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  1. The Punjab & Haryana HC has itself ordered the disclosure of information sought and also awarded a compensation of Rs. 10,000.00 to the applicant because the public authority raised unnecessary objections to the information sought and the CIC blindly agreed. The full judgment is attached to this post. Needless to say that the issue remains that the information has been sought, since 2011. The information has been denied only on the ground that it is vast and cannot be supplied or not specific. The said reasoning cannot be justified in any manner. The particulars of the information are very specific what was asked for and is not that the period is so expansive that the information could not have been supplied. The information sought for reads as under:- "2. Particulars of information desired: I. Kindly provide the following information in respect of all posts of Senior Scientists, principal Scientists and all RMP posts, advertised by ASRB since, 01.01.2010. a. Number of candidates who applied against the post. b. Names of the candidates whose application was rejected. c. Names of candidates called for interview for each post d. Date of interview e. Names of candidates not called for interview f. Name and complete address of the selected candidate The above information must be supplied separately for each post clearly mentioning the advertisement number and name of the post." It is, thus, apparent that the information was only sought from 01.01.2010 till 15.03.2011, which could have been easily conveyed to the petitioner, after proper compilation. The same has unnecessarily been denied by the respondent-Board without any valid justification.Counsel for the respondent-Board submits that the matter may be remitted to the respondent-Commission for a fresh decision as the said facts were not examined. However, keeping in view the 3 of 4 considerable delay, which has only taken place, only on account of the technicalities and the Commission not having been kept abreast of the latest development, this Court is of the opinion that there is no justifiable reason for remitting the matter back to the respondent-Commission, keeping in view the above discussion.Accordingly, the present writ petition is allowed. The respondent-Board shall supply the information within a period of four weeks from the receipt of the copy of this order. The respondent-Board shall also pay Rs.10,000/- as compensation to the petitioner under Section 19 (8) (b) of the Right to Information Act, 2005, on account of the unnecessary objections raised, which has been to the detriment of the petitioner. Compensation under Sec 19(8)(b) if unnecessary objections raised.PDF
  2. NEW DELHI: Forty years after controversial film, Kissa Kursi Ka—a satire on former PM Indira Gandhi and the Emergency — was banned and its prints burnt, the information and broadcasting (I&B) ministry has said that it is considering an appeal for either returning the prints or compensating the filmmaker's son. Raakesh Nahata, son of KKK filmmaker Amrit Nahata, had approached the I&B ministry demanding that the prints that were confiscated in 1975 be returned or he be compensated for the monetary loss. The film cost his father Rs 17 lakh. Nahata junior has been pursuing the case since the last seven months with no headway. "My family was the victim of the Emergency. I want to be compensated for it. We have waited forty years,'' he said. In a RTI response the ministry said that his appeal for returning the prints or compensation in lieu of the loss was being "considered.'' Read more at; Kissa Kursi Ka: Government mulls returning prints or compensating filmmaker?s kin - The Times of India
  3. Kottayam: The reply to an RTI application has revealed that the authorities concerned have failed to make any move to claim compensation for the damage of properties inside Kerala Assembly during the ruckus on budget day. Read more at: http://www.mathrubhumi.com/english/news/latest-news/kerala-assembly-ruckus-no-moves-yet-to-claim-compensation-162136.html
  4. [h=1]CIC awards Rs 70,000 compensation to student[/h] The Central Information Commission has awarded Rs 70,000 compensation to a student who could not avail a scholarship as the information regarding the documents required for the same was allegedly not furnished in time by the Education Department of Delhi government. Taking a stern view of the matter, Information Commissioner Sridhar Acharyulu also issued a show-cause notice to the Central Public Information Officer in the said department asking why the maximum penalty should not be imposed on him for failing to furnish timely information to the student. The case pertains to one Raj Kumar, a student of Guru Ramdas College of Education, who had submitted to CIC that he belonged to the BPL category and required a scholarship to complete his B.Ed qualification. Kumar said that he had applied for a scholarship to the Education Department for the academic year 2012-13 and was informed that his form was in the select