Rti or 101 mcs act which should be given priority

arunkumark (Querist) 31 August 2014 This query is : Resolved
A society has filed application under 101 mcs act for recovery of pending dues in august 2013. Now the defaulter member filed an application under rti to the registrar asking for some documents which are not related to recovery procedures.The matter is pending with asst registrar for last one year.Now The rti application is made only to delay the 101 proceding and harass the society to avoid paying dues with interest. The defaulter member is asking for some very old documents of the year 2005 since when he has stopped paying his maintenence. My querry is whether society can refuse to give those documents as 101 mcs act recovery procedure is pending against the applicant.Dear experts please advise in details.

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ajay sethi (Expert) 31 August 2014
society should not refuse to furnish documents sought for by defaulter .even if said documents are not related to recovery proceedings you should furnish said documents

Simi Salooja (Expert) 31 August 2014
In continuation to providing the docs the society should also follow a legal process for recovery. Under mcs act.

Rajendra K Goyal (Expert) 31 August 2014
Agree with the experts.

V R SHROFF (Expert) 31 August 2014
It will not affect recovery u/s 101..
You insist 101 proceeding; as RTI is separate issue between member & Registrar/

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