Jump to content
advocate rajesh

counsumer forum issued notice to SSC for not supplying information

Recommended Posts

K C S Kutty

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

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
sidmis

Dear Adv. Rajesh,

 

Please elaborate more on this.

 

Sidmis

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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 .

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
advocate rajesh

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

Share this post


Link to post
Share on other sites
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).....

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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)

Share this post


Link to post
Share on other sites
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")

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
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.”

Share this post


Link to post
Share on other sites
jetley

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

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy