Rti case in a consumer forum dismissed what next?
RAMJI
(Querist) 12 October 2013
This query is : Resolved
Dear experts
This is an RTI case. Filed CC in DCDRF claiming compensation. Opposite party (public info officer) filed a CMP for "rejection of complaint" . I filed counter, judge wanted me to file citations in support of my case, i filed. Later OP was asked to reply but GP appeared on behalf of OP and filed a citation of High court judgement against my complaint and finally DCDRF allowed CMP and rejected my complaint. The most interesting thing is that the referred cited orders have been overlooked by high bench at madurai in another rti case...this was not known to the learned president of dcdrf who passed orders....after pronouncing orders he asked me whether i read the cited judgment.. i said i read that too and also i read the other one which overlooked the same at bench.... learned president was shocked...i was so cool... and said i have next remedy your honour!
my questions are:
1. What is the next step for me ( either to file appeal or review?)If it is revision should i file it in State commission ?
2. order was pronounced on 3.10.13 but still order not ready in printed form... what is the maximum time limit for the dcdrf to issue orders in writing?
3. Is this order copy mandatory for me to file appeal or revision in next level i.e state commission?
4. Is there any court fee to be paid for appeal or revision if so
5. Is there any template / format for appeal in consumer complaint cases.. kindly give web site address if any
6.any other views?
regards
ramji
Devajyoti Barman
(Expert) 12 October 2013
1. Appeal in state commission.
2.no time limit.
3.yes
4.no when case is dismissed.
5.yes, consult state commission staff.
Dr J C Vashista
(Expert) 13 October 2013
I concur the advise of expert Sh. Devajyoti Barman as the next step to file appeal in State commission
2.No limit
3. Generally it should be there, however, certified copy of the order (by counsel)will do, with an application to exempt filing original (to be filed on receipt).
4. No court fee is to be paid for appeal or revision.
5. The template / format is same which ou have filing for any appeal.
Rajendra K Goyal
(Expert) 13 October 2013
Well advised by the experts, nothing more to add.
Rajendra K Goyal
(Expert) 13 October 2013
Well advised by the experts, nothing more to add.
K.K.Ganguly
(Expert) 13 October 2013
I just want to add the following point.
Apply for the certified copy of the impugned order, passed by the DCDRF, immediately since you shall have to file the appeal before the State Commission within 1 month from the date of receipt of the Order of the Forum lower.
RAMJI
(Querist) 13 October 2013
Dear All Experts
My sincere thanks to all (mr barman,
dr vashista,mr nadeem, mr sarvesh, mr rajendra and Mr Ganguly ) for having given me excellent advises in quickest time possible... well advised in all sides. yes will apply for certified copy and proceed to appeal before state commission...
thanks & regards
ramji
Raj Kumar Makkad
(Expert) 15 October 2013
No complaint lies before Consumer fora for non supply of information under RTI Act.
RAMJI
(Querist) 15 October 2013
Dear Mr Rajkumar Sir
For your kind info, there are many RTI cases allowed in various DCDRF/State commissions too and they awarded compensation and held RTI applicant a consumer and non supply of information in time is defective service...... there are more than 20 citations all over country in websites of DCDRF/ RTI portals.....however there are few cases the VIEW EXPRESSED BY YOU ALSO BEEN HELD AND COMPLAINTS DISMISSED.....this indicates that the decision differs from case to case and not uniformly applicable for all RTI cases.... with this my query is as below:
My query is " IS THERE ANY ORDER OR ORDINANCE / AMENDMENTS STATING THAT NO COMPLAINT LIES BEFORE CONSUMER FORA FOR NON SUPPLY OF INFORMATION UNDER RTI".... IF SO, PLS GIVE REFERENCE BECAUSE THIS WILL BE HELPFUL all over THE COUNTRY for ciitzens /rti applicants /dcdrfs TO BE AWARE AND STOP REGISTERING RTI CASES WHILE NUMBERING ITSELF...... IF IT IS A UNIFORM RULE FOR THE COUNTRY THEN DCDRFS NEED NOT WASTE TIME IN PROCESS, hearing, ENQUIRY , JUDGEMENTS ETC., AND RTI APPLICANTS TOO NEED NOT WASTE THEIR TIME & COST FOR A CASE WHICH WILL NOT YIELD ANY RESULT..... MY request IS why THE CONCERNED AUTHORITY IS NOT MAKING IT CLEAR TO CITIZENS IN THIS REGARD BY SHOUTING FROM ROOF TOP SO THAT NEITHER CITIZEN NOR DCDRF NOR COMMISSION WILL WASTE THIER TIME AND AT THE END OF DAY SAYING IT HAS NO JURISDICTION ETC.,
Your kind views are welcome sir
Regards
Ramji
