Document need from society under RTI

[rajthak 3]

I applied to chsl for few documents. Society doesn't reply. I file complaint with dy. Reg. He also doesn't take serious step towards my letter besides follow up. I logged RTI application to dy. Reg. Dy. Reg pio doesn't reply to my rti application. I made first appeal. But no reply not hearing taken after 42 days lapse. I filed second appeal before Sic. But while hearing pio gave me incomplete information before SIC showing sic that information given is as per application. I have to except it. And also I have demanded for CD in which I found after looking at home incomplete and also pio taken my signature before SIC on society letter head that full information provided and I have to bear RS.1500 as CD cost. Now my query is does I have to pay for incomplete information given by pio as per society letter or I have to pay as per RTI rules Rs. 50. Please guide. Thanks in advance.

 

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[Prasad GLN 1,292]

When an opportunity of personal hearing was given it is you that has not utilized such opportunity and you have failed to establish that PIO has not provided correct and complete information as per application.

Now after SIC decision, you can only go for a writ in High court and you can not do anything.

Regarding CD fees, it is not clear as to whether PIO has scanned the information provided you CD or copied information electronically.  It is also not clear as to how you have responded on receiving such demand for additional copying fees.

Now that nothing can be done, either prefer fresh application from some other friend or society member and commence the entire process once again through him.

[rajthak 3]

But Sir I have told SIC that no reply nor taken hearing. And also in my 2 appeal I have put all points. Now it was duty of SIC either to fine pio or direct to provide information free of cost but SIC ordered that it is upon society what charges they have to take. Now I fill that I have filled application under RTI act and the fees should be taken as per RTI act not MCS act. What does you experts think.

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[Prasad GLN 1,292]

Once SIC decision is delivered, there can not be any review and the only option is filing writ against such order, and I do no think that it is a worthwhile proposition economically or considering time and energy involved in such litigation.

If the society is having a structure of such fees before enactment of RTI and if it is not a public authority, society has every right to fix such charges and RTI is not going to affect those charges prevailing even before enactment of RTI Act.

It is my opinion that SIC is right in ordering to charge fees as per MCS, not under RTI, as MCS  have such disclosures and fee structure before enactment of RTI.

Now I do not understand as to where the problem is..when SIC ordered for providing of documents as per MCS charges.

To me it appears that the query is on obtaining information free of cost under RTI as the delay is more than 30 days and it is the issue and not providing information to the applicant.

 

Edited October 10, 2018 by Prasad GLN

[rajthak 3]

Yes Sir you are correct that I must get information free of cost because the application made to society is in the year 2017 at that time they haven't provided me information after I complaint to dy. Reg. Also not provided when I filed RTI application then also and first appeal then also. After 1 and 3/4 year after committee is giving information and that also after fileing RTI. Actually talking frankly I doesn't want to give fee towards documents because the specific time has been lapse as time is money. Now can I take society to consumer court as they have charged more then bye laws say.

Sent from my Redmi Note 5 using RTI INDIA mobile app

[Prasad GLN 1,292]

True.  That is right proccedure and you have to first issue notice pointing out deficiency without stating seeking documents under RTI.  If you state RTI, believe me-  DF do not even number or admit it.   It is ruled by NCDRC that if a document is not delivered after collecting fees (remuneration) it is definitely a deficiency of service.

I hope that this RTI query is closed once for all  in this forum.