Central Information Commission
Er. A.N. Rajput vs Registrar, Cooperative Societies, Ut ... on 5 December, 2008
8AN Rajput Chd 05 12 3 1
CENTRAL INFORMATION COMMISSION
Block IV, 4Th Floor, Old JNU Campus
New Delhi-110067
Appeal No. CIC/LS/A/2008/00008
Appellant: Er. A.N. Rajput
Public Authority: Registrar, Cooperative Societies
UT of Chandigarh
(through Shri R.S. Sangwan, Assistant
Registrar-cum-CPIO)
Date of Hearing: 05/12/2008
Date of Decision 05/12/2008
FACTS:-
By his letter 07/11/2007, the Appellant had sought information from Registrar, Cooperative Societies, UT of Chandigarh, regarding alleged fraud committed by Shri V.K. Midha, ex-President of the Milkfed Employees' Cooperative House Building Societies Limited, Chandigarh, and Shri Umesh Babu, ex-Secretary in the matter of construction of flats of the Society during the year 2004-06 and thereby causing undue loss to the members of the Society by way of unduly inflating the cost of the flats so constructed and handing over of the incomplete flats etc. The Assistant Registrar, Societies(CPIO), vide his letter dated 30/06/2008, had directed the President/Secretary of the aforesaid Society to supply information directly to the Appellant. It appears that no information was supplied to the Appellant. Then, he filed first Appeal before the Appellate Authority, vide his letter dated 17/07/2008. It appears that the Appeal has not been decided so far.
2. In the meanwhile, the Appellant filed Second Appeal before this Commission by his letter dated 17/11/2008.
3. The matter was heard on 05/12/2008. The Appellant appeared before the Commission. The Public Authority is represented by the officer named above. Shri Sangwan would submit that the aforesaid Society is not a Public Authority and furnished a copy of the Hon'ble Karnataka High Court in Writ Petition Nos. 16901/2006 (Dattaprasad Cooperative Society Limited Vs. S.C. Bhatt and Smt. Jaishree Bhatt wherein it has been held that the said Society is not a Public Authority in terms of section 2 (h) of the RTI Act, 2005. The copy of the aforesaid order was taken on record.
4. On the other hand, the Appellant would submit that initially, the management of the Society had promised to allot flats @ Rs. 7 to 8 lacs per flat in 2004 but subsequently the Society inflated the cost per flat of 'A' category to Rs/ 10.25 lacs. He would also submit that the flats are still incomplete and to make them habitable, the allottees will 8AN Rajput Chd 05 12 3 2 have to spend 3 to 4 lacs from their pockets. He would also submit that the Management of the Society has inflated the cost as a result of fraud committed by them.
5. I am satisfied that the Milkfed Employees' Cooperative House Building Societies Limited, Chandigarh, is not a Public Authority as defined in section 2 (h) of the RTI Act and, therefore, the matter in hand does not fall in the domain of this Commission. Even so, certain irregularities appear to have been committed by the management. From the submission of the Appellant, it appears that the cost of flats has been unduly inflated. Shri Sangwan submits that it is possible for the Registrar to take action under section 28 of the Punjab Cooperative societies Act, 1961, as applicable to UT of Chandigarh and that they have already initiated some action in this regard.
DECISION
6. As mentioned above, the matter in hand does not fall in the domain of RTI Act. However, Registrar, Cooperative Societies, UT of Chandigarh, is desired to take appropriate action in the matter in hand as per the provisions of Punjab Cooperative Societies Act, 1961 as applicable to the UT of Chandigarh.
7. The matter is disposed of accordingly, (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 Tele: 011-2616 26 62