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advocate rajesh

counsumer forum issued notice to SSC for not supplying information

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advocate rajesh

I filed RTI applicaiton with SPIO of SSC of a state but the SPIO ,first appeal provided me the coplete information . I prefered 2nd appeal the SIC passed an order and directed the SSC to reply pointwise . But even after the orders of the SIC the SPIO did no supply the proper and complete reply. I made a complaint to the SIC but even after that the SPIO did not bother and said that informatio has already been supplied.

I drafted a complaint and put it before the Cosumer forum with all the facts . As I was consumer because I deposited the application fees . The Hon'ble Consumer forum was pleased to issue anotice to the siad SPIO. we all should try this thing frequently as it consumer court is an alternate remedy. The RTI applicants will be benifited a lot

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K C S Kutty

The question is whether you got information after Consumer Forum sending a notice ?

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santosh kumar vyas

Respected Rajesh sir,

Please send me the whole petetion which u have filed so i can also file the case in the consumer court and seek remedy . i have deposited the fee but still CPIO has not supplied the information.

 

With kind regards ,

santosh Kumar vyas

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sidmis

Dear Adv. Rajesh,

 

Please elaborate more on this.

 

Sidmis

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advocate rajesh

Dear friends ,I put whole of the case before the Hon'ble president consumer forum and brought into her notice that even after my filing 2nd appeal and passing of order by SIC the SPIO did not supply me the pointwise reply, hearing the points the Consumer forum issued a nptice and on the next date of hearing SPIO will be appearing in the Consumer forum. i have also claimed damages for deficiency in service. Still no relevant information is supplied by the SPIO letus see what action consumer forum takes. Hoping for the best.

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K C S Kutty

As per the provisions in RTI Act 2005, if information is not provided after the orders of SIC in second appeal, the SIC has to be approached for enforcement of its order.

 

If Consumer Forum can give relief, it could have been approached in the beginning itself.

 

In this case also, it is understood that the Consumer Forum has only sent a notice. It has not issued any orders.

 

RTI Act 2005 is for getting "information" from a "Public Authority". Consumer Protection Act 1986 is for getting relief, cost and compensation/damage for "defects in goods" or "deficiency in service".

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mahekovoor

Now the sad part will be instead of the cic/sic office,you keep waiting for the hearing and judgement of the cas at consumer forum.

 

Only your seat is changed. Instead of sic/cic,you now sit at he consumer forum.

 

I am not trying belittle the enthusiasm and initiative taken by you.

 

As an advocate,you know that,even consumer court which was initiated for speedy disposal of cases take years for settlement of cases

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smbhappy

I had already posted some times earlier at this forum about the decision of the National Consumer Protection Commission regarding the RTI applicant is a consumer:

 

The National Consumer Protection Commission has upheld the Mysore District Consumer Protection Commission in the matter between Dr. S. P. Thirumala Rao v/s Mysore City Municipal Corporation wherein it was held that an Applicant u/s 6(1) of the RTI Act, 2005 is a "consumer" of "service" of seeking information by paying a fee. Hence the act of the Public Authority not furnishing the information without giving reason or false information is furnished to the Applicant amounts to "deficiency in service". An order to pay Dr. Rao Rs.500=00 towards harassment and cost of Rs.100=00 for the litigation was passed. Karnataka State Consumer Commission had dropped the district forums order but the same has been restored by the National Commission. This is one more tool in addition to section 19 and 20 of the RTI Act, 2005 to fight the corruption and those who mindlessly shield it. Happy information seeking to all in 2010.

 

So this is another avenue open to the RtIians

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advocate rajesh

To move to Consumer Forum, no doubt it will take time and we will have to sit there but there will be a pressure on the concerned authorities and a time will come i future when the said authorities will have to appear in the forum and will have to pay damages . Moreover I am also working on the issue that some Criminal complaints can also be filed against the such officers for not fullfilling there duties in proper way if any of the respected member have some point on this kindly share. or if this thing is possible kindly have a look on this angle also. thanks .

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ambrish.p
Moreover I am also working on the issue that some Criminal complaints can also be filed against the such officers for not fullfilling there duties in proper way

 

Dear Rajesh Ji

 

Please see:

 

http://www.rtiindia.org/forum/21307-central-information-commission-issues-sshow-cause-notice-dopt-officers-threatens-action-under-sec-166-187-188-ipc.html

 

http://www.rtiindia.org/forum/45050-framing-right-information-query-against-prospective-faa-post122727.html#post122727

 

regards

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advocate rajesh

The bloge is really informative and every one should try it out so that additional pressure can be built up.

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adil85

In all the cases which will be brought against the PIO or FAA u/s 166 or other sections of IPC, sanction for their prosecution is a must from the State Government or the Central Government since the cause of action arises in course of discharge of their duties.However, no such sanction for a civil suit or under COPRA is required. Advocate Rajesh may proceed on. A number of pessimists are there to discourage but take steps. And one thing more please take advice or help from Mr.J.P.Shah who is a revered member of this site and runs his own blog.

adil

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jps50

Consumer Forum will not only order supply of correct information, but will also compensate the complainant for delay and defective information and services. Consumer forums can also compensate [without limit] for mental agony, inconvenience and damages due to delay. It has also powers to issue interim orders for supply of info, pending final decision of forum.

