Recovery was made from appellant while he refuted the fact of having stood surety against the defaulter - CIC: Provide the copies of file of claim application filed by credit society before RCS & the proof of appellant having stood surety towards the loan
Relevant facts emerging from appeal:
Information sought and background of the case:
A recovery of Rs. 1,64,000/- + interest was effectuated from salary of the appellant (Raj Kumar) upon order of attachment issued from Court of Registrar of Cooperative Societies, Delhi. A loan was obtained by one Mr. R.K. Rohilla for which the appellant purportedly stood surety. Appellant addressed a letter dated 05.07.2016 to Shri Tanuj Bhanot, Assistant Registrar mentioning that he has neither took any loan nor stood as Guarantor for Mr. Rohilla. Vide RTI application dated 23.07.2016, the appellant sought action taken upon on his letter.
Having not received information from PIO, the appellant filed first appeal. FAA/Joint Registrar vide letter dated 25.11.2016 directed the PIO/AR to provide information to the appellant within 15 days. Feeling aggrieved over non compliance of FAO, the appellant approached the Commission.
Facts emerging in Course of Hearing:
At 11:05 am: The appellant is absent despite notice. The respondent submits that a loan was availed by one Shri R.K. Rohilla for which, the appellant herein stood surety. Due to alleged default in repayment of loan, outstanding amount of Rs. 1,64,000/- plus up to date interest accrued certain deductions were made from the salary of appellant, being surety for defaulter. The deductions were made pursuant to the Attachment order passed by RCS. He submits that since the record pertained to M/s Jawala Cooperative Thrift & Credit Society Ltd Jhandewalan, Delhi; the representation & RTI application of the appellant was transferred to the society. He states that the loan account has since been settled after waiving the outstanding demand of Rs. 51867-/. Upon enquiry, the representative from RCS submits that order of salary attachment of appellant was passed by Asst. Collector, RCS.
From a perusal of correspondence exchanged between the appellant and RCS it transpires that the appellant has refuted the fact of having stood surety for R.K. Rohilla. A letter regarding the same was sent to RCS and the appellant sought action taken report thereon. Ends of justice require that the appellant be furnished with copies of complete file of claim application filed by credit society before RCS. The proof of appellant having stood surety towards the loan agreement as submitted by Credit society before RCS shall be made available to the appellant. The present decision shall be complied within 3 weeks of receipt under intimation of compliance addressed to the Commission by 14.09.2018.
The appeal is disposed of.
Citation: Mr. Raj Kumar Respondent v. Assistant Registrar-(S-III, T&C) O/o the Joint Registrar Registrar Cooperative Societies, GNCTD in No.CIC/RECOS/A/2017/109027, Date of Decision: 01.08.2018