Central Information Commission
Sanjeev Kumar Jain vs Registrar Cooperative Society on 30 October, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/DDATY/A/2017/120076
CIC/REGCS/A/2017/120062
Date of Hearing : 06.09.2018
Date of Decision : 01.10.2018
Appellant/Complainant : Shri Sanjeev Kumar Jain
Respondent : PIO/Dy. C.A.O.-(LC)-I, DDA,
(Land Costing Wing)
2. PIO/Asstt. Registrar & PIO,
O/o. the Registrar Cooperative
Societies (Govt. of NCT of Delhi)
Through:-
Information Commissioner : Shri Yashovardhan Azad
Since both the parties are same, the above mentioned appeals and
complaints are clubbed together for hearing and disposal.
Case No. Filed on CPIO reply First appeal FAO
120076 03.01.2017 20.01.2017 03.02.2017 - -
1200062 05.01.2017 - - 06.02.2017 - -
CIC/DDATY/A/2017/120076
Information soughtand background of the case:
Vide RTI applications dated 03.01.2017, the appellant sought information as follows:-
(i) 71 Flat owners of the Atam Vallabh CGHS, Plot No.-14, Sec-13, Rohini, Delhi-85, have converted their flat from leasehold to freehold from Jan 1999 to Dec. 2008. Provide statement and amount of Ground Rent (Proportionate Share) deposited by the flat owners during the time.
(ii) Information received and action taken report on reply from M/Wing as per point 4 of PIO's reply file No. F.1(Misc.)/CIC/DDA/RTI/29 dated 3.6.16 in ref. of CIC/KY/A/2016/000260.
Dy. CAO(LC)-I/PIO, DDA vide letter dated 20.01.2017 provided point wise information to the appellant. Being dissatisfied, the appellant filed first appeal. Feeling aggrieved with no response received from FAA, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both the parties are present and heard. The appellant submits that 71 flats at Atam Vallabh CGHS, Sector 13, Rohini, Delhi were converted to freehold upon payment of ground rent. He submits that the society was paying ground rent annually. He submits that while the society was depositing lump sum ground rent with DDA, it is unknown as to why DDA charged ground rent separately for the said 71 flats over and above what was being paid as lump sum by society for the whole CGHS. He expressed desire to inspect the accounts maintained by the DDA. He submits that the rent deposited by 71 flats owners has not been reflected in the account of the CGHS maintained by DDA. The PIO, DDA submits that the ground rent due account is kept enbloc for the CGHS society as a single unit and no member wise account is maintained.
Decision:
The Commission fails to understand the relevance of accounting and record maintenance standards adopted by DDA in the present age of digitalization. While conversion from leasehold to freehold is done unit/ house wise within a CGHS, no separate account of ground rent received from lessee is maintained. Maintaining an amalgamated account for CGHS as single unit is of no real worth. The PIO is directed to collate and furnish information as sought in the best manner possible within 2 weeks. The appeal is disposed of. ***************************************************************************************** CIC/REGCS/A/2017/120062 (Sanjeev Kr. Jain versus PIO, Registrar of Societies) Vide RTI applications dated 05.01.2017, the appellant sought information as follows:-
1. Action Taken Report and proceeding details of Recovery Court in the Execution of recovery of Award Cases No. 160 and 161/GH/DR/ARB/11- 12 against flat owners of M1/46,M1/56 of the Atam Vallabh CGHS, Sec-
13, Rohini, Delhi-85.
2. Copy of RCS Citizen charter and time frame of execution of recovery cases.
3. Copy of ATR on order of CIC dated 19.4.2016 in the RTI ID627 dt. 2.6.2015.
Having not received any response with CPIO, the appellant filed first appeal dated 06.02.2017. Feeling aggrieved with no response received from FAA, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both the parties are present and heard. The appellant submits that a member of the Atam Vallabh CGHS was not paying maintenance dues for past 20 years and the society obtained an award against the said award. He submits that an earlier appeal bearing no. CIC/SA/A/2016/000133 on same cause was adjudicated by a coordinate bench of the Commission. The order reads as:
2. The appellant sought information pertaining to action taken report on the Order dated 8.10.2007 pertaining to issuance of recovery certificate u/s section 105 of DCS Act in Atam Vallabh CGHS. The CPIO did not respond. The FAA directed PIO-section 1 to provide information. The appellant filed second appeal before this Commission.
DECISION:
3. In response to point no. 2 action taken on award was provided to the appellant. Regarding point no. 1 neither appellant nor the public authority has copy of arbitration award. The appellant stated that the original copy of arbitration award is supposed to be with the management of the cooperative society, but society has to submit award in original to RCS for execution. The appellant produced photo copy of summon no. 3400 dated 19.11.2009 demanding payment of Rs. 3,58,222 and summoning Mr. Jitender Kr. Jain to attend the RCS court and make payment. This also continued a warning that the non-payment would result in warrant of arrest and attachment of property of judgment debtor.
4. PIO claims that award was missing and which they could not trace despite serious efforts. Arbitration section of RCS could not trace the part of the file. PIO sought some time to make fresh effort to search file. PIO also suggested that if file is not traceable, appellant might seek fresh arbitration. Commission directs accordingly.
The PIO submits that the office of RCS has initiated recovery proceedings and fresh recovery notices have been issued. PIO, RCS assured the Commission that the award shall be executed expeditiously.
Decision:
The Commission after considering all relevant factors deems it appropriate to direct the PIO to furnish to the appellant an up to date action taken report indicating the status of recovery as on date of reply. The order shall be complied within 2 weeks of receipt under intimation of compliance addressed to the Commission.
(Yashovardhan Azad) 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.
(R.P. Grover) Designated Officer