 

Since Consumer Forum has issued notice, the case is admitted and there is primafacie cause for consumer problem. Otherwise also decision of apex consumer commission NCDRC is clear and binding on all consumer forums/commissions.

 

Such action under COPRA would sensitize PIOs and FAAs specially where SIC is too pro-PIOs. In consumer forum president is a retired judge of a district court and not a ex-babu.

 

In Bihar, State Human Rights Com has summoned a PIO. Let us see what happens-it could be third avenue for info-seekers. More the merrier !!!

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jps50

I would suggest a note as under:

 

NOTE TO BE INCLUDED IN ALL RTI APPLICATIONS AND APPEALS FOR PROPER COMPLIANCE OF RTI ACT 2005

 

For your kind information, I add that in addition to RTI Act 2005, I can proceed against public authority and its officers under The Consumer Protection Act 1986 as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, Mysore.

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rajching

considering the kind of awards that the consumer forum gives gives (peanuts) and the time and money one would have to spend at the consumer forum, I strongly believe that a complaint u/s 18 of the RTI with the Information Commission would yield much better result and sensitize the bureaucracy... you can force them to apply a penalty of Rs25K as well a trigger disciplinary proceedings (in addition to getting your information).....

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smbhappy

Please read Today's Hindustan Times (Chandigarh Addition) page 2 or visit - Unhappy with RTI? Move consumer forum

 

visit

 

to read the story.

 

Ashu Mittal of Faridkot has been awarded a compensation of Rs. 10000.00 from the Transport Department by the Faridkot District Consumer's forum.

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rajching

A compensation of Rs10K is good and I hope that consumer forums in the future will award such exemplary costs to the consumers... But how can we guarantee such awards? In absence of guaranteed outcome, I would think that it is better to try both (u/s 18 of RTI and consumer forum)

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mahekovoor
I would suggest a note as under:

 

NOTE TO BE INCLUDED IN ALL RTI APPLICATIONS AND APPEALS FOR PROPER COMPLIANCE OF RTI ACT 2005

 

For your kind information, I add that in addition to RTI Act 2005, I can proceed against public authority and its officers under The Consumer Protection Act 1986 as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, Mysore.

I think,it is a very good suggestion.

 

I feel,in the sample RTI application given in the site,above wordings may be added so that,whoever sends rti applications on various matters,include this warnings to all concerned.

 

let there be "flooding" of consumer complaints in all consumer courts across the country and there are more incidents of penalty/compensation awards from consumer courts,all concerned may become more alert and prompt in answering rti queries. (there is another risk of the govt taking preventive actions like making the rti "free of such charges" so that '"it" no longer become a "service")

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jetley

If possible, please post copy of your complaint, and the forum's order thereon, in this thread. It will benefit many more like you

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smbhappy

Section 80 CPC Notice Draft.docApart from the consumer court remedy, one should go in for the notice under section 80 CPC. In this case the Govt Officers/Officials are need to explain for the delay and conduct. a draft copy of the notice is attached. In Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI) the Honorable Supreme Court took Judicial notice of the fact that the government and its agencies are the biggest litigants in the courts and are known to be a huge contributor to delays.

 

The Court thus directed- “Having regard to the existing state of affairs, we direct all Governments, Central or State or other authorities concerned that whenever any notice is received by them, they have to ensure that replies to notices are sent within the period stipulated time. The replies shall be sent after due application of mind. Despite this, if the court finds that either the notice has not been replied to or the reply is evasive and vague and has been sent without proper application of mind, the court shall ordinarily award heavy costs against the Government and direct it to take appropriate action against the officer concerned including recovery of costs from him.”

 

Also, the Honorable Supreme Court has further directed under “VI. Notice issued under S.80 of Code of Civil Procedure” that - “Every public authority shall appoint an officer responsible to take appropriate action on a notice issued under S.80 of the Code of Civil Procedure. Every such officer shall take appropriate action on receipt of such notice. If the Court finds that the concerned officer, on receipt of the notice, failed to take necessary action or was negligent in taking the necessary steps, the Court shall hold such officer responsible and recommend appropriate disciplinary action by the concerned authority.”

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jetley

I'm sorry, I didn't find the forum's order in your post. Was it missed by mistake?

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smbhappy
I'm sorry, I didn't find the forum's order in your post. Was it missed by mistake?

 

Are you addressing me Mr. Jatley!!

 

Please see (click) the first line of my post #22. It is not a Forum's order but its is about the Notice u/s 80 CPC, which is yet another remedy for getting the government officer out of a deep slumber.

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karira
Are you addressing me Mr. Jatley!!

 

Please see (click) the first line of my post #22. It is not a Forum's order but its is about the Notice u/s 80 CPC, which is yet another remedy for getting the government officer out of a deep slumber.

 

I suggest that instead of making your attachments "inline" it is better to attach as a separate attachment.

Due to the light blue colour of the hyperlink, many new members will miss the attachment.

If it is attached separately, then it appears boldly at the end of the post.

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