complaint against CPIO/SPIO (RTI) is maintaibale before cons
vinod bansal
(Querist) 13 July 2010
This query is : Resolved
R/Experts
Whether complaint against public information officer is maintainable before consumer forum or not.Kindly express your opinion.Thanx
mahendrakumar
(Expert) 14 July 2010
it is maintainable.
for details of a case at karnataka,you may search the forum.
Raj Kumar Makkad
(Expert) 14 July 2010
No. This is not maintainable at all. It is like trying to purchase sweets from clothes shop. When specific law is meant for dealing a particular set of facts/class of litigation no general law or another law is possible to be applied.
I cannot be agree with Bansal on this point.
vinod bansal
(Querist) 14 July 2010
Sir
in view of case National commission dr. s.p. thirumala vs municipal commissioner Date of Judgment 28/5/2009 such complaint before consumer forum is maintainable. DCDRF has issued noticed on 12-07-10 on my complaint to SPIO.
Uma parameswaran
(Expert) 14 July 2010
If it is related to deficiency of service then maintainable.
mahendrakumar
(Expert) 15 July 2010
Mr.Rajkumar,there is no point in whether you or me agreeing to this.
the judgement quoted by Mr.Bansal is a land mark judgement with regards to the implementation of RTI act.
eventhough there is a provision of fining the CPIO/PIO under the act,it is very rarely invoked because of the nexus between various authorities in implementing the rti act.
when you are paying rs.10 as a cost of providing an information (which you are entitled to get free in a civilised society),you are a customer as per the consumer act,as decided in the above case.
in order to get the best out of the rti act, what is the harm in using consumer protection act too?
