Central Information Commission
Mr.P D Mittal vs Government Of Nct Of Delhi on 12 August, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001853+002035/8926
Appeal No. CIC/SG/A/2010/001853+002035
Relevant Facts emerging from the Appeal
Appellant : Mr. P.D. Mittal
G, 1/5,Ganga Triveni Society,
Sector,9,Rohini,
New Delhi-110085
Respondent : Ms. Anita Agarwal
Public Information Officer & Senior Manager O/o the Senior Manager, Delhi Cooperative Housing Finance Corporation 3/6 Sirifort Institutional Area August Kranti Marg, New Delhi-110049 RTI application filed on : 12/03/2010 PIO replied : 01/04/2010 First appeal filed on : 15/04/2010 First Appellate Authority order : 24/04/2010 Second Appeal received on : 07/05/2010 Sl. Information Sought Reply of the PIO
1. Details of share money deducted from each Share money has been deducted from each installment @ installment and the rate of interest 8.5% on released amount as under, thereupon. S.No. Date Share Money Amount
1. 18/11/88 3,91,000
2. 22/05/89 5,99,500
3. 01/03/90 5,16,500 Share money does not carry any interest thereon.
2. Please inform the amount of share money No release of share money has been found on the book of released by DCHFC with rate of interest accounts. Share money doesn't carry any interest thereon. thereupon to Ganga Triveni CGHS ltd. with dates. Also please inform the total amount However, dividend on it is allowed for which a statement of share money still lying with DCHFC in indicating therein dividend paid/ adjusted to the society the society account. running less than 1 page is enclosed.
The balance amount of Rs. 114000/- is lying towards share money, which includes Rs. 5000/- towards the membership of the society.
3. Please inform the exact no. of members/ No, such information can't be provided, as it is held in purchasers of this society DCHFC has fiduciary relationship which involve commercial/ trade secret issued NOC to get their flats freehold from interest and third party information which is specifically DDA. Also supply a copy of the mortgage exempted from disclosure under S.8 (1) (d) & (e) of the Act deed/loan agreement under which such and read with S.11 of the Act. NOCs were/are issued.
4. Please furnish the basis on which arbitration The arbitration cost of Rs. 390863/- and Rs.398623/- totaling fee for various arbitration award has been to Rs. 789486/- has been awarded by the arbitrators on 2 levied on Ganga Triveni CGHS ltd. and occasions.
Page 1 of 2amount and mode of payment for each As per the books of accounts a sum of Rs. 3,90,863/- towards award. arbitration cost on 3 different dates i.e. 21/01/03, 03/04/03 & 26/06/03 from the society.
5. Please specify the total amount of principal Copy of the ledger accounts since 18/11/1988 till 19/03/2010 and the amount of interest society has running under 13 pages is enclosed. repaid to DCHFC from time to time against a loan of Rs. 1.77 crore with dates from beginning till date.
6. List of such members from whom DCHFC Total amount of Rs. 5,21,696.75 has been received from the has claimed insurance after death of such LIC of India towards settlement of 8 death claims of the persons along with the amount. Ganga Triveni Coop. G/H Society ltd.
7. With each installment paid by the society a No such information is available on record, hence can't be list of members along with amount paid by provided. each was sent. Kindly supply details of each installments as above.
Grounds for the First Appeal:
Incomplete and unsatisfactory reply by the PIO with regard to Query No. 3 and 6 of the RTI Application. Order of the First Appellate Authority (FAA):
The order of the FAA stated that, the SPIO had correctly provided the information to the appellant as per RTI Act, 2005 Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO and the FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Ms. Anita Agarwal, Public Information Officer & Senior Manager;
The appellant has stated that he has not been given information on query-3 & 6 by the PIO. 1- Query-3: The PIO is directed to provide the exact number of members/purchasers of the society to whom DCHFC ahs issued NOC certificates to get their flats freehold from DDA. The PIO states that there is no particular in the mortgage deed/ loan agreement under which the NOCs were issued. The PIO will give this statement in writing to the appellant. 2- Query-6: The PIO has provided the total amount received form LIC for the eight death claims.
The PIO is directed to provide the list of members for whom the insurance claims has been made.
Decision:
The Appeal is allowed.
The PIO is directed to give the information on two points directed above to the appellant before 30 August 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 12 August 2010 (In any correspondence on this decision, mention the complete decision number.)(VN) Page 2 of 2