Central Information Commission
S B Sharma vs Gnctd on 2 May, 2025
के य सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मु नरका
Baba Gangnath Marg, Munirka
नई द ल , New Delhi - 110067
वतीय अपील सं#या/Second Appeal No. CIC/DS/C/2013/000445
Mr. S B SHARMA ... अपीलकता/Appellant
VERSUS
बनाम
CPIO
Office of the Registrar Cooperative
Societies, Old Court Building,
Parliament Street, New Delhi -110001
2. CPIO
The Central Govt. Services Co-operative
Land & Group Housing Society Ltd.
Vikas Kunj, Vikaspuri
New Delhi-110018 ...% तवाद /Respondent
Relevant dates emerging from the appeal:
Date of Previous Order: 17.04.2014 Date of Non-Compliance-Hearing: 23.04.2025 Order w.r.t disposal of Non-Compliance: 02.05.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Page 1 of 6
1. The issue under consideration is the non-compliance complaint filed by the Complainant several occasions of CIC's order dated 17.04.2014, the latest being 06.06.2024 in the above matter.
2. The above-mentioned appeal of the appellant, Shri S B SHARMA was disposed of by the Commission on 23.04.2025 wherein following observations and directions are given:
"FACTS Heard on 16.4.14. Appellant not present. Public Authority is represented by Shri Vig and Shrii Walia
2 During the hearing, the Respondent of the Society submitted that Appellant has paid the loan and since the entire society is mortgaged to DCHFC, it was decided that every member should pay according to value of his flat and because of that decision, Appellant have to pay Rs.6200. He added that bank is collecting the money directly from the members and the society is not involved. He added that Appellant has not paid any amount towards maintenance charges till date The Appellant on the other hand submitted that society without issuing notice to him is putting his name on the notice board with the remark that Rs.1.50 lakhs is outstanding from him.
The President Secretary of the Society is directed to furnish a comprehensive statement indicating the amount of loan availed by the Appellant and the amount outstanding as on date. The President/Secretary of the Society is also directed to inform the rule/document by which every member is directed to pay the amount according to his flat. The information should each the Appellant within twenty days of receipt of this order.
The appeal is disposed with the above direction"
3. The Appellant first reported non-compliance vide his letter dated 15.05.2014 of the above order stating that:
"1. With reference to your above order passed by your honour the President of Society (Vikas Kunj), New Delhi-110018 has forwarded the comprehensive statement of Outstanding dues which is false and misleading in as much as adjustment of Rs. 3000/- and Rs. 1800/- which are being adjusted only after A the orders dated 17-04-2014 passed by your honour.Page 2 of 6
2. It is further submitted that the false and bogus statement of out-standing dues has been sent to me only with a view to safeguard interest of the M.C. of The Society. The Society should have clearly stated when this amount was received by it and why it is being adjusted now in the year 2014 only after the order referred above passed by your honour.
3. The society which was represented through its representative viz Mr. Vig The Treasurer and Mr. Walia Vice-President of the Society was further directed /instructed to furnished comprehension statement of DCHFC Society Loan availed by Mr. S.B. Sharma (Appellant) against his Flat No. 338. But the required statement has not been furnished by the Society till date 15-04-2014 which is clear cut violation of orders of both the Competent Authorities (C.I.O and the special Registrar Office of the RCS).
4. With reference to the minutes dated 07-09-2008 of MC or AGM liquidating of loan of DCHFC order the impugned resolution of SAGM dated 07-09-2008 (Minutes and the order dated 22-06-2011) passed by the Delhi-co-operative Tribunal. It is humbly submitted that when I have never availed any loan from DCHFC society then. How I am liable to pay the outstanding dues of the DCHFC loan. Thus I am to state that the above minutes / orders and the order passed by the Tribunal court cannot be made applicable on me because I have never received any loan from the DCHFC. According to me and as far as I understand that No Law on the Earth can Punished any innocent person from the Crime Committed. Thus the outstanding dues of the DCHFC could only be recovered from the DCHFC lonee member / defaulter members who they took the loan from the DCHFC and not from me who took any loan from the DCHFC society. Neither I filled any DCHFC loan form nor I got the loan from the DCHFC (I am not lonee DCHFC) for this I have informed the Society prior to the allotment of my flat.
