Central Information Commission
M C Jain vs Delhi Development Authority on 24 July, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/RECOS/C/2017/191342
CIC/DDATY/A/2017/158371
Date of Hearing : 17.07.2018
Date of Decision : 17.07.2018
Appellant/Complainant : Mr. M. C. JAIN
Respondent : PIO/Assistant Registrar & PIO, O/o.
the Registrar of Cooperative
Societies (Govt. of NCT of Delhi)
Through:- Sh. Sunil Sachdeva-
Advocate, M. Akhtar-AE, Sh. Sanjay
Jain-Asstt. Registrar, Sh. P K
Dhamija, Sh. Rajpal
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 17.10.2016 & 13.12.2016
PIO replied on : - - & 26.12.2016
First Appeal filed on : - - & 13.07.2017
First Appellate Order on : - - & - -
2nd Appeal/complaint received on : 16.12.2016
Information soughtand background of the case:
CIC/RECOS/C/2017/191342 Vide RTI application dated 17.10.2016, the appellant sought certified copy of the members who were invited to attend and participate in the meeting of the Management Committee held on 2nd of June, 2016.
Having not received any response with CPIO, the complainant filed a complaint to the Commission.
CIC/DDATY/A/2017/158371 Vide RTI application dated 17.10.2016, the appellant sought certified/photo- copy of the permission letter, issued to the President/Secretary of the Vinayak Cooperative Group Housing Society Ltd. located at Plot-36, Sec-10, Dwarka, New Delhi for constructing rooms in the premises of the Society at the Ground Floor in common area in Block A and Block E during the year 2013-14.
Appellant's RTI was transferred here and there many times but no response given to the appellant. Therefore, the appellant dissatisfied and filed first appeal but the first appeal remained unheard.
Feeling aggrieved as neither PIO nor FAA furnished the information, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties are present and applicant states that he wanted to seek some information from the Society and had submitted an application with cash Rupees Ten at the office of the President of the Co operative Society. However, he was aggrieved since the said application was not received nor information furnished to the applicant. Hence he filed complaint and an RTI Application, alleging that his complaint was not attended properly. Respondent is represented by counsel who explains that the applicant is not entitled to the information under provisions of the Section 139 of the Delhi Co- operative Societies Act [hereinafter referred as DCS Act],2003 since the applicant is neither a member nor a creditor of the Society. Moreover, if Mr. Jain was not satisfied with the way his application was handled, the applicant was always entitled under law to file an Appeal under Section 139 of the DCS Act, 2003 before the First Appellate Authority/Registrar. However, the applicant had not exhausted his remedy before the Registrar of Co operative Societies Act, 2003. Respondent's counsel assured that if the applicant filed the application through his wife, who is a member of the Society, they will have no objection in supplying the information.
Respondent has further informed this Commission that the applicant has floated an Association of some members and has been interfering with the Managing Committee of the CGHS, instead of adopting the legal remedy of approaching the Registrar with his grievance.
Decision:
After hearing the parties and perusal of records, the Commission notes that the RTI application was filed by the applicant invoking Section 139 of the DCS Act. However, the respondent has replied that the applicant failed to fulfil the parameters as laid down under Section 139 of the DCS Act, 2003. In order to appreciate the legal hindrance in dissemination of information in this case, it is imperative to visit the provisions of the Section 139 of the Delhi Co- operative Societies Act, 2003, which are as follows:
"139. Right to information. - [(1)] Any member or creditor having interest in the affairs of the co-operative society may seek information relating to any transaction of the co-operative society and for that purpose may be provided a certified copy of any document within thirty days from the date of receipt of application relating to such transaction on payment of such fee as may be specified.
[(2)] Where a member or creditor having interest in affairs of a society seeking information prefers an appeal to the Registrar stating that the officer of the society without any reasonable cause, has refused to receive his application for providing information or has not furnished information within the time specified under sub-section (1) or has refused the request for information or knowingly given incorrect information or obstructed in any manner in furnishing the information, the Registrar, after affording a reasonable opportunity of being heard to the officer of the society and the appellant, may either reject the appeal; or direct the officer of the society to furnish information within the period specified in the order or such extended period as may be allowed, and in case of default the Registrar may impose a penalty of two hundred and fifty rupees each day till the information is furnished, so however, the total amount of such penalty shall not exceed ten thousand rupees which shall be recoverable as arrears of land revenue in case of default in payment.]"
In the light of the provision of law, explicitly providing the remedy as per law, the Commission advises the applicant to approach the Registrar of Co operative Society, in the proper manner as per provisions of the Act, seeking redresal of his grievance. In such eventuality, Respondent shall be duty bound to furnish information in terms of law, to the queries of the applicant.
The cases are thus disposed of.
(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