drafting first appeal Rti response saying info not available under section 2(f)

[Peacethroughknowledge 0]

Greetings comrades,

i had made an rti to trai for providing me with my own incoming and missed call and message history from private cellular service provider Airtel. I am in an impression that if airtel has already refused my multiple requests to provide same information then trai will be a good option for me to obtain this info. So I sent rti application to TRAI office in Delhi. TRAI then transferred my application to ministry of telecommunications in Delhi, and ministry then transferred it to local state PIO in Gujarat. PIO HAS REPLIED IN THESE EXACT WORDS - " the requested information is not available with this office under section 2(f) of rti act 2005."

 

I WOULD LIKE TO MAKE A FIRST APPEAL IN ORDER TO PURSUE TRAI TO GET MY ACCOUNT INFORMATION FROM AIRTEL AS REQUESTED. Please help me to frame a counter argument that can get me a strong case. Also, requesting to provide me with sample first appeal sentences in my case if possible.

 

Many thanks and stay blessed!

vandan

[Prasad GLN 1,761]

The purpose of response after 20 months may not be relevant to your post but may guide some others who counters the same issue.

Private entities are beyond ambit of RTI Act.

Even subscribers under Private sector are covered under CP Act and not providing that information is deficiency of service.

One can seek information from the public authority that information that is provided to them by private entity as per process and it is not the duty of public authority to collect and collate information from private entities.

A public authority has to provide that information which is available in their records as material form.

TRAI may not be having your call details and out of courtesy TRAI might have sent your application.

Every digital record is preserved as per time frame fixed by their internal circulars.

Those records that are deleted / destructed as per Retention schedule is not information under 2 h.

Contact advocate, issue a legal notice under CP Act as there is limitation period of 2 years from date of denial of such information under CP Act . (You have paid consideration for services and demanding those records that belong to you)

Edited June 16, 2018 by Prasad GLN