 YEARS INCURRING SUCH HUGE COST FOR REPAIRS IS UNVIABLE AND HENCE OPTION OF REDEVELOPMENT OF THE BUILDING TO BE CONSIDERED. FURTHER SINCE MAJORITY OF MEMBERS ARE SENIOR CITIZENS WITH NO RESOURCE OF INCOME MEMBERS IT IS DIFFCULTTO ARRANGE SUCH HUGE FUNDS.
- FEW MEMBERS WERE OF OPINION THAT, TILL THE TIME REDEVELOPMENT PROCESS IS INITIATED URGENT REPAIRS TO BE IDENTIFIED AND NEEDS TO BE ADDRESSED.
- FEW MEMBERS WERE UNDECIDED ON WHAT TO BE DONE.
- MR. AMIT MEHTA SENIOR MEMBER OF THE SOCIETY (GODOWN NO. 02) HAD SENT VOICE MESSAGE FOR THE AGM SUGGESTING HIS OPINION THAT THE MEMBERS SHOULD EXPLORE OPTION OF REDEVELOPMENT IN WHICH WE CAN GET BETTER QUALITY CONSTRUCTION, LATEST FACILITIES, BETTER AMENITIES AND LIFESTYLE, ADDITIONAL AREAS, BETTER COMMERCIAL VALUES. HIS VIEWS WERE SUPPORTED IN THE GROUP BY M/s MIDMARK (MR. SUHAS) GODOWN NO. 1, PR. A, SHOP NO. 1).
AFTER HEARING ALL MEMBERS, DR. RAMA RAO (LEGAL CONSULTANT) INFORMED THAT, AS THE BUILDING HAS CROSSED THE AGE OF 30 YEARS SO THE BUILDING CAN BE REDEVELOPED BUT REDEVELOPMENT IS AN AGENDA BY ITS OWN AND THERE ARE SEVERAL PROVISIONS MADE IN THE BYE LAWS FOR THE SAME SUCH AS REDEVELOPMENT SHOULD BE DISCUSSED IN SPECIAL GENERAL BODY MEETING WITH ONE POINT AGENDA, APPOINTMENT OF PROJECT MANAGEMENT CONSULTANT WHO WILL GIVE FEASIBILITY PROPOSAL WHICH CAN BE DISCUSSED IN FORTHCOMING GENERAL BODY MEETING. DR. RAO HAS ALWAYS PROVIDED GUIDANCE TO THE SOCIETY ON ALL LEGAL MATTERS VOLUNTARILY HENCE AGM HEREBY AUTHORIZES
DR. RAO TO PLAY AN ACTIVE ROLE ALONGWITH MANAGEMENT COMMITTEE AND ATTEND ALL REDEVELOPMENT MEETINGS TO BE HELD HENCEFORTH.
RESOLUTION : 4
RESOLVED THAT
1. MANAGING COMMITTEE TO WRITE A LETTER TO M/s AVON PROJECTS TO TABLE A LIST OF URGENT REPAIRS TO BE CARRIED OUT.
2. AS MAJORITY OF THE MEMBERS FEEL THAT, OPTIONS OF REDEVELOPMENT TO BE EXPLORED INSTEAD OF SPENDING HIGH BUDGET ON REPAIRS. AGM HEREBY AUTHORIZES THE MANAGING COMMITTEE TO CALL FOR A SPECIAL GENERAL BODY MEETING WITH ONE POINT AGENDA OF REDEVELOPMENT OF JANAK HOUSE CHSL
3. ALL MEMBERS ARE HEREBY REQUESTED TO OBTAIN QUOTATIONS FROM THEIR KNOWN SOURCES TO ENCOURAGE COMPETITIVE BIDDING FOR APPOINTMENT OF PMC WITHIN 45 DAYS.
4. AGM ALSO APPOROVED AND AUTHORIZES THE MANAGING COMMITTEE TO TAKE QUOTATIONS FROM ‘PROJECT MANAGEMENT CONSULTANT’ PMC AND PUT FORTH THE SAME IN THE SPECIAL GENERAL BODY MEETING”
PROPOSED BY. DR. RAMA RAO
SECONDED BY. Mr. JOY AMBOOKAN
To appoint auditor for the statutory audit for the year 2023-24
Chairman Mr. Jason mentioned that appointment of auditor M/s. KIRAN GADHAVE, CA/GOVT – CERTIFIED – REG; EMPANELMENT NO – 1013082 for the year 2023-24 is be & herby ratified.
