Central Information Commission
Mrpradeep K Moitra vs Registrar Cooperative Society, Gnct, ... on 17 March, 2015
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Information Commissioner
CIC/SA/A/2014/001328
Pradeep K.Koitra v. Registrar of Coop Societies
Important Dates and time taken:
RTI: 24314 Reply: Time:
FAA: 29414 FAO: 28414 Time:
SA: 27814 Hearing:12315 Decision:1732015
Result: SHOW CAUSE
Observation: Missing of file is no execuse
Parties Present:
The appellant is represented by Mr. Dhruv Chakravarty. The public authority is
represented by Mr. Ashok Kumar.
Information sought:
2. In relation to arbitration case filed by society and sought for certified copy of complete file of arbitration case.
PIO response:
3. PIO replied that file had been send to AR(SW) and information will be furnished after obtaining the same Ground for First Appeal:
CIC/SA/A/2014/001328 Page 1
4. Unsatisfied information First Appellate Authority Order: 5. Directed to trace the file and provide the information.
Ground For Second Appeal :
6. Non compliance of FAA order.
Proceedings Before the Commission:
7. Both the parties made their submissions. It is a case of arbitration award which was won by the Management Committee of the Housing Society against a member of the society, who is the only one out of the 360 members, opposing the MC's decision to enhance the maintenance charges because of increase in the diesel prices. The appellant also submitted that the Respondent authority, having shown the existence of file during 2010 to 2012, is taking the stand that the said relevant file dealing with arbitration award, was missing. The appellant stated that he needs the documents of the file to defend the court case filed by the said defaulting member, who took the stand that the arbitration was not conducted as per law. The appellant also alleged that the respondent authority is hiding the file to strengthen the court case of the said defaulting member. On the other hand, the respondent authority did not offer any convincing reasons for missing the file. In view of this, the Commission directs the Public Authority/Registrar of Cooperative Societies to take serious note of this lapse and initiate necessary action and inform the appellant the status of the same within one month from the date of receipt of this order. The Commission also would like to state that the loss of record is not an excuse for denial of information to the appellant under the RTI Act. The Commission, therefore, directs the PIO to show cause why maximum penalty cannot be imposed against him for the loss of records. His explanation should reach the Commission within 21 days from the date of receipt of this order.
The Commission orders accordingly.
CIC/SA/A/2014/001328 Page 2
(M.Sridhar Acharyulu)
Information Commissioner
Authenticated true copy
(Babu Lal)
Deputy Registrar
1. The PIO under the RTI Act, Govt. of Delhi, Registrar of Cooperative Societies, Parliament Street New Delhi-110001
2. Shri Pradeep K Moitra Flat No.655, Delhi EPDP CGHS Ltd Plot No.19 Sector4, Dwrka, New Delhi110078 COPY TO:
3. The Registrar of Cooperative Societies Government of NCT of Delhi Old Court Building Parliament Street, New Delhi110001 CIC/SA/A/2014/001328 Page 3 CIC/SA/A/2014/001328 Page 4