list while a number, 2191', too, was given to him. But he did not get the scholarship. He sought information through an RTI application in 2013 on the action taken on his application for the scholarship, but there was no response within the 30 days designated for the same. Later, he was informed that he had not attached some marksheets, which was wrong, as Kumar was able to find through RTI responses provided after the deadline for the scholarship was over. "The appellant, who is a poor man trying to complete his B.Ed with some financial support, was deprived of scholarship on the false ground that he had not enclosed the document of Matriculation certificate, which the appellant proved wrong," Acharyulu pointed out in his order. "When the Commission queried the respondent officer whether he had intimated the said deficiency to the appellant, so that he would have fulfilled the same, the officer Ganeshan... Admitted that they did not intimate the same to him in time," he added. Acharyulu said there was a delay in furnishing the required information as the reply sought by the appellant was furnished to him after the statutory period of 30 days. "The Commission considers it to be a fit case to award compensation to the appellant and hence directs the Public Authority Under Sec 19(8)(b) of RTI Act to pay compensation of Rs.70,000 within one month from the date of receipt of this order," he said. Read More: CIC awards Rs 70,000 compensation to student | Business Standard News
  5. I want compensation for the delay in Possession of my Plot in EMAAR MGF : sector ____ as per the Buyers Agreement. According to the Company, they have made the possession as per the terms and conditions of the Buyer's Agreement, as the Company is required to offer possession of a unit subsequent to laying of services on the same which includes water and sewer lines, electrification and road work. Since these services were laid on your unit, possession of same was offered to me in 2010 which was within the timeframe stipulated in the Buyer's Agreement. Hence, the compensation clause does not stand applicable Contention : I have been regularly visiting the site and bringing all the shortcomings to your notice and also provided photographic evidence of the same. Even when I visited the site in mid Aug 2013, I found that all the basic amenities had not been completed and the same along-with photographic evidence was brought to your teams notice. Thereafter vide Emaar MGF e-mail dated 22nd August 2013 (copy of mail reproduced below for your ready reference) they have clearly admitted that Emaar MGF had just initiated the process of installation of Sewage Treatment Plant (STP) and transformers in the sector. Also necessary works on the water tanks and rain water harvesting system has already been completed. The Company is expediting the completion of overall development across all sectors to make the place habitable and we shall keep you updated on the status at regular intervals. Thus it is very clear that the plot was not fully developed for taking over possession by me. =================================================================================== From: "Feedback@emaarmgf.com" To: __________@yahoo.com Sent: Thursday, August 22, 2013 1:59 PM Subject: Interaction ID: __________-/ 0006 (Unit Number: ______________) Dear Ms. _____ Greetings from Emaar MGF. This is with reference to your email dated 16th August and our subsequent telephonic discussion. As discussed, we would like to inform you that we are accelerating the development activity in the area where your unit is located. We have initiated the process of installation of Sewage Treatment Plant (STP) and transformers in the sector. Also necessary works on the water tanks and rain water harvesting system has already been completed. The Company is expediting the completion of overall development across all sectors to make the place habitable and we shall keep you updated on the status at regular intervals ================================================================================== I have also other emails of communication wherein I have mentioned from time to time that the area was not developed. Even during my last visit in the 31st March, 2014 around 10:45 AM - pics shared to them the road to my plot was not ready and was not ready and made of pebbles. A mail to this effect was also sent and post that the road was made. In view of the foregoing it is very clear that the plot and other basic amenities were only ready by end of 2014 and the offer letter for taking possession of the plot was made. Thus I am clearly entitled to claim penalty for late possession as per the Builder-Buyer Agreement. Kindly advise
  6. Hello, Can I get the particulars original of the compensation amount awarded and actual amount paid to me after 12 years from the subordinate court records without the knowledge of the lawyer represented me at that time. It is very important he should not know about this query, for obvious reasons. Can the query be from any of my children also.
