Central Information Commission
Tapan Kumar Bose vs Registrar Of Companies, Delhi And ... on 6 February, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/ROCDH/C/2024/617216
Shri Tapan Kumar Bose निकायतकताग /Complainant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Registrar of Companies, Delhi and Haryana
Date of Hearing : 04.02.2025
Date of Decision : 04.02.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 16.02.2024
PIO replied on : 12.03.2024
First Appeal filed on : 30.03.2024
First Appellate Order on : 18.04.2024
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Complainant filed an RTI application dated 16.02.2024 seeking information on following points:-
"Being a senior citizen and a retired person, I would like to bring the matter to the notice of corporate affairs. I Sri Tapan Kumar Bose, given one Add in OLX Platform for sale of my Flat, and MY AD ID :1755065726.dated 16/12/2023, One OLX Verified User sent me one message through chat HI, I AM OLX USER I CAN BE REACHED AT 916283304218. I AM INTERESTED AT YOUR AD POSTING After that I viewed the contact number and conversation was done between the USER and me. The user himself introduced him as a major of the Indian Army and named ADITYA KUMAR The conversation was done with my phone number 9434175212 & 8637344071 Next day the cheater contacted me and told me that he will give advance on 17/12/2023. The cheater told me that for taking Advance for sale of my Flat, I have to credit a lump sum amount in their Merchant Bank Account, and to earn my faith the cheater first debited RS:1/- from my Bank account and credited RS:1/- two times, for which I have done as per their instructions and lost my money. The fraudster cum OLX User, who contacted me used 4 phone numbers 916283304218, 917014713096, Page 1 917002495020, & 918059234363 On that day that is on 17/12/2023 The cheater as well as OLX USER told me that the transactions will be verified from the Accounts officer, of Army Office, whose name is RAJENDRA SINGH SHEKHAWAT, and phone number: 917002495020, you may see the chat copy from this number also, which took place on the date of incident, on 17/12/2023. Thus I have given money to their choice able accounts and they also told me after crediting the amount both my given money and my Advance money will be returned instantly.in my Bank Account.. But after crediting RS:105000/- I demanded a refund of RS: 100000/- with an Advance of RS:100000/- instantly. Then he told me that the server is down and money will be credited shortly. You may see such a type of chart also. Then I realized there was something wrong, but before that I had already paid RS:105000/-to their choice able Accounts. The total amount was debited through 4 transactions RS 20000/, RS35000/ RS 30000 & RS 20000/- It is observed that in case of first, RS 20000/ the amount credited to Account no: 7848744844 of Kotak Mahindra Bank, IFSC Code: KKBK0004605, Branch Name: CONNAUGHT PLACE, DELHI Branch and 2nd RS: 35000/- also credited in same Account number: 7848744844 of Kotak Mahindra Bank, CHANDNI CHOWK, Delhi Branch, but IFSC CODE is KKBK0004606, though Account Number is same but IFSC Code is not same. The 3rd Rs:30000/- & last RS: 20,000/-credited to Account NO: 2862000103207195 and IFSC CODE: PUNB0634900, the Branch name, PUNJAB NATIONAL BANK, CLPC ASHOK VIHAR BRANCH, NEW DELHI.I have deceived through OLX, and due to lapses of OLX regarding identification of verified users, such fraudsters are taking this opportunity and OLX declared THE BUYER SUSPICIOUS on 19/12/2023 after 2 days of the incident. I want proper action against OLX."
The CPIO, Registrar of Companies, Delhi and Haryana vide letter dated 12.03.2024 replied as under:-
"Reply: No such information maintained by this office. CPIO can provide only that information which is part of record. Where such information is not a part of record of the public authority and where such information is not required to be maintained by the authority, the act does not cast an obligation upon the public authority for furnishing it to the applicant (Circular No. 1/18/2011-IR dated 16.09.2011 of Ministry of Personnel, Public Grievances and Pensions). Therefore, CPIO is unable to provide the same. Further matter seems to be complaint. If you have any grievance against any active registered company regarding any matter under Companies Act, 2013 you may approach/file online complaint before MCA portal as guided below:
If you wish to lodge a complaint against any registered company on MCA regarding any matter which comes under preview of Companies Page 2 Act. You are hereby informed that there is centralized procedure to file/lodge a complaint is to file an investor complaint form available on MCA website www.mca.gov.in with the complaint details and upload the e-form. You are provided a system generated Service request Number (SRN) for future, by using the SRN you can track the status of the complaint. The concerned complaint can also send offline to this office by post or on email of ROC Delhi at [email protected]. Further the procedure to file/lodge/process a complaint is available on the MCA website www.mca.gov.in under help & FAQs. It can also view directly at link http://www.mca.gov.in/MinistryV2/faq_other1.html."
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 30.03.2024. The FAA vide order dated 18.04.2024 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Written submission dated 30.01.2025 has been received from the CPIO and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Complainant: Present through video-conferencing.
Respondent: Ms. Shivani, Senior Technical Assistant- participated in the hearing.
The Complainant stated that the relevant information has not been furnished to him till date. He stated that he has sought information related to the action taken against OLX.
The Respondent stated that information as available in their records has been duly provided to the Complainant. She further averred that procedure to file a complaint has been duly provided by the PIO in reply dated 12.03.2024. She stated that the Complainant has not sought any information in his RTI Application as defined under Section 2(f) of the RTI Act.
Decision:
Commission has gone through the case records and on the basis of proceedings during hearing observes that appropriate reply has been provided to the Complainant by the CPIO as per the provisions of the RTI Act. Therefore, no malafide intention can be ascribed over the conduct of the CPIO and thus, no penal action is warranted in the matter.
Page 3 Further the complainant has preferred complaint u/s 18 of the RTI Act and if the complainant is aggrieved with the reply provided by the respondent then the Complainant could have approached the Commission by filing an appeal. The Commission therefore is unable to adjudicate the adequacy of information to be disclosed under section 18 of the RTI Act. In view of the foregoing, this Commission now refers to Section 18 of the RTI Act while examining the complaints and in this regard the Commission refers to the judgment of the Hon'ble Supreme Court of India in Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12-12-2011. The relevant extract of the said decision is set down below:-
"...28. The question which falls for decision in this case is the jurisdiction, if any, of the Information Commissioner under Section 18 in directing disclosure of information. In the impugned judgment of the Division Bench, the High Court held that the Chief Information Commissioner acted beyond his jurisdiction by passing the impugned decision dated 30th May, 2007 and 14th August, 2007. The Division Bench also held that under Section 18 of the Act the State Information Commissioner is not empowered to pass a direction to the State Information Officer for furnishing the information sought for by the complainant."
xxx "30. It has been contended before us by the Respondent that under Section 18 of the Act the Central Information Commission or the State Information Commission has no power to provide access to the information which has been requested for by any person but which has been denied to him. The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
xxx "37. We are of the view that Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a Substitute for the other...."
Page 4 Thus, the limited point to be adjudicated in complaint u/s 18 of RTI Act is whether the information was denied intentionally.
In the light of the above observations, the Commission is of the view that there is no malafide denial of information on the part of the concerned CPIO and hence no action is warranted under section 18 and 20 of the Act.
No further action lies.
Complaint is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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