Central Information Commission
Mr.Gulshan Kumar Gandhi vs Ministry Of Urban Development on 27 August, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi-110066
File No.CIC/LS/A/2009/001035
(Gulshan Kumar Gandhi -Vs- DDA)
27.08.2010
This is in continuation of the Commission's proceedings dated 21.6.2010.
As scheduled, the matter is called for hearing today dated 27.08.2010. The DDA
is represented by Shri D.K. Gupta, Deputy Director, LIG(Housing) and Shri
Karam Singh, Dealing Assistant. The appellant is present alongwith Adv. B.K.
Gandhi. Shri Gupta submits a written representation dated 20.8.2010 which is
taken on record and a copy thereof is handed over to the appellant 'dasti'. The
appellant also files a written representation dated 16.8.2010 which also is taken
on record, copy whereof which has already been sent to the CPIO.
2. Shri Gupta submits that the DDA has decided to allot a LIG flat to the
appellant in the same locality at which it was allotted earlier. He submits that a
policy decision in this regard has been taken in the file. In this view of the
matter, Shri Gupta is directed to provide copy of the file notings wherein this
decision has been taken, to the appellant by post within 04 weeks. Besides, Shri
Gupta is also directed to confirm in writing to the appellant that the DDA has
decided to allot him a flat under 'Wrong Address Policy'.
3. Adv. Gandhi submits that the original allotment was made to the appellant
way back in 1994. During past 16 years, the appellant has knocked at every door
for restoration of the flat and in the process has suffered huge mental, physical
and emotional agony and torture due to callous attitude of DDA. This has been
occasioned due to manipulations done by the DDA officials and, more
importantly, due to supply of incorrect, inadequate and misleading information to
the appellant, thereby causing HIM detriment under section 19(8)(b) of the RTI
Act. The issue of quantum of compensation to be awarded to the appellant, he,
however, leaves to the discretion of the Commission.
4. Shri D.K. Gupta on the contrary, strongly submits that the DDA has
decided to allot a flat to the appellant under "Wrong Address Policy" but there is
no case for compensation at all in as much as DDA has not sent any wrong or
misleading information to the appellant in the matter in hand. He also submits
that whatever information was provided to the appellant was as per record.
5. Adv. B.K. Gandhi, however, strongly contests the submission of Shri
Gupta. The representation submitted by Shri Gandi is extracted below :-
"1. That this Hon'ble Commission issued direction to the respondent
on 21.6.2010 to provide categorical and transparent response to the appellant as per DDA records in 04 weeks time.
2. That the appellant has received reply on 23.07.2010 vide their letter No. F-15(121)94/RO/NP/6092 dated 16.7.2010, wherein the respondent has not given any reference to the order dated 21.6.2010 of this Hon'ble commission and have again preferred to give incomplete/evasive/misleading information as explained in the under noted paras.
3. That the respondent has not stated in the reply to the first question that the address of the appellant aqs per office record is BE-40, Hari Nagar, New Delhi-64 and he never requested for change of address, which the file speaks very clearly viode DDA office note dated 11.9.1998 (Already on record).
4. That the appellant filed RTI application with I.D. No. 1269 dated 19.3.2009 and the respondent has again not replied "why the Department has not issued Demand cum Allotment Letter at the original price so far under wrong address policy despite regular follow since 1995 and compelled the applicant to move to the Hon'ble court for readdressal of the grievances" i.e. upto the date of filing of application on 19.3.2009. DDA file noting dated 21.10.1998 and 6.11.1998 are very clear in this connection (Already on record).
Further during the meeting on 15.1.2010(Friday) presided over by Chief Legal Advisor of DDA it was advised unilaterally to withdraw the case from the Hon'ble Consumer Forum, (South) as a precondition for allotment of flat under wrong address policy. It was also categorically told that DDA officials shall not go to the Hon'ble Consumer Forum for getting the compromise recorded. Thereafter, the appellant expressed the choice to get the matter settled through the Hon'ble Forum only. "
6. We have considered the rival submissions. We are happy to note that the DDA has ultimately righted a wrong by way of deciding to allot a flat to the appellant. However, we cannot be oblivious of the fact that the appellant had to struggle for 16 long years for this purpose. We also notice that incomplete information appears to have been provided to the appellant in certain respects, as reflected in the representation extracted above. In this view of the matter, it appears to us that detriment has been caused to the appellant in terms of section 19(8)(b) of the RTI Act and compensation is due to the appellant. In the premises, we are of the opinion that ends of justice would be met if compensation of Rs. 20,000/-(Rupees twenty thousand only) is awarded to the appellant. We order accordingly. Commissioner(Housing), DDA, is hereby directed to make this payment to the appellant through demand draft from DDA funds in 08 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
( K.L. Das ) Assistant Registrar Address of parties :-
1. The Commissioner(Housing), DDA, INA, Vikas Sadan, New Delhi-110023.
2. Shri D.K. Gupta, Deputy Director(LIG-H) & CPIO, DDA, Vikas Sadan, INA, New Delhi-110023.
3. Shri Gulshan Kumar Gandhi, BE-40, Hari Nagar, New Delhi-110064.