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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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Consumer Complaint nos: 163/2011, 164/2011 are dismissed in Jan-2011.

 

Currently Consumer Complaint no: 170/2011 is in pending for disposal and I met the complianant and gave the arguments that I have posted in this topic. The complainant will argue the matter and I will update you on the status.

 

Post the decisions in this thread.

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Some one should draw attention of Shri Sanjay Kumar Mishra, the complainant in consumer forum to this link so that he can argue his case properly. This is a vital input which even some advocates may not be knowing on this issue. I tried facebook to locate him, but there are many such persons with this name.

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Hi,

 

On request of some forum people herewith posting the arguments that could be used to support the admission of Consumer complaint in Consumer Foram.

 

Also herewith attaching the document that give the way to defend the deficiency of service with citations of Hon'ble Supreme Court and CIC and other ICs.

 

Please may give more information to enrich these documents. The present documents are not prepared by the Lawyer and are prepared by a Nuclear Scientist with his limited knowledge. Request others, especially Lawers to enrich this documents.

 

Thank you.

Deficiency of service explanation.doc

Arguments Submission for CC admission.doc

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Hi All,

 

The deficiency of service is desribed with respect to my RTI application and the reply of OP (Opposite Party) ... Every case has its own grounds that need to prepare. The above grounds may be used if those are appropriate.

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Now the NCDRC passed an order by saying that RTI applicant is not a consumer and also said that CP Act is not applicable and also No Reasons are part of the NCDRC decision and the decision is affecting many RTI applicants throughout India and the RTI applicants are affected such that they wont get the remedy for the dammages that they were subjected due to the serious negligence of the PIO/PA.

 

In this case RTI applicant that is looking for the relief from Consumer Court is afected by the decision of the NCDRC.

 

In this ground RTI applicant that look forward to make compliant before Consumer Foram shall have right to get information from NCDRC about the reasons that support the decision being those are not explicitely not disclosed volunterialy.

 

Some may say that the only person affected by the NCDRC person is that the appelant.... this arguments won't stand on the ground that the DCDRFs taken the reference of this decision and dimissed many Compliants preferred by the RTI applicants.

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Now the NCDRC passed an order by saying that RTI applicant is not a consumer and also said that CP Act is not applicable and also No Reasons are part of the NCDRC decision and the decision is affecting many RTI applicants throughout India and the RTI applicants are affected such that they wont get the remedy for the dammages that they were subjected due to the serious negligence of the PIO/PA.

 

In this case RTI applicant that is looking for the relief from Consumer Court is afected by the decision of the NCDRC.

 

In this ground RTI applicant that look forward to make compliant before Consumer Foram shall have right to get information from NCDRC about the reasons that support the decision being those are not explicitely not disclosed volunterialy.

 

Some may say that the only person affected by the NCDRC person is that the appelant.... this arguments won't stand on the ground that the DCDRFs taken the reference of this decision and dimissed many Compliants preferred by the RTI applicants.

 

Post demerged from another thread and merged into this one !

 

Please restrict the posts in a thread to the original subject/title of the thread. Do not make irrelevant posts on other threads.

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Dear Karira,

 

I was giving an example of Decision without reasons and also the people that comes under affected catogory .... these were relevant to section 4(1)(d) of RTI Act, hence my post was in another thread.... could you please move the above post to original threat please.

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Hi All,

 

I have spoken with the RTI applicant who made a complaint before consumer foram and I got below information:

 

The grounds that the IC has taken while approaching the High Court of P&H are as follows:

 

1. RTI Act is special Act and special act prevails over the general act.

 

2. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder

 

3. No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

 

4. Section 19 and 20 covers the remedies that the RTI applicant needed hence there is not need to entertain the compliant by the consumer form that are arised from RTI application.

 

I request the forum members to serach for Supreme Court citations to counter these grounds....

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My counter points are as follows:

 

1. Counsumer foram is not a court as decided by Supreme Court hence section 21 of RTI Act is not applicable.

 

2. U/s 19 and 20 no conpensation provision through which the RTI applicant can be compensated for deficiency of service of PIO/PA.

 

3. Even in the circumstances that the RTI applicant get compensation from IC the additional compensation could be received from Consumer Foram under section 3 of CP Act.

