Need Help: Company KMC rti

[arunevatia]

I have a flat in the name of a company as per records of KMC. In the from section, it was stated as below:
From
Arun Nevatia (director)
XYZ pvt Limited.

However to my utter shock they rejected on the grounds that " as per provisions of RTI Act, 2005, any individual Indian citizen is entitled to seek and get necessary information from any public body. In the instant case, application has been made from the end of Director of a company. As such, no info to the instant RTI can be provided.
The delay in reply is due to heavy workload of Waiver Scheme 2012"
Please suggest appropriate first appeal, for reply to my rti and also fine for the inadvertent delay by SPIO.

[jps50]

Sponsorer

You may file first appeal by referring followings:

Relevant portion of decision note dated 17-09-2007 of Central Information Commission in Appeal No.CIC/WB/A/2006/00895:

Our Decision with regard to applicability of sec. 3 of the RTI Act to applications for information has been spelt out in Shri J.C. Talukdar vs. CE(E), CPWD (Complaint No.CIC/WB/C/2007/00104 & 105 ) in which we had held as follows :

“Even if it were conceded that a company or a corporate body is a legal entity distinct from its share holders and it is not in itself a citizen, it is a fact that all superior Courts have been admitting applications in exercise of their extraordinary jurisdiction from Companies, Societies and Associations under Article 19 of the Constitution of which the RTI Act, 2005 is child. Very few petitions have been rejected on the ground that the applicants/ petitioners are corporate bodies or Companies or Associations and, as such, not "Citizens". This Commission also has been receiving sizeable number of such applications from such entities. If the Courts could give relief to such entities, the PIOs also should not throw them out on a mere technical ground that the applicant /appellant happens to be a legal person and not a citizen.

In conclusion we direct that an application/ appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other group of individuals constituted as a body or otherwise should be accepted and allowed.1 The CPIO, CPWD, Kolkata will dispose of the present application of Shri Talukdar accordingly, as mandated by Secs. 6 and 7 of the RTI Act, 2005 within thirty days of the receipt of this Decision Notice”

Legally CIC decisions are not applicable to KMC as precedent, but in all fairness, it shows legal interpretation of a law.

Alternatively, you may file fresh RTI in your personal name and in note at the end of RTI application mention that you are director of _____.
Do not use rubber stamp or seal of company.

[arunevatia]

Can the 1st appellate authority reject my application on new grounds or if the SPIO is directed to disclose information, can he take new grounds? The citations given will not let them stand and they will try to avoid answering on some pretext or the other !!

[ambrish.p]

Dear Member

a.Please file FA in this case and also file a fresh application as suggested by JPS sir.

b. Let them reply then you may decide further course of action.

regards

[vinayakj]

Please read this thread
Person includes Juristic Person Like university under RTI Act


Law Web: Person includes Juristic Person Like university under RTI Act