RESOLUTION: 05
"RESOLVED THAT M/s. KIRAN GADHAVE, GOVT - CERTIFIED - REG/MPANELMENT NO - 1013082 BE & HEREBY APPOINTED AS STATUTORY AUDITOR TO AUDIT THE ACCOUNTS OF THE JANAK HOUSE CO-OP-HSG -SOCIETY FOR THE YEAR 2023/2024" PROPOSED BY. DR. RAMA RAO
SECONDED BY. MRS. JYOTI HINGU
AGM MINUTES OF THE 34th ANNUAL GENERAL MEETING HELD ON SUNDAY, THE 29TH DAY OF SEPTEMBER, 2024.
Chairman Mr. Jason O’Connor took the chair and the meeting scheduled for 10.00 A.M. was adjourned for 30 minutes for want of quorum. Thereafter members assembled and the meeting was called to order at 10.30 A.M. as no quorum was necessary. 37 Members were present, signed the register and thus constituted the quorum.
The Chairman Welcomed all the members to the 34th JHCHS AGM,
He read out the Notice of AGM and mentioned that as on date, no any written Objection had been received from any member within stipulated time lines given / or until the date of the AGM – scheduled for 10.00 AM on 29/09/2024. The meeting was started with the auspicious prayer recited by Mrs. Jyoti Hingoo.
Obituaries
WITH PROFOUND SORROW, WE MOURN THE PASSING AWAY OF ONE OF OUR MEMBERS, OUR DEEPEST CONDOLENCES TO THEIR FAMILIES, MAY THEIR SOULS REST IN PEACE.
As a token of our respect the Chairman requested all members present to stand up and observe 02 minutes silence for the attainment of peace to the departed soul – Mr. HARIRAM BHANUSHALI, husband of Mrs. Vimla Bhanushali- Flat No.23.
- Registration of Members.
37 members were present at the start of the meeting based on the AGM register signed.
- Chairman’s speech
Excerpts from Chairman’s speech:
By Jason O’Connor
Good morning, everyone.
It is my great privilege to welcome you all to the 34th Annual General Meeting.
Thank you for being here today.
I would like to begin with a thought-provoking quote:
“The strength of a community lies in the unity of its members, and together, we can overcome any challenge.”
I request all members to be mindful during the discussion. Please address your questions to the chair, and refrain from speaking out of turn. It’s important to maintain decorum to ensure that every member has an equal opportunity to voice their concerns or raise questions.
As this is an AGM, every member has the right to participate in a fair and free discussion. I ask that we all maintain respect for one another and speak with civility. Any personal attacks will not be tolerated. Should any disruptions occur, the chair will intervene to restore order. If an extended debate is necessary, we will allow for a reasonable time, and if no amicable decision is reached on any matter listed in the agenda for today, we will resolve matters by a show of hands.
One key decision, we’ll be discussing today, is the withdrawal of fixed deposits upon their maturity. This will help address the deficit caused by certain members not fulfilling their financial commitments, which has placed a burden on managing the society’s affairs.
We have received grievance letters from some members, which will be addressed at respective points of Agenda or at the end of today’s session during “Other Matters.”
Before we proceed, I would like to extend my heartfelt thanks to our Management Committee team – the Secretary, Treasurer, Committee Members, and a special acknowledgment to Senior Member Dr. Rama Rao for his invaluable inputs and unwavering support throughout the year. Your dedication has been instrumental in guiding us through.
With that, let us now move forward strictly by the agenda as we progress through the day.
Thank you all once again for your time, and let’s make this a productive meeting.
Chairman mentioned that this year JHCHS society has been certified as a “B SOCIETY” by our Auditors.
Chairman mentioned that this achievement would not be possible, without the hard work and dedication of the past and current Management Committee and on behalf of all JHCHS members. We put on record our sincere thanks and gratitude to the following members for their contribution to the affairs of JHCHS.
Chairman quoted – Mahatma Gandhi – Saying, “The best way to find yourself is to lose yourself in the service of others “
A flowery gift was presented to following members as token of love and appreciation.
Chairman felicitated:
Chairmen felicitated Mr. Amiruddin Kazi for his continued efforts in getting the hurdles resolved in the process of Redevelopment of society building and still working hard for the same.
