FIRST APPEAL as well as CONSUMER COURT

Querist : Anonymous (Querist) 14 March 2011 This query is : Resolved
Respected Experts,

It already 40 days since I sought information form Public Information Officer.But there is no communication from Public Information Officer.Now am in mood to go to Consumer Court for deficiency of service by Public Information Officer as well as make First Appeal .Is it O.K.???

And I need help from the respected members for drafting best possible petition in this regard in Consumer Court.And what amount of compensation should I claim from Public Information Officer in Consumer Court.

Thank's in advance

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R.Ramachandran (Expert) 14 March 2011
You have a remedy by way of appeal in case the information sought for has not been given within the prescribed period. Therefore prefer an Appeal.

Querist : Anonymous (Querist) 14 March 2011
@R.Ramachandran ji!!
Sir,Your view about going to consumer court???

R.Ramachandran (Expert) 14 March 2011
It will be highly premature.

adv. rajeev ( rajoo ) (Expert) 14 March 2011
You are not consumer so you have to prefer an appeal as said by R.Ramchnadran.

Querist : Anonymous (Querist) 14 March 2011
@adv. rajeev ( rajoo )ji & R.Ramachandranji

Sir's is it not true that National Consumer Disputes Redressal Commission had held that one you paid application fee under RTI Act. 2005 then you become Consumer.

Advocate. Arunagiri (Expert) 14 March 2011
If you want a rti info go for rti appeal.

Consumer court can not direct the PIO to provide the info. They may order for compensation.

Uma parameswaran (Expert) 14 March 2011
I am supporting the suggestion given by Arunagiri

Jitendar Kumar gupta (Expert) 14 March 2011
you have no right to knock the doors of consumer court as you are not the consumer.

Querist : Anonymous (Querist) 15 March 2011
RESPECTED EXPERTS,
Thank's you all for reply!!

Here I think's I need futher guidance from you all as my uderstanding of decision by National Consumer Disputes Redressal Commission (NCRDC)in Dr. S.P.Thirumala Rao Vs Municipal Commissioner,Mysore City Municipal Corporation decided on 28th May 2009 is that:

As I paid application fee I come under the defination of consumer and as PIO did not responsed within the time limit prescribed under RTI Act 2005,it is amount to be deficiency in service by PIO.Hence I should be compensate for deficiency in Service by PIO.

Is am right or wrong???

mahendrakumar (Expert) 20 March 2011
eventhough,You can very well file a consumer case.

It would be better to do so after exhausting other options like appeals in the rti channel.

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