Petition against pios
Thyagarajan
(Querist) 24 January 2013
This query is : Resolved
Dear Members,
Consumer Disputes Redressal Forums, country wide, are now-a-days accepting petitions from those who are aggrieved of not getting information sought on RTI Act from Public Information Officers on grounds that provision of information is a ‘service’ as defined in 2.1.(o) of CP Act. If the information given (service rendered) on actions of the department concerned are deficient in terms of Sec 2.1 (g), specifically “being inadequate in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force” can the Forums pass orders on the departments, on behalf of which the PIO is giving information, to make good for the deficiencies?
ANIL KUMAR 8867907494
(Expert) 25 January 2013
CP act will not apply because there is no consideration passed on to the other party
Raj Kumar Makkad
(Expert) 28 January 2013
I do not agree with Anil. Consumer forum shall not work in the given matter as per departmental authority rather it shall penalize the PIO as per provisions of Consumer Protection Act.
Thyagarajan
(Querist) 28 January 2013
Dear Raj Kumar,
As per provisions in Sec 14(e) of the Consumer Protection Act a complainant can seek relief from Forum to remove the defects or deficiencies in the services in question. In my case the service rendered is in form of information that is defective and deficient as defend in sec2.1(g) of the Act especially that the Executive Engineer of corporation(in my case PIO himself)executed a project not following laws that are in force. I have proof what the actual laws are in force. If the Consumer Forum is satisfied with my proof, my question is whether it can order the PIO(the E/Engineer) to make good for the defects and deficiencies in the project executed?
Raj Kumar Makkad
(Expert) 28 January 2013
No. You shall have to file a separate complaint for that purpose of getting the defects corrected as this is an entirely separate cause of action wherein you may file another complaint seeking compensation for not providing the information within stipulated time despite of obtaining the requisite fee.
Thyagarajan
(Querist) 28 January 2013
Dear Raj Kumar,
The cause of action of present petition of mine found maintainable by forum is that I had paid Rs 10 to obtain information but it was not given fully in all respects. The opposite party is asked to file his version by 7/2/12.
As per view the present petition will be closed by Forum if opposite party gives full information irrespective of whether the information is in accordance with present rules. Of course I understand the Forum will give me compensation /damages.
As per your answer your view is also that the correctness of the information should be the cause of action of a fresh petition and cannot be combined with the present petition.
Did I get you right?
Advise
