Minutes of Meeting and Adoption of Resolutions
| Meeting Name | Annual General Body Meeting |
| Date of Meeting | 04 September 2021 |
| Time of Meeting | 08:00 PM – 11:00 PM |
| Location | Virtually at Zoom Meeting due to COVID Pandemic Restrictions |
| Meeting Chaired By | Mr. R P Maurya (President) |
| Meeting Attendees | Members of General Body and Governing Body as per attendance sheet |
| Absent Members | As per attendance sheet |
| Quorum |
Annual Meeting of General Body was called up by giving minimum 15 days’ notice as per byelaws of society by issuing a notice through emails and social media messages on society group on 20th August 2021 onwards together with Agenda of the Meeting. Meeting was scheduled on 04th September 2021. There were no resolutions required to be approved by voting.
| S. No. | Particulars | Resolution |
| 1. | Meeting was opened by Mr. R P Maurya – Opening Statements | Mr. Maurya welcomed all members present in meeting in first annual general body meeting and apprised all members about agenda of meeting as well as how society is working towards achieving its objectives. Points of Agenda were to present financial statements of society to members and briefing members on actions taken by society to protect interest of members. |
| 2. | Presentation of Audited Financial Statements for Year 2020-2021 of Society | Audited Financial Statements for year ending 31 March 2021, Income and Expense Statement as well as Balance Sheet were shared on screen and explained in details by Mr. R P Maurya and Mr. Bobby Kalra (Treasurer) to members and members were encouraged to ask clarifications if any. There were no clarifications sought by any members.
Mr. Maurya informed that all meeting minutes and financial statements of society are available for viewing on portal of society and those members who wish to access them can ask for user ID and Password to log in to the portal link by sending email to members.jpsc@jpscws.com through their registered email and same shall be provided promptly. Several members suggested and asked that audited financial statements of society to be sent to email addresses of society members rather than link, user Id etc, and requested that these statements be sent by email prior to the meeting so members can read them and if have any clarification can come prepared to ask them. It was agreed to send audited Financial Statements of society to all members through their registered email addresses. |
| 3. | Brief on actions taken by Society on legal front to protect interest of members of society. | Mr. Sunil Sharma briefed members on 3 main legal cases which are presently being pursued where members of society are being presented to highlight their plight before court and seek justice.
First matter of IA filed in Writ Civil 6049/2020 at Allahabad High Court where first 151 members of society are represented and court has allowed to become them respondents, is listed for hearing on 4th October 2021, and our advocate will be heard on this hearing and we expect court to take notice of our issues and pass some interim order or directions to protect interest of home buyers. Second matter which is also a writ filed by Legal Firm Pricus Legal, Case No. 21532/2021 has been registered on 1st September 2021 and is yet to be listed for issuing notices. In this Writ all members of society are being represented. Copy of Writ was shared with all members through email before being filed and feedback was sough.
Third matter is case filed at RERA for 400+ Kassia Allottees and who are members of society to seek releif under Section 7 and Section 8 of RERA Act and its hearing is scheduled on 25th October 2021. |
| 4. | Questions and Answers Session. | Many members raised hands and wanted to ask questions on various issues which were promptly answered by Mr. Sunil Sharma and Mr. R P Maurya and brief summary and list of questions asked and answers is below
A. Related to Legal Cases Filed Q1. Are all members of society represented in the cases filed by sociwty? A1. Only first 151 members are represented in matter Writ C,- 6049/2020 at Allahabad High Court, while all members of society are represented in second writ filed on 1st September 2021. In RERA matter first complaint is filed on behalf of Kassia project allottee members of society only.
Q2. Can society file cases at RERA for other members of society in projects other than Kassia, such as Kove, Buddha Circuit Studio, and plotted projects? A2. Society has for now filed case for Kassia alottees to see that process hold and what are the requirements as RERA portal is designed for Individual complaints but we have filed single application for more than 400 persons, so we will see now what difficulties arise and how this can be then replicated to other projects. Also those members who had already filed individual complaints can not be represented again by society at RERA. We will do a group exercise and see the feasibility of filing more project wise complaints.
Q3. Should one go ahead and file individual complaint or wait and let society to file group complaint ? A3. This is individual choice as sucess and outcome of society complaint specially the procedure itself is to be confirmed and determined. But society will make its best possible effort to try and file complaint at RERA for each project after consultation among Executive Committee Members and will update all members. Q4. When can we expect any outcome of cases filed at Allahabad High Court? A4. There is no certain answer to it but Writ 6049/2020 is listed for arguments on 4th October 2021 so we can expect some guidance from there onwards. Other writ is yet to be heard and notices issued but there is chance that both may be linked together. Q5. As it is taking long time why we don’t go to Supreme Court directly? A5. This question has been discussed in groups, as well as we have consulted many advocates and there is no possibility of Supreme Court accepting our application directly, bypassing lower courts. We have to go in phased manner and clear hurdles before reaching Supreme Court.
B. Issues Related to Banks and EMIs Q6. What is society doing for getting relief to members from EMIs? A6. Society has initiated this issue and has asked members to upload required information and documents on given portal link and only 13 members has done it so far, which doesn’t seem a comfortable number though society is waiting for some outcome of a similar case filed in Delhi high court against some other project allottees and take cue from there before doing anything on this issue. Q7. Should I stop my EMIs? A7. This is an individual decision considering his own facts of matter and all considering consequences. At this point some members shared their experience after stopping their EMIs and members were asked to take their own decision in this regard and society can not recommend any action. Members of society did some exchanges on EMI issue among themselves and shared experiences. C. Other General Points Q8. Some members asked that they have only paid 1000 Rs membership Fee and are yet to pay Legal Contribution of 4000 Rs. When will this be due and to be paid. A8. All members who has paid only 1000 Rs, shall pay the Legal Contribution of Rs 4000 within 6 month of becoming member, though society may demand it earlier if needed. As our matter will reach SC after Allahabad High Court, we will need members to deposit their share of legal contribution fee on their own or as soon as they receive communication from society.
Q9. What will happen to these projects, even if construction starts as structures has been exposed for too long and some are submerged in water and may be very weak. A9. Mr. Sunil Sharma responded that structural safety and stability of structure can only be ascertained by doing its assessment by a professional structural engineers team and which is requested by society in its application to court and certainly no building can be allowed to be built on weak foundation and structure. If court doesn’t order the same then society may engage a professional firm to do so. Meeting was closed at 11.00 PM and members were thanked by President and Vice President for their presence and contribution.
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(President) (General Secretary) (Deputy Secretary)
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Date: 10 SEP 2021