Minutes of AGM dated September 27, 2015.
Minutes of the 16th
Annual GeneralMeetingof Saket CHSL held on
The Chairman adjourned the meeting at 10.30 am due to lack of quorum and
reconvened it at 11.00 am.
The Chairman welcomed the members and read out the Leave of absence to Mr. Hemant Hajare, Mr. Bhartesh Shetty, Mr. Manubhai Shah and Mr. Gautam Mazumdar and granted the same.
The Chairman then requested members to stand up and observe a minutes silence as obeisance and prayer in memory of those members and /or their relatives who had left us for their heavenly abode since the last meeting.
The Chairman welcomed the members and read out the Leave of absence to Mr. Hemant Hajare, Mr. Bhartesh Shetty, Mr. Manubhai Shah and Mr. Gautam Mazumdar and granted the same.
The Chairman then requested members to stand up and observe a minutes silence as obeisance and prayer in memory of those members and /or their relatives who had left us for their heavenly abode since the last meeting.
Agenda 1: To read and
approve the minutes of last AGM held on 28th September, 2014.
The Chairman then requested the Secretary to read out the minutes of
last year's AGM.
The Secretary read out the minutes and put them up for approval.
The Secretary read out the minutes and put them up for approval.
Resolution 1.
Resolved that the minutes of the 15th AGM were passed and adopted.
Proposed by:Mr. SN Viswanathan
Seconded by :Mr. Prasad Bedekar
Resolved that the minutes of the 15th AGM were passed and adopted.
Proposed by:Mr. SN Viswanathan
Seconded by :Mr. Prasad Bedekar
The Chairman then requested the Secretary to start the
proceedings with Agenda no.2.
Agenda no. 2: To inform members the status of Income & Expenditure Accounts for the period 01.04.2014 to 31.03.2015 and accounts as on 31.03.2015.
Agenda no. 2: To inform members the status of Income & Expenditure Accounts for the period 01.04.2014 to 31.03.2015 and accounts as on 31.03.2015.
The Secretary Mr. BipinKulkarnioutlined the motive of
the meeting and explained to members the Secretary's report in detail.
He informed members that the new Managing Committee has not approved the audited accounts submitted by our auditors for the financial year April 1, 2014 to March 31, 2015.
He informed members that the new Managing Committee has not approved the audited accounts submitted by our auditors for the financial year April 1, 2014 to March 31, 2015.
Mr.
Kulkarni stated that the financial health of the society is absolutely hand to
mouth and year on year we are facing losses on account of short receipt of
contribution to routine maintenance, and then the same is being subsidized by
other income and the repair fund generated by the society.
He
added that one of the main reasons for this is that the Society Maintenance
charges were last revised in the year 2009. Inflation and costs of every item
has gone up since then but our maintenance charges remain the same even today.
Stating
that our complex is more than 20 years old, the frequency of repairs and
maintenance had increased and the costs rising every year, Mr. Kulkarni said
that the electricity tariffs increase every year. The salaries and wages,
(though ours are abysmally low) have to be revised every year. The cost of
security has increased from a budgeted Rs. 16 lakhs per annum to Rs. 30 lakhs
per annum in the past 6 years. The lifts in our buildings have become old and
need repairs every now and then.
To
sustain all this in an annual income of Rs. 87 lakhs is becoming increasingly
difficult and the society management is hard pressed to deficit finance the day
to day running of the society. A case in point is that in the year under
purview, the Society could invest only Rs. 50,000/- in Fixed Deposits against
the required Rs. 6.89 lakhs towards Sinking Fund and none against the required
Rs. 20.69 lakhs towards Repair Fund – because all the money was spent on the
society’s day to day maintenance. This has been the trend for the past three
years and it has now become imperative that the society revise its maintenance
charges adequately or else, it will be extremely difficult to run the show.
Reasons for the Managing Committee not
accepting the Audited Accounts.
The
Chairman Mr. Dayanand Nene then pointed out that for the past 6 years, all the
Secretary’s report carried a standard point no. 3 which read as under:
(Quote): As
per our knowledge the reconciliation of Members Accounts has never been
documented and therefore will have to be done with retrospective effect from
the very inception of the society i.e. from 1999. This being a long drawn and
tedious affair will have to be entrusted to an outside agency as attempts to do
it in house have failed. A decision on the same is being contemplated and will
be taken shortly. (Unquote.)
The
same paragraph has been repeated again and again but no action has been taken
by the past committee.
Similarly,
the Auditors notes to the accounts have carried this remark for the past 6
years: (Quote): Balance in member
dues is as per books of account and no confirmation of balance from each member
has been obtained. (Unquote).
In
spite of the Auditor repeatedly passing such remark, no attempt was made to
tally the members accounts as appearing in the books of accounts with those
appearing in the manual registers maintained by the society office.
