G.L.N. Prasad (Retired employee.) 10 January 2012

Consumer protection act /rti act

Ever RTI applicant was treated as consumer under RTI protection Act also as consideration was paid as RTI fee to avail services as defined in CPA through Dr.S.P. Thirumala Rao Vs. Municipal Commission, Hyderabad RP No. 1975/2005 decided on 28-05-09 by National Commission. As approach to District Forum is much easier and not time consuming and economical several RTI Applications were filed before District Consumer Forums on this decision.

The same commission now in T. Pundalika vs. Revenue Department in RP No. 4061 of 2001upheld following finding of Karnataka State commission and dismisssed on 31-03-01- stating that they agreed with the view taken by the fora below petitioner can not be claimed to be a consumer under the CPACT. There is already available for him to approach the AA under 1ec of RTI Act.

"At the outset it is not in dispute that complainant had filed an appllication u/s 6 & 7 of RTI Act to the OP No.4. But complainant cannot be considered as a consumer as defined under CP Act since there is a remedy availalble for the complainant to approach the appellate authority u/s 10 ofthe RTI Act, 2005"

On the basis of this decision District Consumer Forums refusing to accept complaints from RTI applicants.

What are the implications of this decision on pending petitions before State/Consumer Commissions ?

Earlier Judgment discussed various aspects and glaring point is that compensation is not being awarded by Information commissions and only punishment in very cases are being recommended whereas in CP Act compensation is availalble for deficiency of the services. The later decision a simple in single page and single ruling that RTI applicnt is not a consumer.

Can learned friends enlighten on the latest decision is a overruling of earlier decision and to overcome later decision what should be the procedure

with regards,

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1 Replies

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347) 08 May 2012

Dear Mr. Prasad,

Thanks for your posting such a topic. It is very sad that Hon'ble NCDRC is giving such judgements. First judgement dated 28-5-2009 in RP 1975 which is very complete in the eye of law as everypoints has been discussed that how they have come to this point that - RTI Applicant is a consumer under CPA.

But another side in the judgement dated 31-3-2012 in RP 4061 they have not discussed anything that how they arrived on such a conclusion that - RTI Applicant is not a Consumer under CPA.

Here it will be pertinent to mention that under section 2(1)(0) of CPA 1986, Service defined as that -

"service" means service of any descripttion which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, 2[housing construction] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;

Further “Deficiency in Service” as defined u/s 2(g) of CPA 1986 which to be read as -

"deficiency" means any fault, imperfection, shortcoming or inadequacy 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 or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;

But everything mentioned in the Act has been ignored and justice denied to the people. Now only one things can be done - APPEAL TO HON'BLE SUPREME COURT OF INDIA to clarify the law points - Whether RTI Applicant is a Consumer under CPA or Not ?