  7. An applicant was awarded Rs 52,000 compensation from the information commission for his 13 RTI applications to the Brihanmumbai Municipal Corporation (BMC). The compensation was awarded on a single day when all the applications were heard. Read at: Applicant awarded Rs 52,000 compensation from information commission | Latest News & Updates at Daily News & Analysis
  8. Investors, depositors have right to seek compensation in financial fraud In an historical decision, the NCDRC held that the remedy before a consumer forum is primarily a civil remedy, whereas the prosecution before and conviction by a designated court constituted under MPID Act is a criminal remedy The National Consumer Disputes Redressal Commission (NCDRC), in a significant decision, has held that investors and depositors have a right to seek compensation under the Consumer Protection Act in case of defaults from a financial establishment. In a related case, the apex consumer Commission has asked Nagpur-based Shivaji Estate Livestock And Farms Pvt Ltd to refund money invested along with a 9% interest from filing the complaint. The NCDRC also directed the company to pay 10% of the amount invested as compensation and Rs1,000 as cost of litigation to the complainant. The NCDRC judgement ratifies a financial consumer's right to seek compensation for a fraudulent default on part of a financial establishment. A Bench of Justice VK Jain and Dr BC Gupta, said, "It would be seen from a perusal of the provisions contained in Maharashtra Protection of Interest of Depositors (MPID) Act that the designated court has no power to grant compensation to a person who is a victim of the fraudulent default on the part of a Financial Establishment. Therefore, it would be difficult to say that the said MPID Act provides an adequate redressal of the grievances of a person who suffers on account of the fraudulent default on the part of a Financial Establishment, where such defaults also constitutes deficiency in the services rendered by a service provider to its consumer. We are also in agreement with the learned counsel for the complainant that the remedy before a consumer forum is primarily a civil remedy, whereas the prosecution before and conviction by a designated court constituted under MPID Act is a criminal remedy available to the victim of a fraudulent default on the part of a Financial Establishment." In this case, the complainants, Pratibha Adelkar and 372 others were represented by Adv Shirish Deshpande of the Mumbai Grahak Panchayat. Shivaji Estate Livestock invited investors to invest in its goat farming and allied activities by purchasing units of several schemes floated by it. In its brochure, Shivaji Estate Livestock said it has arranged about 500 goats in each goat shed with 25-50 such shed in each rearing centre, 100% of the livestock would be insured and there would be 100% guarantee of the invested amount. The company also told investors that they would have hypothetical charge on 1,000 sq ft of land of Shivaji Estate Livestock and one time investment would offer consistent benefit for 15 years, experienced vets and professionals would look after livestock. The company also assured minimum expected return on the investment and if targets are achieved, investors were also promised additional bonus. The schemes also provided for pre-mature withdrawals by giving 45 days’ notice. Initially, Shivaji Estate Livestock made payments of some instalments due to the investors under the schemes but later on did not fulfil the terms (for repayment to investors). When the investors applied for pre-mature withdrawals, the company failed to honour its commitment. Alleging deficiency in the services offered by Shivaji Estate Livestock, the complainants filed appeal before the NCDRC. No one except a director of Shivaji Estate Livestock filed any reply. In the reply, the company director took a preliminary objection that in view of the provisions contained in the MPID Act, the NCDRC has no jurisdiction to entertain the complaint, since the Act provides complete machinery for recovery of investors' deposits. It also stated that a complaint and FIR was filed against the company. A charge sheet was filed against the Company and nine others, under Section 420 read with Section 34 of the Indian Penal Code (IPC) and Section 3 and 4 of the MPID Act and the case was pending before the Designated Court. Shivaji Estate Livestock, however did not deny floating of schemes and accepting deposits from the complainants. The NDCRD Bench, said, "As per Section 2(1)(d) of the Consumer Protection Act, 1986, 'consumer' means any person, who either buys goods or hires or avails services for a consideration, but does not include a person, who avails of such services for any commercial purpose. The term 'service' has been defined in Section 2(a) of the Act to mean service of any description, which is made available to potential users. The Complainants hired or availed the services of the opposite party for investing their savings in the schemes floated by Shivaji Estate Livestock, and deposited money with it for investing on their behalf in goat farming and allied activities. Therefore, it can hardly be disputed that the complainants are consumers of Shivaji Estate Livestock within the meaning of Section 2(1)(d) of the Consumer Protection Act." The Bench then decided on whether the jurisdiction of NCDRC is barred under sub-section of Section 6 of the MPID Act. Adv Deshpande contented