Central Information Commission
Mrbharat Kumar vs Debts Recovery Tribunal, Triveni ... on 23 June, 2015
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/MP/A/2014/001751
Appellant : Shri I. Bharat Kumar,
Hyderabad.
Public Authority: Debts Recovery Tribunal, New Delhi.
Date of Hearing : 22nd June, 2015.
Date of Decision : 23rd June, 2015.
Present :
Appellant : Not
present.
Respondent : Shri S.S.
Chauhan, Recovery Officer/CPIO in
person.
ORDER
1. The appellant, Shri I. Bharat Kumar, submitted RTI application dated 29.04.2014 before the Central Public Information Officer (CPIO), Debts Recovery Tribunal, Delhi seeking information relating to the instances where auctions under RDDB Act of immovable properties had been completed i.e. sale certificates issued and also sought to know whether there was delay in making payment by the bidders i.e. 25% bid amount + 1% poundage paid on the same day; balance 75% within 15 days thereof; period of delay; the number of instances the time for payment was extended; the number of instances in which full payment was received but possession was not handed over/sale certificates could not be issued with reasons thereof.
2. The CPIO vide letter dated 16.05.2014 informed the appellant that no such information was compiled or maintained by the DRT. However, if the appellant wanted the information for a particular case, it could be provided to him. Dissatisfied with the reply of the CPIO the appellant filed an appeal on 12.06.2014 before the first appellate authority (FAA). The FAA vide order dated 17.07.2014 informed the appellant that presently 33 DRTs are functioning in the country and in terms of Section 22 of RDDBI Act, 2003, each DRT and Appellate Tribunal shall have powers CIC/MP/A/2014/001751 1 to regulate their own procedure including the places at which they shall have their sittings. In the light of this provision in the Act, the DRT Delhi had not been maintaining/compiling the records in the format as sought for. If any other DRT maintained/compiled any records in a manner as per their internal system and procedure which may be different from DRT, Delhi, it may be purely, due to their own local demands evolved over a period of time and may not be binding on each and every DRT functioning across the country.
3. Thereafter the appellant filed the present appeal before the Commission.
4. The matter was heard by the Commission. The appellant did not attend the hearing in spite of a notice of hearing having been sent to him. The appellant in his appeal filed before the Commission stated that the CPIOs of various other DRTs viz. Chennai, Chennai-I, Kolkata, Coimbatore and Hyderabad had promptly complied with his request and provided information. But DRT, Kerala & Lakshadweep, Ernakulam and Kochi and New Delhi refused to provide the information. The respondents reiterated their stand by stating that the information as sought for by the appellant was not compiled and maintained by them. They stated that the appellant can inspect the records as per regulation of the DRT.
5. The Commission accepts the submissions of the respondents and upholds their decision. However, in the interest of transparency and accountability the Commission recommends the respondents to explore the possibility for compiling the information as is being done by some other DRTs including Chennai and provide the outcome to the appellant under intimation to the Commission within one month of receipt of this order. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Ph. No. 011-26105027 CIC/MP/A/2014/001751 2 Address of the parties:
Shri I. Bharat Kumar, C/O Sri Salasar Constructions, H. No. 8-3-1052/1A, Plot No. 143, Sri Nagar Colony (Beside Ratnadeep Super Market), Hyderabad-500073.
The Central Public Information Officer, Debts Recovery Tribunal, 2nd Floor, Sanskriti Bhawan, Keshav Kunj, D.B. Gupta Road, Jhandewalan, New Delhi-110055.
The First Appellate Authority, Debts Recovery Tribunal, 2nd Floor, Sanskriti Bhawan, Keshav Kunj, D.B. Gupta Road, Jhandewalan, New Delhi-110055.CIC/MP/A/2014/001751 3