Chairman also facilitated Mr. Devi Prasad, Secretary, for rendering honorary services to society during his tenure terminating soon on account of his resignation from the post.
Chairman thanked all the members & the MC for the kind gesture and for showing their confidence in their ability to lead the MC.
- To read and confirm the minutes of the 33rd Annual General Meeting held last year.
Chairman mentioned that minutes of 33rd AGM were circulated to all the members. No any Members comments were received in draft minutes.
The Chairman moved the following resolution.
RESOLUTION: 01
“RESOLVED THAT THE MINUTES OF THE 33rd ANNUAL GENERAL BODY HELD ON Sunday the 24th September 2023 BE AND HEREBY CONFIRMED”
PROPOSED BY MR. JOY AMBOOKEN
SECONDED BY MR. RAJU AJWANI
- To confirm the managing committee Annual Report during the year 2023 – 2024.
Treasurer Mr. Mahesh Kashyap read over & explained important works carried out by Managing Committee during the year 2023-24.
The members approved and confirmed the report as accepted.
RESOLUTION:02
“RESOLVED THAT THE ANNUAL MANAGING COMMITTEE REPORT FOR THE YEAR 2023-2024 IS HEREBY DISCUSSED AND APPROVED”
PROPOSED BY: MRS. NETALIA JASON O’ CONNOR
SECONDED BY: MISS SHIRIN D’SOUZA
- To adopt the Auditors Balance sheet and Income/ Expenditure Account for the year ending 31st March 2024 along with Audit Report.
Mr. A.Kazi has proposed his displeasure at page no. 20 – “Audit classification”.
Audit Classification given by auditor as B grade while since last 7 years’ society was being classified as “A” Grade. Accountant Mr. Sundeep Kolaki explained that there were many defaulters in society as on 31st March’24 and there were some other objections of auditor, hence ‘B’ grade was awarded. However, This classification, anyway, does not effect on the efficiency of Managing Committee or the finances of society.
Dr. Ramarao questioned why there is excess of expenditure over income? Mr. Huliyalkar being a CA and internal auditor of society explained that there are some carry over losses from last year, but this year the TDS on interest on deposit shown in expenses will be refunded back on filing I.T. Return. Since there is sufficient balance of Fixed deposits, the so called losses can be adjusted. The Chairman moved the following resolution.
RESOLUTION: 03
“RESOLVED THET THE AUDITED BALANCE SHEET, INCOME & EXPENDITURE ACCOUNTS OF THE SOCIETY FOR THE FINANCIAL YEAR 2023-24 BE AND HEREBY ADOPTED”
PROPOSED BY DR. RAMA RAO
SECONDED BY MR. AMMIRUDDIN KAZI
- To discuss and approve budget estimate for 2024-25
Dr. Ramarao said that the budget estimates and expenditure in Remarks column should not be shown in the same table. The budget estimates for the expenditures to be passed for the forthcoming year should be in a separate table. However, since almost six months of the captioned year were already passed, the expenditure incurred during this period may be shown in a separate table.
Suggestion of members is noted. The budget estimates put up for approval of members were put up as follows:
S.No.
Particulars of Job
Amount
1
Terrace waterproofing
90000
2
Civil repair & maintenance, external waterproofing
190000
3
CCTV retrofit
25000
4
Gardening
12000
5
Tree trimming
75000
6
electrical maintenance & consumables
25000
7
Repair & maintenance to driveway in & out
25000
8
Gutter cleaning
12000
9
MC Charges for 2nd Phase & Other Charges
150000
10
Legal Expenses
50000
11
TOTAL
564000
EXPENSES DONE TILL AUGUST 2024
Rs. 90000/- paid for Terrace waterproofing
Rs. 2620/- on plumbing work
Rs. 15800/- expenses done for Camera and screen replacement
Rs. 5000/- spent for Gardening
Rs. 3000/- paid for trimming of trees
Rs. 3000/- expenses done on purchase of lights and bulbs
Rs.10000/- expenses done on patch work in driveway
Rs.4000/- paid to gutter cleaner
Rs. 133420/- paid
Mr. Kashyap further sought the approval of members to break any Fixed Deposit in Mumbai Metropolitan Cooperative Bank Ltd. to meet the budget expenses as and when required. After a brief discussion, the members approved to break FD in case of need.
RESOLUTION: 04
“RESOLVED THAT ABOVE ESTIMATED COST IS DISCUSSED & APPROVED.”
