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Decision No. CIC/SG/A/2009/002200/5260
Appeal No. CIC/SG/A/2009/002200
Relevant Facts
emerging from the Appeal:
Appellant Mr. V S Gupta
Flat No. 626, Modern Coop. G/H Society Ltd. Plot
No. 5, Sector – 15,
Rohini, Delhi – 110085.
Respondent : Mr. M. L. Gupta
Public Information Officer &
Asstt. Registrar (NW)
O/o the Registrar Co-op Societies
Govt. of NCT of Delhi,
Parliament Street, New Delhi - 110001.
RTI application filed on : 28/04/2009
PIO replied : 14/05/2009
First appeal filed on : Not Enclosed
First Appellate Authority order : 22/07/2009
Second Appeal received on : 29/08/2009
Information Sought:
i) The details of common good fund/entry fee in any form received by the society along
with list of concerned members/residents from whom the same had been charged
including the details a) Name of the person whom the amount was received b)
Amount charged as common good c) Receipt no. and date d) Name and authorized
signatory and certified copy of resolution wherein authorization to sign on the receipt.
ii) Total amount received and spent by the society on account of other activities related
to the all construction works.
iii) Number of application received for transfer of membership as per provision and
amendment of Section 91 of DCS Act 2005, number of application rejected with
reasons, the copy of circular issued by the society with regard to transfer of
membership.
Reply of the PIO:
The PIO replied that the information sought pertained to the Society hence the Application was
transferred to the related society.
First Appeal:
Not Enclosed.
Order of the FAA:
The FAA in its order observed that the information sought by the Appellant pertained to the
society and was not available with the Public Authority nor it required to be maintained under
any Act or law. The FAA made a reference to one of the CIC’s decision no.
CIC/SG/A/2008/00139 dated 30/01/2009 in which it was said that such information could not be
supplied. The FAA further stated that as the application of the Appellant had been forwarded by
the SPIO/AR(NW) to the Society on 14/05/2009, hence it gave further opportunity to respond to
the Appellant U/s 1309 of the DCS Act, 2003.
Ground of the Second Appeal:
Non-compliance of order of the FAA by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Prem Gupta on behalf of Mr. V S Gupta;
Respondent : Absent;
Some of the information sought by the Appellant is not held by the Public Authority. This has
also been clearly mentioned in the order of the FAA. Since the information is not held by the
RCS it cannot be given. Since the Cooperative society is not a public authority RCS cannot
transfer the RTI application to them.
The Appellant claims that information about query (iii) is held by the RCS. If this information is
held by the RCS the PIO is directed to provide it to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide as described above to the Appellant before 15 November 2009. If
any of the information is not available this should be stated.
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
28 October 2009
(In any correspondence on this decision, mention the complete decision number.)(GJ)