Wife asking society for details of flat owner and nominee
Nilesh
(Querist) 28 July 2018
This query is : Resolved
Dear Experts,
My DV/maintenance case is in court.
Also my wife has filled divorce case seperately. Yesterday our society secretory received a letter from my wife asking information about first owner,co owner/nominee etc. of flat I am living in under RTI act.Flat's first owner is my father and second name is of my mother.
My queries are,
1. Does CHSL comes under RTI act?
2. Why would have she asked the details?
3. Should I be worried about this?
Kishor Mehta
(Expert) 28 July 2018
CHS does not come under RTI. The Society is not bound to reply to an RTI query.
Sudhir Kumar, Advocate
(Expert) 29 July 2018
1. Does CHSL comes under RTI act?
Society is bound to provide such information to the registrar and registrar is within ambit of RTI.
she can otherwise go to registrar office pay prescribed fee and inspect the records.
Kishor Mehta
(Expert) 29 July 2018
A CHS is not a public organisation. A member of the Society only can approach the Registrar for his grievance against the Society. Non-members do not enjoy the right to inspect the records of the Society.
Dr J C Vashista
(Expert) 30 July 2018
I endorse the expert advise of Mr. Sudhir Kumar and Mr. Kishor Mehta, however, I could not follow the opinion and advise of expert Mr. Kamakshi.
The RCS, being a public authority is in the ambit of RTI Act, 2005.
However, Delhi Co-operative Societies Act, 2003 has incorporated section 139 for the RCS to obtain information from a Co-operative Society and supply information to the applicant since the Co-operative societies are "out" of the preview of the RTI Act, 2005, DCS Act, 2003, Delhi RTI Act, 2000 or any other legislation.
Sudhir Kumar, Advocate
(Expert) 30 July 2018
even when there was no RTI Act still the records of Registrar were open for public examination on payment of prescribed fee. In such system you have no option to object.
But why you are afraid of her knowing truth which in any case you can be called upon to state in court.
Nilesh
(Querist) 30 July 2018
Than you all for your advice.
Dear Sudhir kumar sir, I am afraid because I have no idea why she is asking the details. would it go against me?
Please let me know if you know the answers or you have experienced such strategy in your career.
Nilesh
(Querist) 30 July 2018
Than you all for your advice.
Dear Sudhir kumar sir, I am afraid because I have no idea why she is asking the details. would it go against me?
Please let me know if you know the answers or you have experienced such strategy in your career.