5. It is for your kind information that I availed the HBA only from my office and from my own resources details their of has already been furnished to AR(West) RCS and the special Registrar (who issued the orders against the Society on dated 05-11-2013).
6. In this connection I wrote a letter to AR(West) and the same was received by his concerned clerk on 07-03-2014) on 07-03-2014/28-02-2014 in which I have clearly mentioned / noted the details of the Spl. RCS order dated 05-11-2013 and the copy of this order dated 05-11-2013 in details was supplied by me to the MC of the Society on 17-04-2014 for reply urgently (without further delay) but no reply has been received as yet dated 15-05-2014.
6. It is submitted that I have not received any reply to my letters from the AR(West) Res. Office nor from the Society till date 16-05-2014.Page 3 of 6
It is humbly submitted that the MC of the society be directed / instructed to comply with the orders dated 05-11-2013 passed by the spl. Registrar (Appellant authority) and order dated 17-04-2014 passed by the Sh. M. Sridhar Acharyula C.I.O File No. CIC/DS/C/2013/000445-5A decision dated 17-04-2014 in statement letter and spirit. The false / bogus out standing Bills dues submitted by the MC of the society be directed to be cancelled immediately and fine on the four (4) RTI letters given to AR(West) and the MC of the society may be imposed penalty / fine under relevant RTI Rules / Act."
4. The Appellant recently reported non-compliance vide his letter dated 06.06.2024 of the above order stating that:
"Please pray to your honour to issue some serious directions/ orders to the Secretary/ President of the M.C. of the society for the compliance of the order attached herewith without further delay. I have already paid all the amounts to the society through cheques and all the cheques cleared by the banks."
5. The Registry of this Bench vide letter dated 28.05.2024 had sought comments of the CPIO on the non-compliance complaint filed by the Appellant.
6. The Assistant Registrar (Section-II/GH), vide letter dated 04.07.2024, informed the Commission as under:
"Please refer to your letter No. CIC/DS/C/2013/000445-SA dated 28.05.2024 regarding non-compliance of Commission's order dated 17.04.2014 in appeal No. CIC/DS/C/2013/000445-SA.
In this regard, it is submitted that as per information available within the section in compliance of CIC's order dated 17.04.2014 the society has already vide their letter No. CGHS-VK/2691/338/2014-15 dated 07.05.2014 (copy enclosed) provided the information to the appellant (i.e. Sh. S.B. Sharma)."
The contents of letter dated 07.05.2014, is as under:
"(1) comprehensive statement indicating the amount of outstanding dues as on 30.04.2014.
(ii) Minutes of Special General Body Meeting dated 07 September 2008
(iii) Extract from the Order dated 22.06.2011 passed by the Delhi Cooperative Tribunal"
Relevant Facts emerged during Hearing:
The following were present:-Page 4 of 6
Appellant: Present in person. Respondent: Absent.
7. The Appellant while reiterating the contents of RTI Application stated that the Respondent has not provided the relevant information as sought in the instant RTI Application. He further requested the bench to remove his name from the list of defaulters and pass a recovery order of Rs. 18,00,000/- against the Respondents.
8. The Respondent did not participate in the hearing.
Decision:
9. The Commission, after hearing the submissions and after perusal of records, observes that the concerned Respondent vide letter dated 07.05.2014 has already complied with the direction passed by the previous bench of the Commission vide order dated 17.04.2014. It is further observed that the Appellant is contesting the veracity of the information and has an underlining grievance and seeking redressal of the same. Grievance cannot be addressed under the scope and ambit of the RTI Act. Accordingly, the Commission deems it fit to close the non-compliance proceeding in the instant case.
The non-compliance petition is disposed of.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) (अ&भ%मा(णत स*या पत % त) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 6 Addresses of the parties:
1. CPIO Office of the Registrar Cooperative Societies, Old Court Building, Parliament Street, New Delhi -110001
2. CPIO The Central Govt. Services Co-operative Land & Group Housing Society Ltd.
Vikas Kunj, Vikaspuri New Delhi-110018 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)