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IS RTI applicant a consumer as defined under Consumer Protection Act - See the details in this post.


munirathnam
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The next date for my complaint is 22/02/2012. The srutiny officer told me that the complaint is stilll not numbered and the President will verify my arguments to decide whether the RTI applicant is a consumer or not.

 

But I do not know why my complaint is not placed before the Precident early, I feel that after srutiny there is almost 30 days gap before president see the file.

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National Consumer Disputes Redressal Commission, New Delhi had earlier had held the view in the case of Dr.S.P. Tirumal Rao Vs Muncipal Commissioner, Mysore City Muncipal Corporation pronounced on 28-5-2009 that RTI applicant is a consumer having paid the required fee and sought information which was not supplied to him which amounts to deficiency of service. The complainant is thus, a consumer vis-a-vis information sought on payment under the said Act.

It also declared that Section 3 of the CPA provides additional remedy in addition to the remedies provided under other Acts and it is not in derogation of any provisions of any law. The consumer fora has therefore, jurisdiction to entertain the complainant in respect of deficiency of service in the given facts especially when the information sought was not furnished. Even though, further remedy may be available to the applicant in case information not supplied in terms of RTI Act, yet there is no bar to approach the District Forum for defiency of service.

 

It is understood that in complete reversal of its earlier stand as above, the the National Commission has delivered another judgment in Sep 2011 in Revision Petition No.4061 of 2010, T. Pundalika Vs Revenue Department, Govt. of Karnataka stating that Complainant can not be claimed to be a consumer under consumer Protection Act. There is a remedy available to him to approach the Appellate Authority under Section 19 of the RTI Act, 2005.

Copy of the Judgement is attached herewith.

 

I request the members to express their opinion on this and what is the course of action in this regard? About 12 cases of mine are pending with Hyderabad District Forum. Please advise.

Radhakrishna

CF.pdf

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Dear All,

I wish to to know if there are conflicting judgements issued by two separate benches by the same judicial authorities, does the litigant get the benefit of the one that favours him or not. I think there are a number of SC judgments that allow the benefit to the litigant citizen in such situation. I seek learned members' opinion on this issue because now there are conflicting judgements which may detrimental to the interest of the RTI Applicants. Besides, Dr. SP Thirumala Rao had approached the district forum before filing the appeal if my knowledge is true. And the judgement cited by Munirathnam Sir is clearly ultra vires to the previous judgement and the chaos is created by two separate benches of the redressal forum which does not enjoy powers under Consumer Protection Act or even RTI Act to direct a complainant before it to avail of the other remedy available. What this bench has done is committing miscarriage of justice. By the way many thanks to Munirathanam Sir for bringing up such a healthy discussion. Since I am in the process of serving notices to certain public authorities, the discussion in this thread has made my process more crystal clear. Happy information seeking.

Ketan Modi

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I believe the mentioned Order in Revision Petition No.4061 of 2010, is a fake . Do not be unduly disturbed by it .

But the objections coming up on the jurisdiction of Consumer fora in RTI cases are certainly significant now .

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that is what has been told by few friends in the profession.

 

So who would be spreading such a rumour ? What would be his interest in making us all believe that there is such an order.

 

Can some member in Delhi file an RTI and get a certified copy of the order ?

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try finding the said Judgment at official site of NCDRC NCDRC

You will not be able to find it .

So where does the Link provided by a member in post #3 lead to ?

you can draw your inference !!

Bugs , moles and holes . Is it right !

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Dear Malhotra Sir,

 

I had obtained the judgement from NCDRC Website itself, there is link for Case Status/ Orders Home Page Top

 

in that link i had entered case no RP/4061/2010 and attached in post #37.

 

I didn't get your previous post i.e apply to NCDRC , please clarify

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What is the difference between Court and forum/tribunal.

 

This could be the point of issue in courts as for as RTI Act is concerned....?

 

If courts are not empowere to take up the issues then how could the Foram/Tribunal can take up the matters related to RTI applications.

 

My argument in this regard would be:

 

The relief under RTI Act shall be from Information Commission, which is limited by the provisions of the Act. Whereas the CP Act is wide in nature and more reliefs are present as for as the RTI applicant is a consumer, hence section 3 of RTI Act effectively comes into the picture.

 

The bar in the RTI Act is with respect to the Order made in RTI act with respec to supply of information. But do not say that claim against the deficiency of service is also barred, which is beyond the jurisdiction of RTI Act.

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