Central Information Commission
Surinder Kumar Malik vs Delhi Development Authority on 24 September, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DDATY/A/2023/628570
Surinder Kumar Malik .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Assistant Director (GH), Delhi
Development Authority, C
Block, Second Floor, Vikas
Sadan, INA, New Delhi - 110023 ....प्रनर्वािीगण /Respondent
Date of Hearing : 11.09.2024
Date of Decision : 23.09.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 15.02.2023
CPIO replied on : Not on record
First appeal filed on : 10.04.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 10.06.2023
Information sought:
The Appellant filed an RTI application dated 15.02.2023 seeking the following information:Page 1 of 5
"I had applied to DDA for conversion of my flat A-702, Sunny Valley CGHS, plot no 27, Sector 12 Dwarka New Delhi 110075, as per my application Form No 198695. The Challan number 10088047 dated 20/08/2019. The file number of my application is FB/71758/2019/GH/DDA. The additional documents required by DDA as per its letter FB/71758/2019/GH/DDA. 8688 dated 29/10/2019 also stands submitted to Assistant Director (GH), DDA, Group Housing Society,C-Block, Second Floor, Vikas Sadan, INA, New Delhi on 29/11/2019.The subsequent reminder sent by me has also been received by DDA as per receipt No REC/LD/22/8993 dated 14/07/2022.
Kindly intimate
1. The status of my application
2. The reasons for keeping my application pending for such a long time be furnished.
3. The approximate time frame by which my application will be processed shall also be intimated to me."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 10.04.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Ms. Kamakshi Kumari, PIO-cum-Assistant Director (MIG-H), attended the hearing in person.
The Appellant did not participate in the hearing despite service of hearing notice.
The Respondent submitted that first reply qua the instant RTI Application has been given to the Appellant through online mode on 23.02.2023, wherein the Appellant was informed as under:Page 2 of 5
"Please visit the office of Dy. Director(GH) with all your documents and copy of challan for further process or you may contact to DD(GH) 011-24661684."
She added that First Appeal has also been adjudicated by the First Appellate Authority through online mode on 01.06.2023, wherein the Appellant was informed as under:
"Your conversion application has been rejected by the competent authority and intimation letter to you has been sent vide letter no. F8(71758)19/GH/DDA/96 Dated 11.05.2021. Your conversion application was rejected due non submission of required documents issued by letter no. F8(71758)19/GH/DDA/10139 Dated 30.12.2019. Your application will be processed as and when all the requisite documents are submitted by you and issuance of NOC from accounts branch."
A written submission has been received from the Appellant vide letter dated 03.09.2024, wherein the Commission has been apprised as under:
"1. The application for conversion of Lease Hold property in to Free Hold of Residents built-up properties pertaining to House No. A-702, SUNNY VALLEY CGHS, Plot No. 27, Sector-12, DWARKA, NEW DELHI-110075 in the name of Mrs. Raj Kumari Malik (First Allottee) and her Husband Mr. SURINDER KUMAR MALIK to DDA as per application No. R:0198695 Dt. 19.08. 2019.The DDA allotted File No. F/8(71758)2019/GH0670/DWA dt. 20.08.2019.
2. The DDA, as per its letter No. FB(71758)19/GH/DDA 8688 dt. 29.10.2019 demanded NOC from Mortgage and the requisite NOC was submitted by me as per letter dt. 20.11.2019. The DDA again raised the same query vide letter dt. 30.12.2019, which was also replied along with the required documents.
3. I did not receive any communication after that and also could not pursue/follow due to Covid period (Being Senior Citizens). Subsequently my File/Case was closed for the reasons best known to DDA.
4. I requested regarding where about of my File/case through RTI application dt. 15.02.2023, followed by First appeal dt. 10.04.2023, but DDA authority failed to provide the information asked under RTI Act 2005. Therefore, an Appeal was made to the CIC.
5. Meanwhile, further to the above history, I visited the Office of Dy. Director (GH) DDA and requested to locate and re-open my File/Case. After number of visits, I could get my file located and I was asked to submit some documents such as: fresh NOC from Society, Self-declaration, affidavit and deposit of amount etc. which I submitted personally to the Dealing assistant in the presence of Dy Director. The Dealing assistant was satisfied with the documents and confirmed that, nothing else is required now and the file will be processed. The documents were submitted as per Diary No. 586 dt. 13.06.2024 in the office of DDA (GH).Page 3 of 5
6. When nothing was heard even after more than a month, I again went to Dy Director (GH). Since new Dy Director had joined after transfer of the old one, the case was again explained and copy of letter handed over. As per his advice, I met the dealing assistant to know the status of my case. I was again shocked to know that my case has not been processed and after lot of persuasion, the dealing could locate my file, but the documents submitted a month back to reprocess the case were missing.
The documents were not even attached in the file and were not available. The dealing however, said that he will try to process the case after locating the documents within a month.
Final status not known until now.
Through this Appeal I request the Commission to kindly intervene and get the information and latest status, along with the extraordinary delays at every step in processing my case. Also, the responsibility for this harassment and non-supply of proper information and non-transparency may also be fixed of the Officer/Officials concerned. The directions may be passed to immediately locate my File and all documents and initiate the process for conversion of my property to free hold without any further delay."
A written submission has been received from PIO-cum-AD (Group Housing Society), vide letter dated 06.09.2024, a copy of which has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Sir.
This is with reference to the notice of hearing before Central Information Commission bearing No. CIC/DDATY/A/2023/628570 dated 28.08.2024 in connection with the RTI application of Shri Surender Kumar Malik dated 15.2.2023 and first appeal dated 10.4.2023 Appellant has stated that no reply of RTI application and 1 appeal under RTI Act has not been received. The averment of appellant is wrong and denied as the reply of RTI application dated 15.2.2023 received online and reply was also issued online on 23.2.2023 by the then PIO Applicant was advised to visit the office of Dy Director (GH) with all your requirements and copy of challan for further process or he may contact on 011-24661684 (Print out enclosed) As regard, 1 appeal under RTI Act was received online on 10.4.2023 and reply was issued on 1.6.2023 by the then FAA Applicant was informed that his conversion application was rejected due to non-submission of required documents. His application will be processed as and when all the requisite documents are submitted by him and issuance of NOC from accounts branch (Print out enclosed) In view of the above appellant has not approached to the Commission with clean hands and concealed the information received from DDA in response to RTI application and 1 appeal. Appellant has wasted the valuable time of Commission by concealing the facts of receipt of reply as such 2nd appeal of appellant is liable to be rejected.Page 4 of 5
Appellant has submitted the hard copies of required documents on 11.6.2024 but still the signature of allottee has not been verified by the society and submitted the NOC of society without verification of signature. As soon as NOC of society with attestation of signature of allottee is received the conversion application will be processed."
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that a suitable reply in terms of RTI Act has been given by the PIO and FAA through online mode on 23.02.2023 and 01.06.2023 respectively. Hence, no intervention of the Commission is required in the instant matter for further adjudication.
However, before parting with the instant case, the Commission notes that the Appellant has wilfully suppressed the replies provided by the PIO and FAA while filing the instant Second Appeal. Thus, he has not approached the Commission with clean hands. The conduct is not appreciated.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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