that since the consumer forum is not a court; the provisions of Section 6(2) of the MPID Act are not applicable to such forum. He also submitted that the remedy provided before a consumer forum is a civil remedy in a case where the fraudulent default, as defined in MPID Act also constitutes deficiency in the services rendered by a service provider, whereas MPID Act provides for criminal prosecution and punishment of the persons indulging in such fraudulent defaults. "...the designated court constituted under the provisions of MPID Act has no power to grant compensation, which a consumer forum can grant in a case of deficiency in the services rendered to a consumer," Adv Deshpande pointed out. Accepting the contention, the Bench said, "Section 3 of the Consumer Protection Act provides that the provisions of the said Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. The MPID Act came to be enacted much later than enactment of the Consumer Protection Act. Despite that the Legislation in its wisdom used only the expression 'Court' and not the expression 'Court or any other forum' in sub-Section (2) of Section 6 of the said Act. In these circumstances, it would be difficult to say that the legislative intent behind the enactment of sub-Section (2) of the Section 6 was also to exclude the jurisdiction of the consumer forum in a case where fraudulent default on the part of the Financial Establishment also constitutes deficiency in the service rendered to a consumer. Therefore, in our view, for the purpose of the sub-Section (2) of Section 6 of the MPID Act, consumer forum cannot be said to be a 'court'." While disposing of the complaint, the apex consumer forum, then directed Shivaji Estate Livestock to refund to investors, money deposited in different schemes along with an interest of 9% from the date of filing complaint. Read More: Investors, depositors have right to seek compensation in financial fraud - Moneylife
  9. Right to Information (RTI), borne out of the need to shake officialdom out of its lethargy has taken a bumpy road, with complaints and counter-complaints aplenty. There had been allegations about officials not giving the required information within the given deadline, or about many frivolous and unnecessary RTI petitions. Read more at: RTI climbs a notch higher, compensation claims go up | The Indian Express
  10. CIC has granted a compensation of Rs 25,000 to a RTI applicant because the public authority did not provide him the exact date for paying interest: The Commission after hearing the submissions made while holding that adequate information has been furnished directs the Public Authority to compensate pay a sum of Rs. 25,000/- (Rupees twenty five thousand only) to the Appellant u/s 19(8)(b) of the RTI Act for the delay in communicating the exact date of payment of interest to the Appellant. The amount should be paid to the Appellant within three weeks of receipt of this order. Full order is attached to this post. Compensation Rs 25000.pdf
  11. Hello, how the PIO / AA has to pay the compensation to the applicant under Sec 19 (8) (b), i mean from their own salary
  12. Info panel gives Rs 5 lakh compensation to RTI applicant The state information commission (SIC) has awarded a compensation of a whopping Rs5 lakh to a right to information applicant. The compensation is to be paid by Maharashtra State Electricity Distribution Company Limited (MSEDCL) to Ambernath resident, Nitin Desai for the harassment meted out to him while providing information to him. The amount is highest ever compensation given to an individual in the state as of now. Earlier a compensation of rupees one lakh was given to a charitable trust by state chief information commission. In 2013, it became the highest ever compensation to be given till date. The Rs5 lakh compensation order was delivered on October 30 by state information commissioner (Konkan bench), Thanksi Thekkekara. The compensation was awarded after the applicant was first denied information and then given some misleading information. Desai had sought information on transformer installed on his land. Around 300 sq ft of land was taken up to install the transformer and it could not be used. Desai sought information about the permission. The information was sought in 2012. However, MSEDCL's public information officer (PIO) did not provide any information. During the hearing, the PIO stated that verbal permission was taken from the applicant before using the land. The commissioner stated, as per rules, provision for verbal permission did not exist at all. During the hearing, a show cause notice was served on the PIO asking why a compensation of Rs20 lakh should not be provided to the applicant. During the hearing, the commission was of the view that Rs5 lakh compensation should be provided by public authority from its expenses and a report of the same should be given to the commission by December 1, 2014. A fine of Rs25,000 was also imposed on the PIO. When dna contacted Desai, he was not available for comment. "Awarding compensation is okay. But at the end of the day it is the tax payers money which will be used for paying it. The amount should be recovered from the employee concerned. Otherwise it will be recovered from us and will not affect him," said Vivek Velankar, an RTI activist. Read More: Info panel gives Rs 5 lakh compensation to RTI applicant | Latest News & Updates at Daily News & Analysis
