Do residents have right to demand information from their ‘Residents Welfare Society’, under the RTI Act?

Do residents have right to demand information from their ‘Residents Welfare Society’, under the Right to Information Act? This is the very crucial and important question from the point of view of all residents, because residents often feel victimised by the maladministration and financial irregularities in the functioning of their ‘Residents Welfare Societies’. In the absence of the ‘Right to Demand Information’; the residents feel very helpless while facing day to day problems relating to the electricity, security, maintenance, housekeeping, parking etc. Such right to demand information becomes more important when the residents can’t approach the Governmental Authorities for redressal of their grievances, because in private residential societies all amenities are provided by the ‘Residents Welfare Societies’ after charging heavy maintenance charges from residents and the Govt. Authorities have minimum interference in such matters.

            The above important question will be dealt by the State Information Commission Haryana, (hereinafter read as SIC); on Tuesday (on 22-01-2019) in a the case titled: ‘Pardeep Kumar Rapria, Advocate  Vs. DLF Valley Residents Welfare Society, Panchkula’ The Petitioner has filed a complaint before the SIC; while submitting that being the resident of a residential colony DLF Valley Panchkula, he is the member of housing society namely Valley Residents Welfare Society (hereinafter read as DLF VRWS);, which has been registered under the ‘Societies Act, 2012’. And, being a members/resident of the DLF VRWS, has right to demand information under the RTI Act, because in terms of the ‘Societies Act, 2012’ the residential society is duty bound to share information with residents; as per the procedure prescribed under the RTI Act. However, residents are unable to submit a request for information to the ‘Public Information Officer’ as no such officer has been appointed by the DLF VRWS under the RTI Act. Therefore, Mr. Rapria has requested the SIC to give direction to the DLF VRWS to implement the provisions of the RTI Act; by appointing the Public Information Officer, so that all residents, can aks information relating to their day to day problems. Earlier, Mr. Pardeep Rapria had raised the same question of law before the High Court in case titled: ‘Pardeep Kumar Rapria Vs. State Information Commission and others’, but in view of the fact that DLF VRWS had provided complete information to the Petitioner before the High Court, the  question of law involved in the matter was left open by the Court. Now, the question of law is again being raised, so that all residents can get the right to ask information from the DLF VRWS, because every resident is not expected and can not afford to approach High Court; asking for the very basic information relating to his day to day problems.

            The decision of the SIC will have far reaching impact not only on the rights of the residents of DLF VRWS, but also on the rights of the countless residents of numerous ‘Residents Welfare Societies’ throughout the States of Haryana and Punjab. After all, ‘RIGHT TO INFORMATION’ is the Fundamental Human Right of every human being.