Central Information Commission
Mrsuresh Chandra Jain vs Gnctd on 28 November, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/SA/A/2014/000248
Appellant : Shri Suresh Chandra Jain
Respondent : Delhi Cooperative Housing
Finance Corporation, GNCTD
Date of hearing : 21112014
Date of decision : 28112014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the RTI
Act
Result : Appeal allowed/
Disposed of
The appellant is present. The Public Authority is represented by Mr. S.K.Kaushik,
Delhi Cooperative Housing Finance Corporation, GNCTD, Delhi.
FACTS:
2. Appellant through his RTI application dated NIL had sought information on 3 points Viz i) Copy of all the documents which the society has submitted to DCHFC adopting the individualisation scheme ii) Copy of the Order passed by the DCFHC allowing the society to adopt the individualisation scheme iii) Explain the individualisation scheme. PIO replied on 09102013. Being unsatisfied with the information provided, the appellant preferred First CIC/SA/A/2014/000248 Page 1 Appeal. FAA by his Order dated 31102013 upheld the information provided by PIO. Claiming nonsatisfaction with the information provided, the appellant has approached the Commission in second appeal..
Decision:
3. Both the parties made their submissions. The appellant submitted that he wanted the copies of the letters written by the Housing Society to the Respondent authority and also a copy of the resolution passed by the Society regarding Individualization Scheme. The respondent authority explained that the Housing Society which takes loan from the respondent authority by mortgaging the housing property, binds every member of the society to repay the loan. To avoid this kind of general obligation by those members who have not taken any loan, a scheme called 'individualization scheme' is introduced according to which the members who have taken loan can repay their share directly to the Respondent authority and obtain NOC to get their flat registered by the Society. If there is any defect in the list of defaulting members prepared by the Society, the aggrieved member should challenge the same under Sections 70 and 71 before the Registrar of Cooperative Societies and not before the respondent authority. Thus, the respondent authority is not in a position to supply letters written by the society or its resolution regarding the individualization scheme, as the said scheme is going on by the word of mouth. Hence the respondent authority submits that the appellant should challenge his grievance before the Registrar of Societies.
CIC/SA/A/2014/000248 Page 2
4. The Commission having heard the submissions directs the respondent authority to offer inspection to the appellant, as agreed by both of them, within 15 days from the date of receipt of this order. The appeal is disposed of.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Deputy Registrar Address of the parties:
1. The CPIO under RTI. Govt. of NCT of Delhi Delhi Cooperative Housing Finance Corporation Limited, 3/6, Siri Fort Institutional Area August Kranti Marg, New Delhi110049
2. Shri Suresh Chandra Jain B17/211, Pharma Apartment Plot No.88, I.P. Extension, DELHI CIC/SA/A/2014/000248 Page 3