The
result was that for the past 6 years at least, we have been approving accounts
which are fallacious.
This
year also the Auditor had remarked that the member’s personal accounts as
appearing in the Books of Accounts are differing from the one’s appearing in
the manual registers maintained by the society.
This
remark made the committee look up as to how much was the difference between
both the accounts – the books of accounts and the manual registers. And the
picture which emerged was indeed very alarming – the Books of Accounts showed
that the receivables from members was Rs. 35 lakhs as on March 31, 2015 while
the society’s manual registers showed that the figure was Rs. 16 lakhs.
We
then looked at the figures of the past year and found that the figures were
differing there also. In the accounts for the year 2013-2014, the audited
figures show NET Members Dues (Gross Dues less Advance payment of members) of
Rs. 16.46 lakhs. Our manual records show the Gross Dues as Rs. 15.41 lakhs and
a Advance payment by members of Rs. 3.57 lakhs (so NET Rs. 11.84 lakhs).
Actually
this practice of showing the Net Outstanding is a bad accounting practice as it
gives a mis-leading picture of the actual money due from members.
Mr.
Nene added that the Managing Committee had a discussion with the Auditors on
the subject and he opined that we may approve the accounts this year and next
year we will make the requisite correction.
Mr.
Nene stated that as our committee felt that since this was our first year, we
should make all corrections now only and not carry any on with false and
fallacious accounts. It is our committee’s view that since our member’s bills
are generated on the basis of the manual registers maintained by us in the
office, and since in the past 10 years, no one has challenged those figures,
the manual registers should be treated as the correct position and after due
verification, the Books of Accounts should be corrected accordingly.
Mr.
Nene stated that there was another point on which the committee differed with
the Auditors – the treatment given to the Balance Sheet.
In
the Balance sheet, the Reserves and Surplus shows an amount of Rs. 2.73 crores
while our actual investments were only 1.43 crores.
What
has happened is that the monies have been spent over the year’s on society’s
expenses e.g. since the year 2000, there have been atleast 477 first transfers
of flats. It means that the society would have generated at least 1.2 crores as
Transfer Premium. Where has the money gone ?
He
explained that during the period 2001 - 2003, the society had done a Repairs
and Renovation program. The society had then collected Rs. 52 lakhs from
members as contribution towards the repairs. The actual expenditure of that
program was 1.92 crores. The balance was funded through the Transfer Premium
and Sinking Fund.
Mr.
Nene further stated that it was our committee’s view was that as the amounts
have been spent on society buildings, instead of repeatedly harping that there
is a loss of Rs. 110 lakhs over the years, the Reserves and Surplus should be
written down by setting off the loss of Rs. 110 lakhs against it as the amounts
have already been spent on the society only.
But
we shall require the sanction of the General Body to do this and rectify the
accounts so that they reflect a realistic picture.
Else,
if we have to recoup the loss, as suggested by the Auditor, it will mean that
all members should make a one time payment of Rs. 16,500/- only to recoup the loss.
The
committee leaves it to the wisdom of the members as to which option they want
to select. Write down the Reserves and Surplus or recoup the loss by making a
one time payment of Rs. 16,500/-. The committee will implement whatever mandate
is given to it.
These
were the two main reasons why your committee has not approved of the Audited
Accounts.
Mr. BipinKulkarni, Secretary then stated that the
committee is not commenting on the Income and Expenditure Accounts and Receipts
and Payments and is presenting them here as given by the Auditors.
He
added that our only observation of the Income and Expenditure Account is that
the huge loss of Rs. 24 lakhs means that we will have to revise our Maintenance
Charges immediately. Your committee is seized of the matter and shall be
calling a separate SGM for the same very shortly.
Mr.
AshimDasgupta : spoke on the methodology as to how to go about reconciling the
accounts. He suggested that the society must prepare a manual for all
activities and it should be followed scrupulously.
Mr.
MarziPakka :Said that the suggestion to contribute Rs. 16500/- one time and
recoup the losses was a good one and he was in favour of it.
Mr.
SN Viswanathan: Cautioned the committee as to whether the Registrar will give
them permission to write off such huge amount and suggested that we do it only
if the bye laws permit us.
Mr.
Shivram said that reconciliation of the Manual as well as the computerized
accounts must be done to arrive at the correct picture.
Mr.
AmitPandya suggested that the work should be given to an independent agency and
must be completed in a time bound manner.
Mr.
Nene then informed the house that he had informed the Dy. Registrar and kept
him in the loop.
Mr.
Shirsath, MrKamalrajDev, Mr DN Sawai, Mr. Sunil Shinde also participated in the
debate/discussion.
Mr.
