RTI Fees Paid - THEN YOU BECOME A CONSUMER

Can they say that; "Ok, we are ready to refund the amount with interest Rs.10/- plus interest Rs.2/- ?

It will be a way for them to escape??

To.  Mr. Ram Samudre,

1. Unfortunately for the P.I.O., there is no such provision in the RTI Act or the CPAct.

2.  However, IF you wish to experiment, THEN I can take up the matter and see it the court allows the PIO to refund 10/- + Interest  and then lets off the PIO with a   "Thank You"   and in the process sending the legal system down the sewage drain.

3.  Ek bar kya hua :

a)  One robber robbed a Lena-Dena Bank, to the tune of  5 Lakhs only.  He was caught after 2 years.  THEN the robber said  "I am ready to return the 5 lakhs with Interest.  Let me go scot-free."
AND surprisingly, the bank agreed and the Police did not register any case of robbery / theft or any other case.  What Luck !!! 

b)  AND it will not be surprising ....  since the Lord Almighty says "Forgiveness is Supreme"  AND  if you forgive THEN  "You connect to the Lord directly"..

QUOTE :  "The best thing about the future is that it comes only one day at a time."

Keep Smiling .... Hemant Agarwal

Thanks Hemant ji.

Is the case of my application dated 31.05.2010 to GAD/Secretariat/Mantralaya is a fit case for consumer court?  If yes, I would like to go ahead.  Will you represent it on a vakalatnama from me???

We will ever post the devepolment here so it will give courage to others.

I never come under fear of defeat even every attempt to defeat me makes me multiple times winner.

Every defeat is another success.

To.  Mr. Ram Samudre,

From your other posts, I understand  that you have always received some replies from the PIO.  Further I mentioned that  ...  "Unfortunately for the P.I.O., there is no such provision in the RTI Act or the CPAct."

AND IF you still want to experiment,  THEN I'll prepare the paper-work for the Consumer Court and you may represent yourself in the matter.

Please email me the scanned copies of your RTI applications for preparing the paper-work for the Consumer Court.    HOWEVER, please note that CPAct will be applicable ONLY IF the PIO has  "NOT"  replied to you,  ONLY THEN the deficiency in service clause will get attracted.

If the PIO has replied to you in any manner and if you are not satisfied with the reply,  THEN tentatively CPAct is not attracted and you will have to prefer an appeal with the appellate authority under RTI Act.

Keep Smiling .... Hemant Agarwal

Thanks Hemant for the information.

It adds some pressure  and gives added power to RTI act

OK. Hemant ji, thanks, we go ahead for practical it.

No more papers I have only my application dated 31.05.2010 and appeal dated 20.07.2010 which I just posted by UPC in Mantralaya Post Office.

My application is not responded.  I met to PIO last week whereas she replied that "Oh I forgot" but actually she is very careless old lady and passing time in waiting her retirement for last two years.

My application is posted here in constitutional section.  I am also sending its scanned copy to you.

As and when the paper work is ready i will immediately o further.  In these matters I neverwaste even a single minute since establishing accountability and responsibility of public servants is a top priority till than the their dictatorship cannot be stopped.

IMPORTANT  KEY POINTS :

1)   RTI Act bars the jurisdiction of courts, but  "NOT"  the consumer fora as the Consumer Protection Act (CPA) is meant to be an  "ADDITIONAL"  remedy,  (surprisingly)  irrespective of all other Laws.

2)   RTI Act does not deal with compensation for deficiency in service.   Hence, a complaint filed to claim compensation for deficiency in service for failure to furnish the information would be maintainable under the CPA.

3)  IT IS A settled law was that even if a particular law barred the jurisdiction of courts, a complaint could still be filed under the provisions of the CPA as it provided an additional remedy. The RTI Act did not bar the jurisdiction of the consumer fora

4)   An applicant under the RTI Act has to pay fees for getting the information, and hence he acquires the status of a consumer.

ADDITIONAL  INTROSPECTION :
5.   AN  PIO  is a  mandatorily  an  "PUBLIC SERVANT".  Technically to prosecute a public servant, prior permission has to be taken from the dept. head.    HOWEVER  UNDER THE  "CPA"  IT IS NOT AT ALL NECESSARY TO TAKE  "ANY"  PERMISSION FROM  "ANY" AUTHORITY,  SINCE  CPA PROVIDES FOR AN  "ADDITIONAL REMEDY"  over an above   "ANY & ALL"   other prosecution remedies available under various other acts (Prevention of Corruption Act, IPC, Cr.PC and so on.)

6.  FURTHER,  the jurisdiction to penalise the  PIO (u/s 20(1) & 20(2) under RTI Act)  is ONLY with the  SIC or CIC  and the first appellate authority has no jurisdiction to penalise the PIO.

ABOVE ORDER is by the National Commision   (under CPA),  AND HAS YET NOT BEEN OVER-RULED by the Apex Court.

Keep Smiling ... Hemant Agarwal
 

really "keep smiling" judgment

Hemant   Ji,

                         Thanks...............................a     lot      2     you      4      a     good    information       that     the     JUDGMENT     OF     THE      APEX    FORUM  ( Dated.....28th   MAY  2009 )       HAS      NOT      yet    been     OVERRULED    by    the    APEX    COURT     OF    INDIA.

thanks sir for special information !

