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    What should be the next course of Action


    I stay in Apartment where I’d like to see the Transaction listing of Association (suspecting theft) which is registered under Registry of Society, Bangalore urban District. The Association has denied giving me the Transaction listing. Hence I applied a RTI to seek the transaction listing in the Bank (Public Sector Bank) where they have an account, but Regional Manager & SPIO of the Bank has informed us that its of commercial confidence and the bank is exempted from disclosure of the above information under Section 8(1(d)) of RTI act 2005.
    Note: I’m a member of this Association.
    So can u please help me about the next course of action?
    PS: I’m a physically handicapped person struggling to overcome out of this problem.


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    Re: What should be the next course of Action


    the association of residents of an apartment [i hope that is what you signified by 'association'] is a private body and is not subject to rti act. the bank is also right in refusing to disclose the account details of the association as you have not provided any 'public interest angle'. the only course open to you to raise the issue in the general body meeting of the residents and ask the office bearers to spell out the transactions in the open forum. they cannot very well refuse. a surer way to achieve success would be to collect a few like-minded residents and raise a concerted voice in the forum. if you suspect theft of property or funds, you have every right to lodge a complaint with the police . better still, stand for elections of the association and become an office-bearer.then you will have unlimited opportunity to expose the misdeeds. if you cannot beat them, join them.

  3. #3

    Re: What should be the next course of Action


    The stand taken by the bank is correct. If the association does not come under the purview of the RTI Act, you cannot have any solution thro' RTI Act.

  4. #4
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    C J Karira
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    Re: What should be the next course of Action



    oorappan,

    I can suggest two methods in case you draft your RTI application correctly:

    1. Get the information through Registrar's office

    2. Since you are a member of the association, you are a "affected person" as stated in
    Section 4(1)(d) of the RTI Act.
    Give another RTI application to the Bank and ask for reasons under Section 4(1)(d),
    as to why they denied giving transaction details to you since you are affected
    person.

    By the way, you might be able to scrutinise the associations accounts also.

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