  13. Attached is an order of the Maharashtra SIC ordering a compensation of Rs 5 Lakhs to a appellant. The order is in Marathi language. No English or Hindi translation is available at the moment. If any Marathi speaking member can help and translate the order and post it here in this thread - it will be of great help to members. RTI SIC Info panel gives Rs 5 lakh compensation to RTI applicant- Nitin Desai. (1).pdf
  14. In the following order, CIC has withdrawn compensation because all information has been supplied. http://www.rti.india.gov.in/cic_decisions/CIC_DS_A_2013_001250-SA_T_135122.pdf FACTS: 2. The Commission vide its order dated 652014, had directed the Public Authority to pay a token compensation of Rs.5,000/to the appellant for the loss suffered by him because of nonsupply of information by the Public Authority, who could not trace the file. DECISION: 3. During the hearing today, the respondent authority submitted that the information was supplied to the appellant, after tracing the missing file. Hence they appealed to review the order of awarding token compensation of Rs.5,000/- against them. Since the information sought was given to the appellant and the file was traced, the matter of awarding compensation to the appellant does not arise. They have also shown to the Commission, the original paper in which the appellant opted out of the pension. This was the paper which was claimed to have been missing earlier and based on this, the entire information litigation was continuing for the last several years from the days of the former Information Commissioner, Shri A.N.Tiwari. The appellant has filed multiple applications and a lot of valuable time of the Commission and the Public Authority was spent on these RTI applications. The appellant had opted out of pension on 111.1993 and now insisting on pension. The respondent authority has tried their best to trace the file of the original documents. The Commission had ordered compensation earlier as the original document, wherein the appellant opted out of pension, was not shown to the Commission. All the relevant copies of the papers were furnished to the appellant, but still he is not satisfied. He claims that it is not the original and something else is also there. The Commission observes that all possible information and documents were given to him and the appellant was not entitled to pension, based on the documents which bear his signatures. There was no loss suffered by him, because the entire information was furnished. Hence the Commission withdraws its earlier order of awarding compensation to the appellant and holds that the respondent authority have furnished all the information sought by the appellant. No paper or file is pending with them to be given to the appellant. Hence they need not pay any compensation to the appellant. 4. The Commission also intends to put an end to this longdrawn information litigation, with the issue of this order. Any further applications on this subject by the appellant have to be closed then and there itself, at the level of PIO, giving reference to this order, so that the multiplicity of litigation on this subject is not encouraged. The matter is closed. (M. Sridhar Acharyulu) Information Commissioner
  15. This is for the information of the members that the s 19(8)(b) is very powerfull section for the CIC/SIC to award compensation. The CIC on 13th jan 2010 had awrded a compensation of RS. 1,00,000/=(ONE LAKH RUPEES). For details read the attachment. One_lakh_compensation_CIC_MA-13012010-01.pdf
  16. Central Information Commission (CIC) withdrew its earlier order of awarding compensation to the appellant since the file was traced and information sought was given to the appellant, therefore, the matter of awarding compensation to the appellant does not arise. CIC ordered that "they need not pay any compensation to the appellant". PIO, DTC, Delhi has appealed to review the order of awarding token compensation of Rs.5,000/­ against them to CIC. DTC said that the information was supplied to the appellant now, after tracing the missing file. There was no loss suffered by him, because the entire information was furnished. If you want to file RTI online, visit this article for a comprehensive guide: RTI Online) The entire information litigation was continuing for the last several years from the days of the former Information Commissioner, Shri A.N.Tiwari. The appellant has filed multiple applications and a lot of valuable time of the Commission and the Public Authority was spent on these RTI applications. The appellant had opted out of pension and was insisting on pension. The Commission had ordered compensation earlier as the original document, wherein the appellant opted out of pension, was not shown to the Commission. Compensation withdrawn from PIO on tracing the file CIC further ordered to put an end to this long­drawn information litigation, with the issue of this order: "Any further applications on this subject by the appellant have to be closed then and there itself, at the level of PIO, giving reference to this order, so that the multiplicity of litigation on this subject is not encouraged." Case Citation: Mr. Satdev Sharma Vs. DTC , Delhi File No:File No.CIC/DS/A/2013/001250­SA dated 09-07-2014 You can discuss this decision at our forum here! This is an extract of the decision available on the CIC public website, and is meant for generating interest in our readers only. For the true detailed and authentic copy you must download the decision from the CIC website!
