Rti matter

Jatinder Vijh (Querist) 01 November 2011 This query is : Resolved
Can an applicant under RTI Act not satisfied with the reply approach the Consumer Court, claiming that he is a consumer of Information? The applicant has not filed an appeal with CIC or the appealate Authority.

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Shailesh Kumar Shah (Expert) 01 November 2011
Dear Mr. Jatinder Vijh,

Rti Applicant is consumer under the CPA.

In the asked query, you can't go the consumer forum because you are not filed yet appeal.

Devajyoti Barman (Expert) 01 November 2011
preferring appeal is the appropriate remedy.

prabhakar singh (Expert) 01 November 2011
yes! as an appeal is provided one is required to file.It should be understood that RTI is recognized by law and not by private agreement of two parties about sale or service of goods so conceiving in manner you are thinking , in my opinion, would be stretching the rubber more than its elasticity.

prabhakar singh (Expert) 01 November 2011
One Thing more i left to address that i am not very much convince with judgement pronounced by national commission.

we pay court fees,so fora may have jurisdiction on courts also to monitor
their functions and award damages for wrong judgement.

Guest (Expert) 01 November 2011
When we are paying the fee for the courts then we are not going to become the consumer as in this fee does not get any reply for that deposit and in case of RTI we specifically provide the fee for the reply of the information sought. so i am fully justified with the judgement of National commission in this regard as given in Dr. S Tirumala Rao.

Raj Kumar Makkad (Expert) 01 November 2011
Nothing remains to be added in detailed replies of experts.

umapathi.s (Expert) 02 November 2011
you can approach the consumer Court provided you have to prove the deficiency on the part of public authority.I personally feel that you need to file Appeal under RTI Act which is more effective remedy.

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