Pakka then questioned the role of the current Treasurer wwho was the Jt.
Treasurer in the past committee and asked as to why he could not identify the
anomaly in accounts then?
Mr.
Pakka also questioned as to why the Secretary’s report has stated that no
information was available regarding the member’s attendance in MC meetings?
The
Secretary BipinKulkarni then replied that this committee did not want to
embarrass the old committee and hence was being discreet about many matters but
the fact was that this committee does not have the record as the old committee
had not given proper charge while hand over. This committee had submitted a
list to the old committee of things to be handed over but did not receive any
response from them.
AmitPandya:
What has the auditor said on this ? Has he passed any remarks ?
The
ChairmanDayanand Nene informed that the auditor has never passed proper
observations. As per the bye laws one MC meeting should be held every month.
That makes 12 meetings in a year. For 5 years, the past committee held only 10
meetings in a year, But no remark. The past committee did not co-opt anybody to
fill vacancies on the Managing Committee – when it is mandatory, yet no
observations or remarks. It is stated in the bye laws that if a person absents
himself from 3 consecutive MC meetings he ceases to be a member of the Managing
Committee. The old committee flouted that norm for 5 years, it was put in their
yearly reports, yet the Auditor overlooked it.
The
Chairman then said that this committee had actually put its hand in a garbage
bin by deciding to rectify the accounts but are doing it so that once and for
all we shall have a clean slate.
The
proposal to rectify the accounts and represent them to the General Body for
passing the same was then put up for acceptance.
Resolution 2.
‘Resolved that in view of the grave
differences in the members accounts in the Computerised vi-a-vis manual
accounts, the accounts must be reconciled and rectified accordingly and then
presented to members for passing’.
Proposed
by : Mr. AmitPandya
Seconded
by: Mr. ChanchalChatterjee
Passed
unanimously.
Resolution 3.
It was also resolved to correct the
Balance Sheet by taking appropriate action to rectify and that the loss accumulated
over the years be correctly quantified post rectification and the written off /
reserves written down.
Proposed
by :Mr R K Salve
Seconded
by :Mr D N Sawai.
Passed
unanimously.
Any other matters with the
permission of the Chair.
1) The
Chairman admitted a proposal of Mr. Shine Raj to increase society’s revenue.
Mr.
Shine Raj : Stated that the society has to find out ways and means to increase
its revenue in view of the loss incurred every year. He suggested that the
Society Development Fund and charge any new incoming member a sum of Rs.
25,000/- along with the Transfer Premium.
Mr.
Prasad Bedekar and Mr. AshimDasgupta participated in the discussion.
The
Chairman stated that he agreed with Mr. Shine Raj’s suggestion of charging Rs.
25,000/- as Society Development Fund from the new incoming member.
Resolution 4.
It was resolved that a sum of Rs.
25,000/- be charged as Society Development Fund from the new incoming
memberalong with the Transfer Premium, w.e.f. 1/10/2015.
Proposed
by : Mr. Shine Raj
Seconded
by : Mr. R K Salve
Passed
by majority vote with Mr. Pakka objecting to the proposal.
2)
Defaulters:
The
Secretary BipinKulkarni informed the members the status on recovery from
defaulters. He suggested that the byelaws permit the society to charge 21% as
penal interest. Currently, we are charging them 15% and proposed to raise it to
21%.
Mr.
Hate suggested that the society should launch cases under Section 101 on
defaulters. Adv RR Abhyankar, AshimDasgupta, Sunil Shinde supported him.
Mr.
Pakka objected to the proposal stating that such proposals should not be
entertained as they were not part of the agenda. The Chairman over-ruled him by
stating that it was in the interest of the society.
Resolution 5.
It was then resolved that the society
shall charge penal interest of 21% from defaulters w.e.f. 1/10/2015.
Proposed
by: AsifDabir
Seconded
by :AshimDasgupta.
Passed
by majority vote with Mr. Pakka dissenting.
Resolution 6.
It was resolved that the society shall
launch cases of recovery under Section 101 on the top 10 defaulters.
Proposed
by: Mr. Arvind Hate
Seconded
by: Prasad Bedekar.
Passed
unanimously.
3)
Auditors
appointment.
Mr.
Prasad Bedekar suggested that in view of the glaring omissions by the current
auditor, the society should change him and appoint a new auditor. Mr.
ashimDasgupta, Mr. Sunil Doshi took part in the discussion.
The
Chairman informed them that we need the services of the current auditor to
reconcile the accounts and shall take an appropriate decision once the
rectification is completed.
4)
Energy
Audit.
Mr.
Vijay Kokane, Jt. Secretary, informed members about the Evergy audit done for
the first time in the society.
The
Chairman concluded the meeting as the agenda was over.
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