Advocate Shiv Kumar Tiwari

Questions Answered by Advocate Shiv Kumar Tiwari

Q: Can a applicant get a reply in yes or no as per RTI rules

One RTI applicant wants information in Yes or No from our govt office under RTI Act-2005.Is such type of Question repliable as per RTI rule.

Advocate Shiv Kumar Tiwari answered
The answer to the question is 'Yes'. According to nature of question if the answer may be "yes" or "no" that can be provided against such question. There is no such rule under RTI Act that answer cannot be in the form of Yes or No.

Q: Builder not refunding advance deposit

Dear Sir /Madam, I was planning to purchase a flat in delhi. I visited one flat and found satisfactory. I was asked to pay 12lac so that agreement to sale can be prepared and rest 35 lac loan can be availed. Since agreement to sale is prerequisite for home loan, I paid 12 lacs through RTGS to the builder. During technical evaluation of bank, it was found that it did not follow DDA guidelines and does not have requisite approval so my loan was rejected. I asked the builder to cancel my booking and refund me the advance amount. In agreement to sale, it is mentioned that either of them right to cancel and full refund will be made. Then builder paid me 5 lacs after a month and asked one more month for rest 7 lacs amount. Now it is more than 7 month and still he is giving me date and delaying. After I insisted a lot, recently he paid 1 lac. He is still holding 6 lac. Pl tell how can I get my hard earned money back. I had taken personal loan to pay him advance or token amount.

Advocate Shiv Kumar Tiwari answered
You may file police complaint for breach of trust against said builder to get your hard earned money back and/or go to consumer forum of jurisdiction with your grievances. It is clear that builder is guilty, because you entered into agreement in presumption that he had followed DDA guidelines. You must not suffer for fault of builder.