  17. I am attaching copy of judgement dated 08-08-2010 where in Hon'ble High Court of Delhi has upheld compensation of Rs.5000 for delay in deciding first appeal, awarded by CIC. Please refer: http://cic.gov.in/HC-Rulings/UOI-Vs-SunitaDahat.pdf FAA PULLED COMPENSATION FOR DELAY IN FA DIS 180810.pdf
  18. As per post office norms, if dept of posts, fails to deliver your registered letter or article or if finds the same is lost in transit, its liable to pay only Rs 100 to sender towards compensation.
  19. This article has been posted at our Law segment. To read the full article follow this link: Guest Teacher gets 125% more of his remuneration*by RTI as compensation for delay A senior citizen was made to wait for three years to get his due remuneration of working as Guest teacher in a school. When confronted by Central Information Commission, Dte of Education agreed that the Guest teacher was entitled for… Read more › The law segment is available here RTI INDIA Read the complete article here...
  20. Dear Members, Please see the recent judgement that the honorable IC has given and mentioned the use of the "law of torts". It is very important to use this judgement when faced with an issue as to how to put a "monetary value" to "harassment" and then frame a compensation request where the IC would understand the true detriment that the appellant has faced. Great judgement to quote in all cases where the applicant has claimed "compensation due to the non-diligence" of the PIO or the concerned officer. Regards CIC_AD_A_2012_003864-SA_M_127725_law of torts compensation.pdf
  21. Recently a severe power surge occurred in Hyderabad Lingampally area at the midnight. It damaged AC, Air cooler, Laptop charger in my friends flat and few more in their owners house. Can we file complaint on apcentralpower board in consumer court to get compensation for the damage?
  22. Dear Members, Kindly see the following ruling that says that the application under the life and liberty clause may be used for "ration card applications". The honorable IC has also ordered "compensation" in this case. A great example of the "collective" effort of rti and its application in daily life. CIC_AD_A_2012_003136_M_128532_ration card_life and liberty.pdf
  23. Chief Information Commissioner, Maharashtra, has ordered Bombay Municipal Corp for payment of compensation of Rs. 50000 to RTI applicant Shri Nandu Kapadia for delay in supplying information. In addition, PIO has been ordered to explain delay or face penalty of Rs.25000/-. Please visit: http://timesofindia.indiatimes.com/city/mumbai/No-RTI-reply-BMC-to-pay-Rs-50000-to-South-Mumbai-man/articleshow/33144070.cms
  24. Dear members (1). An appeal u/s 19(3) allowed and penalty(u/s 20(1) ) recovered and compensation( u/s 19(8)(b) ) was also paid. (2). The PIO had not complied the directions of the commission to furnish the information within 30 days. (3). For non-compliance of furnishing information disciplinary action u/s 20(2) recommended. (4). The appeal pending for compliance report to be filed by the authority and furnishing of information. (5). The PIO influential and so disciplinary action recommended not implemented and information sought is not yet issued by PIO. (6). What steps the RTI applicant should follow, now? as information not yet issued. (7). What is the procedure left for commissioner to ensure compliance of his recommendation of disciplinary action. Please post any Hon'ble High court /Supreme court decisions or the steps taken by any other SIC/CIC in such circumstances the learned members had come across.
  25. Came across these two strange orders of the APSIC - from two different ICs. In both cases, the ICs have relied on the definition of "compensation" and ordered the public authority to provide jobs to the appellants ! Can members opine whether is is legally valid or not ? In earlier cases (I think one in Haryana and the other in Gujarat), two different HC's struck down orders of ICs where one had ordered the giving of a House site and the other had ordered compassionate appointment. Job as Compensation 2.pdf Job as Compensation 1.pdf
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