Dear All,

Please check out the following link, for very useful information / decision on RTI PIO being penalised / fined by CIC for delayed information.

https://www.lawyersclubindia.com/forum/RTI-PIO-fined-by-CIC-for-Delay-28622.asp

Keep Smiling .... Hemant Agarwal

Dear Hemant ji

                                A letter petition dated 28-08-2010 was sent to Supreme Court  of India as under ,which is as under ............

From: vmrajkishore@live.in

To: supremecourt@nic.in; hcbom.mah@nic.in; hcourt@tn.nic.in; h-asm@nic.in; agcghc.cg@nic.in; hckerala@nic.in; delhihighcourt@nic.in; computer@allahabadhighcourt.in; computer_lko@allahabadhighcourt.in; yedhulaprakash@gmail.com; presidentofindia@rb.nic.in; pkp.shreyaskar@nic.in; coldewan@gmail.com; support@corruptionmonitor.com

Subject: LEtter Petition

Date: Sat, 28 Aug 2010 06:18:02 +0000

To,

 The Chief Justice Of India & other Judges

The Supreme Court Of India , All High Court ,

India .

Subject : Letter Petition

Respected Sir/Madam

                                   With due respect it is submitted to your Hon'er that kindly solve the following ,which is pending since 29-03-1996 (date of order passed by the Supreme Court of India , In the matter Contempt Petition (Civil) No. 203 of 1996. The full fact are being sent to you all for your kind consideration as attachment.

                                                "WHAT IS REMEDY AGAINST THE CORRUPT SUPREME COURT OF INDIA IN THE CONSTITUTION OF INDIA?"

                                               plz. take Immidiate action because no body can be punished due to the above noted matter .

                                                                                                           Awaiting for instant action to save the nation .

                                                                                                                                                                     Your's Faithfully

                                                                                                                                                                   Raj Kishore Vaish

                                                                                                                                                           118, choubey tola ,sitapur U.P.

Note : For,

                   To,

                   The Chief Justice & Others Judges (Bench Dealing The Matter Of Mr. Kasab terrorist )

                  Bombay High Court

                  DEar Sir ,

                                   Kindly consider the Supreme Court Judgement while Deciding the matter of the Mr. Kasab Terrorist .He may be terrorist for other nation but in india ,he i is not terrorist as per above noted judgemement .

                                                                                                            Raj kishore Vaish

                                                                                                        118 choubey tola, sitapur U.P.

Pasted from <https://by128w.bay128.mail.live.com/mail/InboxLight.aspx?FolderID=3d1bb99e-8c96-44ce-959e-7e5e4425e455&InboxSortAscending=False&InboxSortBy=Date&fav=False&n=766642554>  <file://D:\WINDOWS\Installer\{90120000-0030-0000-0000-0000000FF1CE}\wordicon.exe>

                     The CPIO, S.C. replied (28-10-2010) as under on my application dt. 16-09-2010 (RTI)as under for the following information sought........

              "Whether the letter petition sent on dated 28-08-2010through email has been accepted or rejected?"

                    Information provided is as under ............

                         "No action could be taken on your email dated 28-08-2010 sincethe contempt petition has already been dismissed."

                             Is there any relation btween the Letter Petition dated 28-08-2010 , the information sought and the information provided?

                           Appeal was filed (03-11-2010) and heard on dated 3-12-2010 with no result up to now.

                                             What I should do now?

                                                                    Raj Kishore Vaish

                                                                       0980952137

Dear Soni Ji ,

                         " I have said that nobody can be punished in india till the above noted judgment is live ." How I can be punished ? I may be shoot or encountred  by some one but can't be put behind the bars.But both are not posible at present because I am already behind the bar (under full protection of God Father or Don of this word ).

                     Now the question is ........

           " Whether the members of this forum are only for discusion , not to take any action or movement ?"

                                         ................AGAINST THE CORRUPT  AND CORRUPTION.............

                             You may afraid of with the " Put behind the bar" . But I am afraid of with the ",What is the future of my Country ?"

                            I would not shying in saying that no need of like ...............................................

Raj Kishore Vaish :

You have addressed me a query and here's an most suitable answer to your query.

ANSWER :   By virtue of living a democracy country, you are entitled to sit in front of the the Supreme Court complex,  for a   " FAST-UNTO-DEATH ",  for redressal of  ALL your grievances.  There is no other option left for you, but to do the needful as above.   Even the father of the Nation, tried this "Fast unto Death" strategy and bought down every Indian and Britisher on their knees.  IF your case the Supreme Court & the President and the RTI CIC and the entire legislature, could submit themselves in your favour.

PERSONALLY,  I prefer to support Corruption and Anti-Corruption too, depending on the circumstances or turn of events.  People who propagate or criticize  "CORRUPTION"  are weak-minded and weak-willed people, (or say blank-head people) who live within a limited limitation of thoughts.

AS it is all our Gods and Religions is based on "corruption, nepotism, casteism, favouratism",  Every Gods of whatever religion or whatever, has praticed orruption, nepotism, casteism, favouratism".   However, if you are unaware of such instances, THEN  RE-READ all the religious scriptture's and then once again keep-on re-reading all the religious scripttures to find how Gods and Religion are truely based on "corruption, nepotism, casteism, favouratism".
Contradictions to above statement are invited from ALL,  with appropriate justifications.

Keep Smiling .... Hemant Agarwal

Thank you Hemant Ji ,

                                            You dislike me because I am propagating corruption ,weak minded,weak-willedand have a limited limitation of thoughts.And I dislike to them who don't know about their Mother and may change........ their veiws depending on the circumstances.

 keep smiling    ....................................................................Raj Kishore