O R D E R

FACTS The Appellant vide RTI application sought information, as under:- The CPIO vide letter dated03.08.2021furnished a reply to the Appellant. Dissatisfied with the reply of the CPIO, the Appellant approached the FAA.The order of the FAA, if any, is not on the record of the Commission. Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: The appellant attended the hearing in person.

Respondent: The respondent Shri Ashok Daryani, PIO/SDM (HQ) attended the hearing in person.

The Appellant reiterated the contents of the RTI application and submitted that no response was furnished to him by the CPIO. The appellant further stated that the association takes grants and subsidies from various govt offices under GNCTD viz Delhi Park and Garden Society under Deptt of Environment and also under Bhagidari Scheme and under various schemes run by Govt of NCT of Delhi where public money is being paid to said RWA, and therefore it involves a larger public interest as public money is been paid to this RWA and that public money belongs to all the citizen of entire Delhi State and which is being nice given to this RWA by way of allocated funds given by various Departments in Govt of NCT of Delhi. He also informed that the Govt Departments allocate funds to Registered RWA and that Registration of any RWA comes with certain obligations and certain responsibilities attached along with this registration and first and foremost is the 1. Annual general election to elect the representative, 2. Publishing of annual financial records giving detailed bifurcation of the funds received from each source of Funds and then the money spent from the funds and circulating the abridged as well as detailed audited balance sheet and Income & Expenditure Account on an annual basis. 3. To follow the procedures and various laws viz labor law, Minimum wages Act, PF, ESI, etc for the Malis (labor) kept by RWA, as annually GNCTD pays approx Rs 15 lacs for parks maintenance through Delhi Park and Garden Society, Department of Environment, GNCTD. Similarly, other Govt Deptt/Organizations also give aide / subsidy to the RWA.

The Respondent present during the hearing submitted that a suitable response in accordance with the provisions of the RTI Act, 2005, had already been furnished to the appellant. Further, the respondent informed that the Department can provide only available information on their records but regarding allocation of funds to RWAs from various Departments the concerned data is not available with this office. The respondent further stated that the registration of a society is done as per the provisions of the Societies Registration Act, 1860 as applicable in Delhi. Further, attention is invited to Section 13 of the Societies Registration Act, 1860 which implies that in the event of any dispute arising among the said governing body or members of the society, the adjustment of its affairs shall be referred to the Principal Court of original Civil jurisdiction of the district in which the chief building of the society is situated, and the Court shall make such order in the matter as it shall deem requisite". Moreover, he said further, attention is also invited to a Judgment pronounced by Hon'ble High Court, Delhi in W.P. (C) 2029/2016 and CM Nos. 8748/2016, 21328/2016, and Crl. M.A. Nos 5911/2017 & 6253/2017 (Maheshwari Mandal Vs The State of Delhi & Ors) vide which the Hon'ble Court stated that "the Act as applicable to Delhi does not include any provision which entitles the Registrar to cancel a registration once the same has been granted and that there is no provision which empowers the Registrar to examine and adjudicate any dispute with regard to any alleged irregularity in the procedure adopted by the society to amend its Rules and Regulations DECISION:

Keeping in view the facts of the case and the submissions made by both parties and after perusal of th