PROPOSED BY Dr. RAMARAO
SECONDED BY Mr. MADHUSUDAN CHAD
- TO APPOINT AUDITOR FOR THE STATUTORY AUDIT FOR THE YEAR 2024-25
Chairman Mr. Jason mentioned that being 3rd year, appointment of auditor M/s. KIRAN GADHAVE, CA/GOVT – CERTIFIED – REG; EMPANELMENT NO – 1013082 for the year 2024-25 may be ratified
RESOLUTION: 05
“RESOLVED THAT M/s. KIRAN GADHAVE, GOVT – CERTIFIED – REG/MPANELMENT NO – 1013082 BE & HEREBY APPOINTED AS STATUTORY AUDITOR TO AUDIT THE ACCOUNTS OF THE JANAK HOUSE CO-OP-HSG -SOCIETY FOR THE YEAR 2024/2025”
PROPOSED BY: DR. RAMA RAO
SECONDED BY: MRS. JYOTI HINGOO
- TO TABLE LETTERS RECEIVED FROM AUTHORITIES TABLED.
There were no any letters from authorities during the preceding year.
- TO RATIFY THE TRANSFER APPROVED BY THE MANAGING COMMITTEE:
There were no any transfer applications during the year.
- TO BRIEF FEASIBILITY REPORT RECEIVED FROM PMC M/s. RAMNANI & ASSOCIATES REGARDING REDEVELOPMENT OF SOCIETY:
Feasibility report was circulated & discussed at Special General Body meeting held on 28/09/2024. Those members who have not attended the SGM, the copy of Feasibility report was circulated to them. Since Mr. Suhas Vankurde, representative of M/s Midmark, Godown No.1 and Mr. Amit Mehta Of Godown No.2 were present, a brief about Feasibility Report was given to them by Mr. Kazi.
- PRESENTATION OF FEASIBILITY REPORT AND Q&A SESSION BY Mr. RAJESH SHENOY ON BEHALF OF M/s. RAMNANI & ASSOCIATES:
Mr. Rajesh Shenoy presented himself on 28th September,2024 in Special General Meeting and presented the Feasibility Report, Discussed and answered the queries of members present. Those members who had not attended SGM, the copy of Feasibility report was circulated to them. As such this point of Agenda was dropped, but the repercussion arising out of excess areas of Godown Nos.1 &2 as shown in survey Report and affecting the feasibility of redevelopment project, were discussed under point No.14. The Minutes of SGM dated 28.09.2024 has since been circulated to all.
- TO DISCUSS ISSUES ARISING OUT OF CONTINUED BREACH OF SOCIETY INSTRUCTIONS ISSUED TO Mr. RAJESH SHARMA OF FLAT No. 2 AS PER MINUTES OF 30th AGM AND MAHARASHTRA CHS BYE-LAWS.
The chairman informed the house that the society has received letters from the owner of shop No.4,5 & 6, situated right beneath the terrace of Flat No.2, that they have suffered massive damage in their shops due to heavy leakage of water from the terrace of Mr. Sharma. The issue was taken up in a recent Managing Committee Meeting dated 13.09.2024 by inviting all the aggrieved shop owners and Mr. Rajesh Sharma.They were allowed to show their damages caused by Mr. Sharma and discuss the issue of reimbursement of damages or repairs. It was opined by all the members that the main cause of leakage is due to excess of watering the heavy plantation and turf work done on the terrace inducing the seepage of water through the wall and wet terrace into roof of shops beneath.
Mr. Sharma was therefore asked to remove plantation and turf from their terrace, but it appeared that no action was taken by Mr. Sharma in this regard.
The same issue was taken up in 30th AGM duly attended by Mr. Sharma regarding complaint of Terrace garden and blocking of natural light, cross ventilation and air in the passage of 2nd floor on the complaint of Flat owners of the same floor. In that meeting, it was resolved to penalize the member as per Bye-Law No.169(a), if the violation continues on part of the member and no efforts are put in by the member to stop violating/breaching the Bye-law, directions given by the society continuously.
Bye laws no. 169(a) states that, “All open /common area meant for use of all Members for e.g. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant. Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities. Also Members must use the flat /unit for the purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed”.
A police complaint was made regarding damages of shops and a letter was also written to Registrar of co-operative Societies to interfere and take remedial action recently. But no any implementation of society’s directives are being observed since then.
