Information regarding payment by bidders where auctions of immovable properties was successful was sought - PIO: information is not available in material form, requires compilation - CIC: explore the possibility of compilation & provide the outcome
Information regarding payment by bidders where auctions of immovable properties was successful was sought - PIO: information not available in material form, requires compilation; there is neither any statutory nor administrative requirement for maintaining the information– CIC: explore the possibility for compiling the information and provide the outcome to the appellant
1. The appellant, Shri I. Bharat Kumar, submitted RTI application dated 29.04.2014 before the Central Public Information Officer (CPIO), Mumbai Debts Recovery Tribunal-2, Mumbai seeking information whether there was any delay in making payment by bidders where auctions of immovable properties had been successfully completed; the number of instances in which the time for payment was extended; the number of instances in which full sale payment was received but possession was not handed over/sale certificate not issued; in how many instances judgement and decree passed by the Presiding Officer had been set aside on petition filed by defaulters even after auction sale and full payment of sale value.
2. The CPIO vide letter dated 12.06.2014 informed the appellant that the information as sought for was not maintained on the records of the Tribunal. Collating information from large number of concerned records and proceedings would disproportionately divert the resources of the public authority. Dissatisfied with the reply of the CPIO the appellant filed an appeal on 25.06.2014 before the first appellate authority (FAA). The FAA vide order dated 25.07.2014 while upholding the decision of the CPIO held that the information regarding auction sale conducted and confirmed by the DRT, RP number concerned etc. as may be available on record could be provided to the appellant. The FAA directed the CPIO to furnish to the appellant such information as available in the records maintained by the Recovery Officers within fifteen days.
3.Thereafter the appellant filed the present appeal before the Commission.
4. The matter was heard by the Commission. The appellant did not attend the hearing in spite of a notice of hearing having been sent to him. The appellant in his appeal filed before the Commission stated that the CPIOs of various other DRTs viz. Chennai, Chennai-I, Kolkata, Coimbatore and Hyderabad had promptly complied with his request and provided information. But DRT, Kerala & Lakshadweep, Ernakulam, Kochi refused to provide the information. The respondents stated that the information as sought for by the appellant was not available in material form and requires lot of compilation which was not possible. There is neither any statutory nor administrative requirement for maintaining the information as sought for.
5. The Commission accepts the submissions of the respondents and upholds their decision. However, in the interest of transparency and accountability the Commission recommends the respondents to explore the possibility for compiling the information as is being done by some other DRTs and provide the outcome to the appellant under intimation to the Commission within one month of receipt of this order. The Commission observed that the respondents did not mention about complying with the directions of the FAA. The CPIO is directed to provide information to the appellant as directed by the FAA vide his order dated 25.7.2014 within one week of receipt of this order, if not already provided. The appeal is disposed of.
Citation: Shri I. Bharat Kumar v. Debts Recovery Tribunal in Appeal : No. CIC/MP/A/2014/002053