If the authorities don't oblige to furnish the requested documents you can file an appeal against their decision.
If that also is not fetching the desired relief you may proceed with second appeal too.
BBMP, BESCOM & BWSSB Officials are refusing to share requested documents when asked via RTI
Hi, I live in Bangalore, I have filed RTI application seeking below set of documents from BWSSB. After BWSSB connection was given to the building, we started seeing penalty fee in our bill, when we enquired we go to know that, RWH has not done as per BWSSB norms. Hence we wanted to check collect all the documents related to our building via RTI. However, BWSSB officials are refusing to share these documents stating that they belong to third person and hence can't be shared under RTI application. Also, they are claiming that they can provide one document for my application. Kindly let me know your thoughts. These are my questions in my RTI application. Dear Sir, I am looking for information about the BWSSB connection given to our apartment XXX from BWSSB. RR Number S1100XXX/S-XX Following are the details I am interested in. 1. A copy of the first BWSSB bill that was generated against this RR Number for the first time. 2. List of documents submitted by the applicant while applying for the connection along with the application form. 3. Rain Water Harvesting Inspection report given by BWSSB before giving the connection. 4. Payment Receipts submitted by the applicant while submitting a request for new connection. 5. Name of the Applicant and application submission date. 6. Date when the connection was given this RR number
Asked 3 months ago in Constitutional Law
15 Answers
the questions I have asked in my RTI application, come under same subject matter, these officials claim that they will provide answer to only one question mentioned in the application. They are forcing me to raise 5 different RTI applications for my 5 questions. As my questions are related to one single subject matter does it sound logical? Also, should I have any relationship with the person while seeking information through RTI? for example, can I ask for such documents (like BWSSB) on an another project of any builder? or I can ask documents related to my project only?
Asked 3 months ago
Section 11 of the Act provides the procedure of disclosure of 'third party' information. According to it, if a Public Information Officer (PIO) intends to disclose an information supplied by a third party which the third party has treated as confidential, the PIO, before taking a decision to disclose the
information shall invite the third party to make submission in the matter. The third party has a right to make an appeal to the Departmental Appellate Authority against the decision of the PI0 and if not satisfied with the decision
of the Departmental Appellate Authority, a second appeal to the concerned InformationCommission. ThePI0cannotdisclosesuchinformationunlessthe procedure prescribed in section 11 is complied with
2)
As defined in clause (n) of Section 2 of the Act, 'third party' includes a public authority. Reading of the definition of the terin, 'third party' and Section I1 together makes it clear that if a public authority 'X' receives some
information from another public authority 'Y' which that public authority has treated as confidential, then 'X' cannot disclose the infonnation without consulting 'Y', the third party in respect of the information and without following the procedure prescribed in Section 11 of the Act. It is a statutory requirement, non-compliance of which may make the P I 0 liable to action.
3) hence BESSB is not disclosing third party information
You can ask information relating to your project only
no harm in raising 5 RTI applications
According to the Act, if a Public Information Officer (PIO) intends to disclose an information supplied by a third party which the third party has treated as confidential, the PIO, before taking a decision to disclose the information shall invite the third party to make submission in the matter, however the Right to Information (RTI) Act can be used to gather information about builders from public authorities to fight against builders.
The RTI can be used to pressure government officials to take action against builders.
The RTI can be used to obtain details about a site and construction, including the name of the builder or developer, the name of the housing scheme, and more.
multiple questions can be asked in a single Right to Information (RTI) application. However, the Central Information Commission (CIC) has stated that the application should focus on one subject. This means that the questions and answers should be related, and the application should have a single genus. Sub-questions can be different species of the same genus.
If you want to request information on more than one subject, you should submit separate applications.
Hi Kalaiselvan sir, I have posted my RTI application content. Can you pls suggest if I need to raise 5 RTI applications or this RTI application is enough to get the documents I have asked for. According to me, all my questions are subjected to a single subject matter. Hence I Don't see a need for raising 5 applications. Kindly suggest
Asked 3 months ago
It does appear that all questions raised are in respect of single subject matter
Since they have rejected your application for the said reasons therein, you may prefer an appeal citing the relevant rules under RTI act and seek to redress your grievances.
If the first appeal's reply also is on the same line, you may either file a second appeal or send separate applications as instructed by the authorities.
In my opinion all the information sought may fall under a single subject
- As per Delhi High Court, Information which involves the rights of privacy of a third party in terms of Section 8(1)(j) RTI Act cannot be ordered to be disclosed without notice to such third party.
- Further, Section 8(1) (j) of the RTI Act, 2005 states that , information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual, unless the CPIO or SPIO or the Appellate Authority is satisfied that the larger public interest justifies the disclosure of such information should be exempted from disclosure.
- Hence, you can file an application before the RTI Appellate Authority or can send a legal notice for getting the same.
