Central Information Commission
Mr.G Kkakar vs Government Of Nct Of Delhi on 7 June, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001041/8042
Appeal No. CIC/SG/A/2010/001041
Relevant Facts emerging from the Appeal:
Appellant : Mr. G.K. Kakar
G-2/2, Ganga Triveni society,
Sector-9, Rohini,
Delhi-110085
Respondent : Ms. Anita Agarwal
Public Information Officer & Sr. Manager Delhi Cooperative Housing Finance Corporation Ltd.
Gov. of NCT of Delhi
3/6 Siri Forti Institutional Area,
August Kranti Marg,
New Delhi-110049
RTI application filed on : 02/01/2010
PIO replied : 29/01/2010
First appeal filed on : 28/02/2010
First Appellate Authority order : 30/03/2010
Second Appeal received on : 23/04/2010
Information Sought PIO's reply
i). Vide letter dated 12.11.2009 addressed to the The information sought pertains to a loan
President of Ganga Triveni CGHS Ltd. an transaction between DCHFC and society and
individualization scheme was adopted by the cannot be provided under Section 8(1) of the
DCHFC on 31/03/2009 .Copy of the reply Act.
submitted by the society to DCHFC with annexures, if any in response to the above letter.
ii) Initially the loan was taken for 221 members Loan released for construction of 246 since the recovery has been spread over to 246 dwelling units of the society amounted to Rs. residents the amount of additional loan taken by the 1,77,28,000/- society from DCHFC for the 25 new members
iii) Justification for making the Applicant a party to It is for the society to ascertain the liability of the individualization scheme without any written individual members as no individual loan scheme. account is maintained.
iv) Section/clause under which the mortgage deal There is no such clause /section in the could be partially lifted. Mortgage Deed. v) Justification for the recovery of the loan amount Recovery proceeding are pending with the
outside the recovery suit already filed Corporation in Recovery Officer, RCS Delhi for its execution 2005 as per provision of law.
vi) The period during which the MC of the society No such information maintained on records. returned the unutilized loan amount to DCHFC
vii) Justification for issuing NOC to persons outside DCHFC is not maintaining any individual the list of 221 loanee members maintained by the loan amount. NOC is issued to the members society. of the society only after getting a certificate from the society towards full and final payment of his/her share under individualization scheme
viii) Justification for issuing NOC to persons whose No such information maintained on records. flats were already mortgaged with a different financial institution with prior permission from the MC of the society.
ix) The amount of dividend released to the society A statement is enclosed indicating the year wise from the date of releasing loan till the dividend amount of Ganga Triveni CGHS completion of 80 loan installment after 20 years. Ltd. paid/adjusted from 1985-86 to 2008- 2009.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO Order of the First Appellate Authority (FAA):
The FAA found that the PIO had already provided all the information to the Appellant and hence the appeal was disposed off.
Grounds for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Ms. Anita Agarwal, Public Information Officer & Sr. Manager;
The PIO has refused to give information on query-1 on the ground that the information is held in fiduciary capacity under Section 8(1)(e) of the RTI Act. Information held by a bank/financial institution of its customer is certainly fiduciary in nature and the Commission accepts the position taken by the PIO as being valid. However, the Commission directs PIO to send a copy of the sanctioned letter of the loan to the appellant.
Decision:
The Appeal is partially allowed.
The PIO is directed to give a copy of sanctioned letter of the load to the appellant before 20 July 2010.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 07 June 2010 (In any correspondence on this decision, mention the complete decision number.)(AG)