KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
12.7.2016
Shri
Sushil Ansal
Chairman,
Ansals
Properties & Infrastructure Limited,
115,
Ansal Bhavan,
16
K G Marg,
New
Delhi- 110001
HANDING
OVER TAKING OVER (HOTO) REQUEST DATED 12.7.2016 FROM RAISINA ARAVALI RETREAT RESIDENTS WELFARE
OUR
EARLIER REQUEST DATED 12.7.2016 AND SUBSEQUENT DISCUSSIONS WITH SHRI VIKAS
AGARWAL, HEAD, LEGAL OF ANSALS PROPERTIES & INFRASTRUCTURE LIMITED IN HIS
OFFICE ON 28.7.2016
Dear Sir,
This
has reference to the discussions the members of
RAISINA ARAVALI RETREAT RESIDENTS WELFARE had with your Shri Vikas
Agarwal, Head, Legal and his team members in your office on 28th
July 2016 at 1430 hours. We are
extremely grateful to him and his team for all the courtesies extended and the
valuable time spared to discuss different issues related to Ansals Aravali
Retreat and the mismanagement by the existing non representative illegal
Association namely Ansal Retreat Resident Welfare Association (ARRWA) to whom
the maintenance and few assets have been handed over by the management of
Ansals Properties & Infrastructure Limited because of the misrepresentation
and false statements made by ARRWA.
During
the discussions it was informed by the members of RAISINA ARAVALI RETREAT
RESIDENTS WELFARE that complaints have been filed against ARRWA on account of
being non representative, being an associations whose bye laws are not in
consistence with the HRRSA 2012 and being an association which has not been maintaining
the administrative and the financial records as per the established norms.
We
had during the discussions therefore mentioned that RAISINA ARAVALI RETREAT
RESIDENTS WELFARE headed by the undersigned represents a much larger group of
Ansals Aravali Retreat and hence the management and control of assets of Ansals
Aravali Retreat should be handed over to a body having more number of members
and hence representing a larger section of Ansals Aravali Retreat.
We wish to reiterate
the facts once again.
There are two
Associations registered for the Ansals Aravali Retreat by the following names:
· Ansal Retreat Resident Welfare Association registered at G 3 A,
Ansals Aravali Retreat, Village Raisina, District Gurgaon
·
Raisina Aravali Retreat Resident Welfare Association CL 8,
Aravali
Retreat, Village Raisina, District Gurgaon bearing Registration No. HR 18 00451
year of registration 2013. A copy of the registration is enclosed
herewith for your kind information.
Ansal
Retreat Resident Welfare Association had approached the office of the District
Registrar of Societies & Firms, Gurgaon vide their letter dated 5.8.2014
(Annexure 1) asking District Registrar, Gurgaon to help in asking Ansal API for
transfer of the maintenance work of Ansals Aravali Retreat to them and the
District Registrar had therefore forwarded their request to your office vide
letter dated 6.6.2014 (Annexure 2). Based on this, your office had handed
over the maintenance to Ansal Retreat Resident Welfare Association. A
copy of the first page of Ansals API agreement with this Association is
enclosed herewith for your ready reference (Annexure 3). The total membership
of Ansal Retreat Resident Welfare Association is only 50 as per the list of
members provided to the office of the District Registrar out of which ten
members have backed out and are a part of the second Association. A copy of the
list is enclosed herewith for your kind information. (Annexure 4 )
Raisina
Aravali Retreat Resident Welfare Association, the other Association, has a much
larger membership and a copy of the list of 144 members is enclosed for your
kind perusal and this is growing every day. (Annexure 5)
Ever
since the takeover of the maintenance of Ansals Aravali Retreat by Ansal
Retreat Resident Welfare Association promotion of the interest and the welfare
of the plot owners has not been their prime focus. As you would have
noticed, they have also not been following the guidelines laid under the
Societies Act, 2012 as has been brought to your notice through copies of 27
representations submitted to the District Registrar with copies to you which
have been taken by District Registrar into consideration and the office of the
District Registrar, Firms & Societies, Gurgaon has passed an order No.
GGN/DIC/DRI/1455 dated 1.8.2016, copy enclosed herewith for your ready
reference. (Annexure 6).
A
detailed list of violations which submitted to the District Registrar and based
on which the order is enclosed herewith for your kind information.
(Annexure 7)
Apart
from the above procedural lapses and financial mishandling, there have also
been cases filed against the Association under the Indian Penal Code and FIR
registered with the concerned Police Station under the orders of the Honourable
Court for thefts and alienating common undivided assets of the owners (Annexure
8).
Since
the membership of our Association is much larger than the present Association
and in view of the involvement of the existing association in various illegal
activities taken cognisance by the Honourable appropriate Court and the
District Registrar, we request you to kindly handover of the administration,
management and control of maintenance and transfer the ownership and
responsibilities of common area and facilities provided and available under the
“Project” on your own behalf and on behalf of Developer and Promoter and
Collaborators and Maintenance Agencies of APIL including any nominated agencies
to the Raisina Aravali Retreat Resident Welfare Association and
substitute the status of Ansal Retreat Resident Welfare Association with
Raisina Aravali Retreat Resident Welfare Association with respect
of ownership of common assets and facilities including its administration,
control, management as contemplated and provisioned under Haryana Acts with
respect to the said Project along with all rights and obligations as per the
stipulations of the Haryana Acts and government notifications.
Thanking
you,
Yours
faithfully
KULDEEP KUMAR KOHLI
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