Rti applicant and consumer protection act
Thirumalai Raja
(Querist) 13 January 2013
This query is : Resolved
Sir
Can Right to Information Applicant file a petition against the non issuance of information for his application under Consumer Protection Act before Consumer Court
Guest
(Expert) 13 January 2013
Instead of raising an academic query, please state what is the actual problem and whether appeal was filed to the appellate authority under RTI by you against non supply of information by the PIO, or not, and what response you could get on your appeal?
Thyagarajan
(Expert) 13 January 2013
yes
In the Judgment of NCDRC in RP 1975/2005 the Mr. Justice R.K. Batta had observed, “The competent authority (PIO) was required to give information within 15 days of the application in terms of Section 5 of the said RTI Act. However, the said information was not furnished. The complainant had approached the District Forum claiming compensation/damages for deficiency of service. Even though, further remedy may be available to the applicant in case information is not supplied in terms of Section 5 of the said RTI Act within 15 days, yet, there is no bar to approach the District Forum for deficiency of service. The remedy under the said RTI Act would take care of disciplinary action and penalty against the competent authority(PIO)in not furnishing the information but no remedy is provided under the said RTI Act to the applicant seeking information therein if information sought is not provided resulting in deficiency of service on that count. The applicant had paid a fee of Rs.10/- for seeking the said information. The case of the applicant would fall within the scope and ambit of Section 2(i)(o) of CP Act, which provides that service means service of any description which is made available to potential users, which include purveying of news or supplying of other information. The complainant had availed of the services under the said RTI Act for consideration by paying fee and had sought information under the said Act, which was not supplied to him, which amounts to deficiency of service. The complainant is, thus, a consumer vis-à-vis information sought on payment under the said Act. In our view, therefore, the State Commission was wrong while holding that once the complainant had availed the remedy against which appeal was provided, he could not maintain a complaint under the CP Act.”
Thyagarajan
(Expert) 13 January 2013
The query is answered by me
Arvind Singh Chauhan
(Expert) 13 January 2013
I fully agree with Mr. Thygarajan. There are more judgments on this issue.
R.K Nanda
(Expert) 14 January 2013
no more to add.
Raj Kumar Makkad
(Expert) 15 January 2013
I also endorse the views of the experts.