Respected senior advocates, thank you so much for your views on this topic. We have been cheated by our builder. This project should have been completed by 31-March-2021 as per K-RERA. But, the builder has not finished all the amenities till today. We feel that the OC given to this project is not authentic. Hence we want to collect all the documents submitted by the builder to various Departments for approvals via RTI. But, in my applications, I have ensured that the questions are related to the same topic and to the same department. For example, below is my another RTI request to get the following documents from the Town Planning Department. I believe that these are available in one place/department, no need to file multiple RTI applications requesting individual documents List of documents I am requesting for: 1. Schedule – VIII, As built drawings & Photographs and CFO from KSPCB (Wherever applicable) 2. Inspection of the Site by Engineer 3. Verification of As built with Sanctioned Drawing 4. Approval / Rejection by the competent authority 5. Issue of Demand Note to the party for payment of Compounding Fee 6. Receipt of Compounding Fee 7. Issue of Occupancy Certificate 8. Consent from BWSSB 9. NoC from RERA 10. NoC from Fire Force Department 11 Latest B B M P Khata certificate 12 Latest B B M P Khata Extract 13. Latest Tax paid receipt 14. CFO from KSPCB and Fire Clearance (Wherever applicable) 15. As Built Drawings 16. Photographs 17. Form 1 - Submitted by the Promoter 18, Form 2 - Site Inspection Report 19. Form 3 - Completion Certificate 20: CEIG Report 21. list of deviation that were observed while issuing the Occupation Certificate to this project by the Authority. I have attached a copy of OC for your reference.
Asked 3 months ago
If your application is rejected file appeal against the order before SIC
- As per the RERA Act, if the builder is delaying in construction & delay in possession, then the builder will have to pay 10% interest on the value of the property for delayed possession of flats.
- Hence, if builder fails to delivers the possession of the flat to you on time, then you can cancel the agreement due to his fault and you are liable to get full refund of paid amount with 10 percent interest.
- Further, if you get the possession of the said flat lately, then also you can claim 10% compensation from the builder.
- You can file a complaint before the Consumer Court on the ground of deficiency of services , and the Court will itself as for the above said documents.
Interestingly, this builder has registered the (25%) apartments in Feb 2021 and handed over to a few owners just before RERA Completion date, fooling them that OC is given to the building (didn't show it to the owners). When they filed RERA case against this builder seeking delay period interest, Builder is claiming that, these owners are not entitled for seeking delay period interest as possession is given before RERA Completion date. These owners have produced sufficient evidences to prove that this builder has not provided all the facilities mentioned in the Sale Agreement while handing over the flats to them. Still, swimming pool is not in place (which is mentioned in the Sale Agreement) In fact, at the time of registration there were no basic facilities like (Lift, BESCOM, BWSSB, Car Parking etc etc) & the OC was obtained in Dec 2021!! Does builder's argument hold good in this situation? I have read RERA Act 2016, it says that possession should be in accordance with Sale Agreement. Otherwise, the customer can seek penalty in RERA Authority. Is it true?
Asked 3 months ago
- Yes, it is true that the builder is bound with the sale agreement ,otherwise liable to pay the penalty.
Builder cannot deliver possession of flat before issue of OC
2) The Bombay High Court has reiterated the legal position that a flat buyer who has taken possession may raise a claim in the form of interest for delay in handing over the flat. The court ruled that there is no bar under section 18 of RERA for the flat buyer to make such a claim
3) Bombay high court held If he was to file complaint before possession and keep litigating with the promoter, the same would have put the buyer to further losses as the interest liability of the promoter would have been frozen on the date of procurement of Occupancy Certificate, and the money paid by the buyer to promoter would have remained blocked. It was in the interest of the buyer to first take possession of the flat.”
In my opinion, the delay caused in obtaining the copies of the documents will be inordinate, hence you gather the substantial documents to prove that the builder has not complied with the statutory requirements but has somehow managed to obtain OC without properly completing the construction work with the connivance of the authorities concerned, you can drag the authorities also a party to the case and seek relief, let them provide the documents they rely upon for issuing clearance, which can be proved to be wrong in the trial proceedings.
However if you are not getting the desired information you are always at your liberty to file an appeal against the rejection.
Yes, home buyers can claim interest for delayed possession even after taking possession of a property from a builder. The RERA Act of 2016 entitles home buyers to interest or a refund if a builder delays possession, hence builder's claim is not maintainable in law.
Here are some other legal remedies available to home buyers in case of a delay in possession:
Home buyers can file a complaint with consumer forums, such as the National Consumer Disputes Redressal Commission (NCDRC) or State Consumer Disputes Redressal Commissions.
Home buyers can claim compensation for losses suffered due to the delay.
If the builder unilaterally changes the possession date, home buyers can withdraw from the project and claim a refund of the entire amount within 45 days.
Home buyers can seek damages for mental agony even if there is no clause in the agreement.
The Supreme Court by an order upheld an order of the National Consumer Disputes Redressal Commission (NCDRC) directing a developer to refund the entire amount paid by the home buyers for delayed possession of their flat.
1. if the authority does not give you any answer or a satisfactory answer you can file an appeal within 30 days at the appellate information officer.
2. no the builder's argument does not hold as mere possession is not the essence of the sale agreement. all the amenities mentioned should be provided as per the concerned/promised timeline.
Let me know if any clarification is required.
Dear Client,
The assertion that the owners cannot claim delay period interest since possession was handed over before the RERA Completion date is baseless. The builder got only 25% flats registered in February 2021 and delivered the possessions without basic amenities like lift, electricity, and water supply, respectively. Possession was taken in December 2020 and the Occupancy Certificate (OC) was received only in December 2021 suggesting that the project was not fully ready at the time of delivery. According to section 12 of the RERA Act 2016, the promoter is expected to provide necessities until the maintenance of the premises is taken over by the association of the allottees. The owners should approach the RERA Authority and lodge a complaint with supporting facts of the partially constructed property and delay in getting the OC. In the case of Imperia Structures Ltd. v. Anil Patni the Supreme Court has ruled in favour of the delay period interest as well as the compensation.
Hope you find this answer beneficial for resolving the dispute.
