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Pundalika Achyutha Bhat   11 September 2023

Legal remedy for not responding to my rti application no response from my housing society till this

On 24/05/2022 - I had forwarded my RTI application against my housing society requesting some documents/papers.

During the month of August 2022 or September 2022 received a (back dated 25/07/2022) reply from my housing society. My housing society had only replied but not provided me with the requested documents/papers.

Prior to the above RTI reply from the housing society - I was following up with the housing society since 01/10/2021; February 2022 but no response from the housing society.

Again during July 2023 a fresh RTI application was forwarded to the housing society for the same old reasons. But still this time around No Response from my housing society.

The Assistant Registrar of Co-operative Societies, Concerned Taluka Office - No Action against the defaulted housing society for not providing me with the requested documents/papers till this date as per my RTI application of May 2022. 

Again during the month of February 2022 submitted my Written Complaint by hand delivery duly acknowledged. But no Action against the housing society. After submitting a fresh RTI application during July 2023 - a First Appeal was forwarded to The Registrar of Co-operative Societies, Concerned Taluka Office - Again No Action against my housing society for defaulting in providing me with the requested documents/papers.

MY QUERY FOR REMEDY AGAINST BOTH THE HOUSING SOCIETY AND THE ASSIGNMENT REGISTRAR OF CO-OPERATIVE SOCIETIES:

Can anyone please guide me as to the Remedies Available (against both the housing society and The Assistant Registrar of Co-operative Societies, Concerned Taluka Office) To Me from amongst the following : 

(1) Police Complaint against both

(2) Case Filing against both 

 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     12 September 2023

If you did not get reply for your application sent invoking the provisions of RTI act, then there is no necessity for you approach the same authority again and again with a similar applicaiton.

Your remedy  in this regard lies with the appellate authority.

It appears that you have not filed an appeal against the IO before the PIO or CIO, hence you better approach the said authorities with an appeal and then revert for legal action through court 

Real Soul.... (LEGAL)     12 September 2023

You should file a writ petition as i don' thnk the society falls within RTI  Act

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 September 2023

RTI Act is intended for information from public authorities. A co-operating housing society is not a public authority. If you are a member of the CHS you have a right for the information from the CHS. No RTI Act is required for the purpose. If you do not get the information which you have a right to get, you can complain to the Assisstant Registrar of the ward concerned if your CHS is in Mumbai. One can give a suggestion or opinion only if one knows what information and what documents that you wanted from the society. You are saying that several times you asked for the information. But you are not saying what information that you wanted.

Sudhir Kumar, Advocate (Advocate)     12 September 2023

First of all it sounds illogical if anyone would be needing RTI rout to follow for getting an information from cooperative housing societies.

 

Does the constitution of the society not authroise all members to seek information on the conduct of Society?

Does it not give the member a right to complaint to the Registrar if information is not provided.

 

You hve probably alsoreayd complaint of ROC and who has not provided information.

 

Before agreeing to the above views, it is esential for me to atleast know which informatio you are seeking.

 

You currect rporposal for filing criminal complaint does not at all appear to be within law,

Pundalika Achyutha Bhat   13 September 2023

@Mr. Sudhir Kumar, Advocate - Sir I am sharing the required information as below: 

Regarding First Paragraph: I am in Maharashtra State and in Maharashtra State Co-operative housing societies comes under Maharashtra State RTI Act.

Regarding Second Paragraph: My reply is YES.

Regarding Third Paragraph:: My reply is YES. I have complained to the Assistant Registrar of Co-operative Societies of the concerned Taluk in writing by Hand Delivery and received an Acknowledgement too. But No Action from the Assistant Registrar till date. Now I had filed a First Appeal with the above Authority and some 22 days have passed till then. I have to wait for another 7 to 8 days so as to complete mandatory 30 days period.

Regarding Fourth Paragraph: My reply is YES.

Regarding Fifth Paragraph: I had sought the following documents/papers: 

(a) Certified Copy of my housing societies "Adopted and Approved Byelaws". Even in my RTI application forwarded to my housing society I had informed my intention to challenge one resolution for starting bus services without obtaining Written Consent Letters from all the 400 members in the Co-operative Court.

(b) Financial Statements for the previous 2 years along with usual Annexures like Trial Balance Sheet, Copy of Audit Report, Detailed Defaulters List, etc., etc., 

All the above documents/papers should have been circulated to the members along with AGM notice but were found not circulated - hence I had to write to my housing society to provide me with the same.

As per a letter from the housing society to visit Society Office on a particular date personally and to collect the requested documents - society failed to provide me with the requested documents with some Lame Excuses like No Xerox Machine with the society, Failure of Electricity on the day of my visit to the society office in person and making me to wait outside society office for more than 2 hours which is nothing but an insult of mine a Senior Citizen aged 63 years. 

(c ) Payment Details for the last 13 months as per Bank Account Statement.

(d) Clarification sought from the housing society on Lame Excuses shared with me by the housing society on old Vehicle Sale matter by the Builder & Developer(a Pvt.td. Company) - after a period of about more than 12 months after Society Handover.

(d) Copies of the Minutes of Managing Committee Meetings held during the previous year.

Regarding Sixth and Last Paragraph: Non sharing of following:

(i) Trial Balance Sheet 

(ii) Defaulters List 

(iii) Documentary Evidence papers of Old Vehicles Sold by the Builder & Developed (a Pvt. Ltd. Company) after Society Handover amounts to interference by One Legal Entity into the day to day matter of another Legal Entity (our housing society) - made me to feel about the existence of some fishy situation and I have started looking for approaching the Local Police Authorities for unearthing the suspected fishy situation. 

That is all I have to say. 


 


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