Indian Kanoon - Search engine for Indian Law

Central Information Commission

Rritu Singh vs Office Of The Registrar Cooperative ... on 27 April, 2026

                                       के   ीय सूचना आयोग
                                Central Information Commission
                                     बाबा गंगनाथ माग,मुिनरका
                                 Baba Gangnath Marg, Munirka
                                  नई द ली, New Delhi - 110067
ि तीय अपील सं       ा / Second Appeal No. CIC/RECOS/A/2024/135671

 Rritu Singh                                                    ... अपीलकता/Appellant

                                        VERSUS
                                         बनाम
 CPIO
 REGISTRAR CO-
 OPERATIVE SOCIETIES
 GNCTD                                                       ... ितवादीगण/Respondent

Relevant dates emerging from the appeal:

 RTI : 16.07.2024                 FA    : 20.08.2024            SA      : 05.11.2024

 CPIO : 14.08.2024                FAO : Not on record           Hearing : 20.04.2026


Date of Decision: 24.04.2026

                                      CORAM
                 Chief Information Commissioner: RAJ KUMAR GOYAL
                                      ORDER

1. The Appellant filed an RTI application dated 16.07.2024, before the CPIO, Registrar Co-Operative Societies, GNCTD, seeking information in respect of Modern CGHS Ltd. as under:

"1. Tentative Date of holding of pending elections to constitute New MC and appointment of returning officer.

2. List of members

3. List of defaulters

4. Copy of Audit Report 2019.

5. Balance availble in saving and FDR in banks.

6. Payment made to income tax and details of last ITRetun Filed till date.

7. Reciept of details of funds recieved from Bharat Bijlee and income tax paid on it."

2. The CPIO & Assistant Registrar (H/S-IV) replied to the RTI Application vide letter dated 14.08.2024, as under:

"The information sought by the applicant is not available in this office, but may be available in the society. In case, the applicant is a member of the society he/she may obtain the requisite information directly from the society under section 139 of the DCS Act, 2003."

3. Aggrieved with reply of the CPIO, the Appellant filed a First Appeal dated 20.08.2024, inter alia, stating as under:

"I am not satisfied with the reply from PIO.

It is humbly submitted here that Ld. Registrar Sh. A.K Singh during his appearance before NHRC on 12.04.2024 had given an undertaking that the election for constituting MC in society will be made in 3 Months.

Till date no action is taken.

A representation was made before chairman NHRC in case no 531/20.06.2024 since no action was taken in this matter with copy to Home minister and Chief Secretary Delhi Government.

Ld. Deputy Secretary (Home NHRC) vide letter 1684-85 dated 08.08.2024 had made direction to Registrar cooperative societies to inform Rritu Singh on action taken by him at his earliest."

4. The FAA's order, if any, is not available on record.

5. Subsequently, the Appellant approached the Commission with the instant Second Appeal on 05.11.2024, stating as under:

"As directed by PIO, an RTI 12241 dt 20.08.2024 by Mail and personaly submitted on 22.08.2024 was made to Administrator but till date no reply recieved.

Sir, it is humbly submitted here that society is being managed by Administrator for the last 15 years and despite of undertaking given in NHRC, Ld. Registrar is not giving any direction for election in society for consistuting duly elected managing committee to look after society matters.

Ld.Registrar cooperative Societies, Sh A.K.Singh had appointed Sh. Krishan Kumar as administrator of society from 14.06.2024 to hold elections w/1 3 months. Ld administrator did not visit society since 22.07.2024."

Hearing Proceedings & Decision

6. The Appellant remained absent during the hearing. On behalf of the Respondent, Meenakshi Sharma, SO & CPIO along with Sameer Shandilya, SA attended the hearing in person.

7. The Respondent relied on the written submissions dated 16.04.2026 sent to the Commission and endorsed to the Appellant, stating as under:

"...since, the information sought by the applicant is closely pertains to the Modern CGHGS Ltd., and the Managing Committee of the society is the custodian of the said documents. At present, the society is working/running under the supervision of the Adminstrator appointed by this office u/s 35(5) of DCS Act, 2003. Therefore, this office vide letter dated 08.04.2026, requested the Administrator to provide the requisite information for onward submission in the Hon'ble CIC. The requisite information/documents have been obtained from the Administrator, Modern CGHS Ltd., Sector-15, Rohini, Delhi vide their letter dated 10.04.2026 (received on 13.04.2026).

Accordingly, as per available information and information received from the Administrator of the society, the point wise information along with annexure are as under:

1. The Administrator in his letter dated 13.04.2026 has not provided information in this regard and he has provided a list of Managing Committee as on 31.03.2009 (Annexure-A).

However, as per available record in this office, the election of the society is not conducted for a long time, because, the society is continuously under litigation due to illegal expulsion of members by the society, due to cases pending in the Hon'ble Supreme Court for vacating the flat from the illegally occupied members.

The case of the society is subjudice in the Hon'ble Supreme Court, disputes of the members and the audit of the society is pending since 2019-20 onwards, therefore, the election has not been conducted. However, the Administrator has directed to complete the pending audit of the society, so that election can be conducted after concluding the aforementioned matters.' 2 - 7. Enclosures provided from Annexure 'B' - 'G'.

8. The Commission after adverting to the facts and circumstances of the case, observes that as far as the unavailability of the information with RCS was indicated in the initial reply of the CPIO, the same was as per the provisions of the RTI Act. However, advising the Appellant to approach the Society was not in alignment with the provisions of the RTI Act, as Section 2(f) and 2(j) of the RTI Act envisages that a public authority ought to provide the information that is 'under their control' or that can be 'accessed' by it from the record holder office/private body 'under any law for the time being in force'. In other words, the efforts undertaken by the CPIO at this stage to procure the information from the concerned Society should have been made in the initial instance itself.

9. Considering the revised reply provided to the Appellant vide the letter dated 16.04.2026 and in the absence of the Appellant to plead her case, no action is warranted in the matter.

10. However, the CPIO is advised to ensure disposal of such RTI Applications in the future, in terms of Section 2(f) and 2(j) of the RTI Act.

11. The Appeal is disposed of accordingly.

A copy of the decision be provided free of cost to the parties.

Sd/-

                                                (Raj Kumar Goyal) (राज कुमार गोयल)
                                Chief Information Commissioner (मु     सूचना आयु )
                                                              िदनां क/Date: 24.04.2026

Authenticated true copy

Bijendra Kumar (िबज कुमार)
Dy. Registrar (उप पं जीयक)
011-26186535




Page 5 of 5                                          Second Appeal No. CIC/RECOS/A/2024/135671

Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)