Bye laws no. 165(a) was read over “The meeting of the General Body of the Society may prescribe penalties for different breaches of the Bye-laws of the Society. The Secretary of the Society, under instructions from the Committee, shall bring to the notice of the Member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the Member persists in continuing the breach/breaches, the Committee shall give the notice to the Member to show cause as why the penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws. The General Body Meeting, after considering the Say of the Member and after giving him hearing, may levy penalty to the extent of maximum consolidated penalty not exceeding Rs.5,000/- in any one financial year”. This bye-law No.165(a) read with bye-law no.169(a) of Maharashtra CHS Bye-laws, on account of continuous breach of society directives and bye-laws renders Mr. Rajesh Sharma liable to pay a penalty of Rs.5000/- as per directive of law.
Issue of one more Show Cause notice was not considered at this stage as the member was present time and again in several meetings. This is not the first time, these breaches of law wilfully being continued regardless of the co- members’ objections, Society’s Resolutions and Bye-laws “ Change of user” persistently being imposed by the member. As such, the cause is already known to Mr. Rajesh Sharma, extensively discussed in 30th AGM duly attended by him.
Members Unanimously Agreed To Penalize Mr. Rajesh Sharma, Owner Of Flat No.2, With a Penalty Of Rs.5000/- as Per Bye–Law No.165(a) and that site inspection to be taken once in every 3 months by the MCM, Status Report to be made and discussed by the MCM to consider whether to continue the the yearly penalty and/or to initiate further legal course of action after giving due opportunity to the member for rectification. Next AGM to be apprised of the quarterly status reports before continuing the penalty or notice as to further course of action before the appropriate and competent legal authorities.
- TO DISCUSS LEGAL ISSUES WITH FLAT NO.17 OF M/s. M.B.BODA & Co.
Mr. Nabil Khan attended on behalf of M/s M.B. Boda & Co. with a letter of authority. He was asked a question regarding the status of Mr. Sheshadri staying in their Flat No.17. He replied that Mr. Sheshadri is no more the employee of his company and that his status as “tenant or not” is subject to the decision of company. He agreed to the proposal of chairman and other members to be charged with Non-Occupancy charges in the Maintenance bills of Flat No.17 henceforth with arrears of last 3 years with interest.
RESOLUTION 6:
FLAT NO.17 BE AND HEREBY CHARGED WITH NON-OCCUPANCY CHARGES FROM THE CURRENT MONTH BILL WITH ARREARS OF LAST 3 YEARS CUMULATIVELY WITH INTEREST.
PROPOSED BY: MR. A. KAZI
SECONDED BY: MR. RAMA RAO
- (A) TO DISCUSS ILLEGALLY CONSTRUCTED AREAS OF GODOWN No.1 AND GODOWN No.2:
Godown 1:
Managing Committee informed that as per available society records i.e. Occupation Certificate dated 17/10/1989 and MCGM approved plans drawing no. J72 – PMUN – 110 /6 dtd. 11/11/1987 & J72 – PMUN – 108 /6 the following observations are recorded below:
Area indicated in stilt are of free of FSI & was supposed to be a part of Shop areas and hence was not to be sold under a different identity. Staircases from individual shops at Ground level coming to the stilt level store are also clearly indicated in the drawings. Hence they are not legal owners of these stilt stores.
The sale agreement plan dated 03/02/1990 between M/S Ankeet Enterprise and M/S Metal Bed India indicates that they have purchased Godown 1 which is not approved as per OC plans.
Apart from above, it is also observed that there is extended construction in stilt ( From the shop till the building compound wall / MCGM footpath), the same was informed to them vide Society’s letter dated 28/06/2024. Licensed Surveyor’s drawings and area calculations mentioning illegal construction of 2001.6 Sft. carpet area were also attached with this letter. Current owner of Godown no. 1 ‘M/S Midmark (India) Pvt. Ltd.’ have failed to clarify their stand since last 3 months.
These illegal extensions with level difference in floors for more than1 feet of basement are clearly visible in their premises.
Godown 2:
It is observed that area indicated in stilt is of free of FSI & was supposed to be a part of Shop areas and hence was not to be sold under a different identity. Staircases from individual shops at Ground level coming to the stilt level store are also clearly indicated in the drawings. Hence they are not legal owners of these stilt stores.
