ORDER

FACTS

The Appellant vide her RTI application sought information on 03 points, as under:-

i) Certified copy of all the correspondence (letter / replies / query/ questioner etc all) exchanged till date between Chandigarh Police (i.e. Economic Offence Wing / SHO / SSP office / IGP Office etc.) and Registrar Cooperative Societies in connection with the Ajanta Coop. House Building (1st) Society Limited.

ii) Certified copy of all the correspondence (Supplied / Verified) by Registrar Cooperative Societies to Chandigarh Police (i.e. Economic Offence Wing / SHO / SSP office / IGP Office etc.) in connection with the above referred Ajanta Society.

iii) Certified copy of all the correspondence (i.e. Notings / orders / resolution / proceedings / notice etc) wherein the names of President, Secretary, Treasure, Executive Members etc constituting the Managing Committee of said Ajanta Society is mentioned along with the documents where date of formation and date of taking / handling over the charge of All the Managing Committees so far / till date starting from the period / date of registration of the Ajanta Coop. House Building (1st) Society Ltd. with the Registrar Cooperative Societies U.T. Chandigarh.

The CPIO, vide letter dated 28.08.2018, informed the Appellant on point No. 01 and 02 that the information has been supplied to the Economic Office Wing and on point No. 03, requested the Appellant to specify the date of information. Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA, vide order dated 05.11.2018 directed the CPIO to made available all the files / record of the society to the Appellant for inspection on 12.11.2018 at 10:00AM and to supply the information to the Appellant specified by her. Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide correct and complete information.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Ms. Navjot Lehal, through VC;

Respondent: Shri Krishan Kumar, Assistant Registrar-cum-CPIO through VC;

The Appellant reiterated the contents of the RTI application and submitted that the information sought has not been received by her till date. In its reply, the Respondent submitted that in compliance with the directions of the FAA, inspection of records was offered to the Appellant and the information which was pinpointed by the Applicant after inspection is large and voluminous. Therefore, she was requested to deposit Rs. 2858/- for 1429 pages as photocopying charges which is not deposited by the Appellant, as yet. The Appellant contested the above averments of the Respondent and submitted that the CPIO has not requested for the requisite fee in the initial reply and therefore, the documents should be furnished free of cost to her. In its reply, the Respondent submitted that a suitable reply as per the provisions of the RTI Act, 2005 has been furnished to the Appellant within the stipulated time frame. Furthermore, the Respondent submitted that in compliance of FAA’s order, an inspection of records was offered as large and voluminous information is sought by the Appellant. Therefore, it was requested to the Commission by the Respondent that matter of the Appellant be dismissed in the interest of justice as the information sought cannot be provided free of cost.

The Commission was in receipt of a written submission from the Respondent dated 22.02.2021 which is taken on record.

Attention of the Appellant is drawn towards the Clause (6) of Section 7 of the RTI Act, 2005, which is as under:-

“Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section(1).”

On perusal of records, the Commission observed that a suitable reply has been provided to the Appellant by the CPIO within the stipulated time frame as per the provisions of t