The sale agreement plan dtd. 06/06/1991 between M/S Ankeet Enterprise and Mr. Amit Mehta indicates that they have purchased Godown 2 which is not approved as per OC plans.
Apart from the above it is also observed there is extended construction (from the shop till the building compound wall / MCGM footpath) of stilt which was informed to them vide letter dated 11/07/2024. Licensed Surveyor’s drawings and area calculations mentioning illegal construction of 688.63 Sft carpet area were also attached with this letter. Owner of Godown no. 2 ‘Mr. Amit Mehta’ have failed to clarify their stand since last 3 months. These illegal extensions with level difference in floors more than 1 feet of basement are clearly visible in their premises.
ACTION PLAN FOR GODOWN 1 & 2:
Mr. Suhas Wankurde, representative of M/s Midmark raised objection to use the word ‘illegal’ for their extended construction in Godowns. Chairman informed the owners of Godown 1 & 2 to submit revised occupation certificate and revised MCGM approved plan supporting the legality of the construction. Chairman also assured that, existing OC and MCGM plan will be made available to the owners/ Members for their inspection, if they wish. The owner/members requested to allow time period of 15 days to obtain revised OC and MCGM drawings which shall be submitted to the society, failing which their occupation will be deemed illegal and not as per MCGM approved plan and OC..
Hence Resolution is passed as under:
As per available records in society i.e. Occupation certificate, approved plans of MCGM and sale plans attached to sale agreement it is observed that, majority of the areas in basement are found to be illegal. Society has informed the same to owners of Godown nos. 1 & 2 vide letters. But have failed to receive any response from the owners on the subject matter. Both owners remained absent in Special General Body Meeting held on 28-09-2024 in spite of service of written notice.
RESOLUTION No. 07:
“RESOLVED THAT,
THE OWNERS OF GODOWN 1 & 2 TO SUBMIT REVISED OCCUPATION CERTIFICATE AND REVISED MCGM APPROVED PLAN SUPPORTING THE LEGALITY OF THE MENTIONED STRUCTURE WITHIN 15 DAYS I.E. 15-10-2024. FAILING IN WHICH SOCIETY WILL CONSIDER THIS AS VIOLATION OF LAWS AND WILL BE BOUND TO TAKE ACTION AGAINST THIS ILLEGAL CONSTRUCTION BY INFORMING THE AUTHORITIES AS PER LAW IN THE PROCESS OF RE-DEVELOPMENT OR OTHERWISE.
PROPOSED BY: MR. MOHAN HULIYALKAR
SECONDED BY: MR. AMIRUDDIN KAZI
- (B): PENDING MAINTENANCE DUES OF M/S MIDMARK INDIA PVT. LTD.
Chairman informed the owners to immediately make payments for pending arrears of maintenance dues to avoid any legal action.
- ANY OTHER MATTER WITH THE PERMISSION OF CHAIR:
Chairman Mr. Jason said that Mr. Devi Prasad has put up his Resignation Letter from the post of Honorary Secretary. As per Bye-Law No.130 and 131 (b),(c) and (d), if a member of the Committee may ,by a letter addressed to Chairman, resigns his membership of the committee which will be effective, in case of secretary resigning, only after its acceptance by chairman and after handing over the charge to the newly appointed secretary and has brought up to date the work entrusted to him and has produced the entire papers and property in his possession to the committee and that after the Committee is satisfied. For this purpose, the committee has proposed the name of Mr. M.K. Kashyap, presently holding the post of Treasurer as would be secretary, till he hands over his charge to a newly appointed treasurer to be nominated by the Committee. This is being announced for the information of all members gathered here in this AGM.
- Vote of thanks:
Chairman requested Mr. MAHESH KASHYAP to do the honors:
Mr. Kashyap as always, does a splendid job whenever called to address a gathering.
Mr. Kashyap appreciated the contribution of all members for their support to the MC and JHCHS interest and proposed a hearty vote of thanks. He invited all members and their families to come down and join in the afternoon lunch celebration. Every time Mr. Kashyap is called upon to do the job which he seems to have mastered by now, he never disappointed the House which was in splits of laughter with his poetic jokes.
There was no other matter to be discussed in the AGM, meeting was adjourned at 1.30 PM to be followed with a sumptuous lunch.
FOR JANAK HOUSE CHS LTD.
HON.CHAIRMAN Hon.Secretary