 

4. The penalty under RTI Act is only Rs. 250 per day whereas no such limitation is in the CP Act.

 

5. Considering the above under RTI Act the remedies are limited whereas under the RTI Act the remedies are much more under single Act hence approaching the consumer foram is single point solution to the RTI applicant insted of approaching the multiple forams to get total relief.

 

6. No wehre it is said that RTI Act is a special Act over the Consumer Act and also under the RTI Act the RTI applicant can not get the remedies considering that the RTI applicant is a consumer hence Consumer Act is more wider in nature and is a Special Act compared to the RTI Act.

 

Others may give thier points in point wise so that others may make comments referring it.

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Method-1:

 

File an RTI application to the PIO of DCDRF/SCDRF/NCDRF seeking the information whether the RTI applicant, who paid Rs.10/-, is a consumer under the Consumer Act or not. Now possible reply is NO. File a complaint before SIC/CIC saying that PIO replied with false information. Then the most probable decision of the IC would be that Consumer Foram decision is right. Now challenge this SIC/CIC order in High Court or Supreme Court to resolve the issue.

 

 

Method-2:

 

File an application to the CIC/SIC seeking the information whether the SIC/CIC has power to award the compensation more than Rs.25,000/- to the RTI applicant for deficiency of service of the PIO/PA. If we get reply is NO then this information could be used with Consumer Foram to get relief.

 

Other methods may be explored with other forum members ....

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EXTRACTED FROM:

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

 

DATED: 31/10/2011

 

W.P.(MD)No.9139 of 2011

 

W.P.(MD)Nos.9140 to 9146 of 2011

and

M.P.(MD)Nos.1,1,1,1,1,1,1,1,2,2,2,2,2,2,2&2 of 2011

 

W.P.(MD)No.9139 of 2011:

________________________________________________________________

 

Decision of the Supreme Court in Om Prakash Saini V. DCM Limited reported in 2010(11) SCC 622.

 

In paragraphs 12 to 14 it was observed as follows:

 

"12. Any person aggrieved by an order passed by the District Forum can file an appeal before the State Commission. If he is not satisfied with the order of the State Commission, a further remedy is available by way of revision before the National Commission. If the complaint is decided by the State Commission, the aggrieved person can file an appeal before the National Commission. Elaborate procedure has been laid down for filing of the complaints and disposal thereof. Since the 1986 Act is a special statute enacted by Parliament for better protection of the interest of consumers and a wholesome mechanism has been put in place for adjudication of consumer disputes, the remedy of appeal available to a person aggrieved by an order of the State Commission cannot but be treated as an effective alternative remedy.

13. Admittedly, Respondent 1 had availed the alternative remedy available to it under Section 21 by filing an appeal against the order of the State Commission. During the pendency of the appeal, Respondent 1 chose to challenge the order of the State Commission by filing a petition under Article 227 of the Constitution, which was entertained by the learned Single Judge on the basis of the assurance given by the learned counsel that the appeal filed before the National Commission will be withdrawn. The order passed by the learned Single Judge on 21-3-2007 or the one by which the petition filed by Respondent 1 was finally disposed of does not contain any indication as to why the learned Single Judge thought it proper to make a departure from the rule that the High Court will not entertain a petition under Article 226 or 227 of the Constitution if an effective alternative remedy is available to the aggrieved person".[emphasis added]

 

Thus RTI and CPA are both special acts enacted for special purpose.

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In my post asking information regarding the CP act applicability to the RTI applicant is not a opinion. It is the innformation about the law postition. Without this information the Consumer Foram can not perform its duties.

 

If this information is asked from IC then it could be opinion becasue its not related IC function.

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What is the present status about getting RTI

relief through CP Act?Are DCF entertaining RTI compliants now?pls provide the latest development in this regard.

 

Dear Member

 

Please read: http://www.rtiindia.org/forum/67875-rti-question-rti-applicant-consumer.html and also go through the earlier discussion in this thread.

 

regards

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The review decision is not fake, even APIC has dismissed such cases even after four hearings citing that particular judgement, and no District Consumer Forum is accepting complaints on RTI

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It is very sad that the National consumer disputes redressal commission has held that the RTI applicant is not consumer whereas in earlier judgment, the National consumer has held the applicant is consumer in which detailed arguments have been advanced. Section 3 of the consumer protection act gives an additional remedy.

 

The national commission has given another judgment regarding RTI in RP No. 1494/2011 Dt. 01-02-2012 but I have not the copy of this judgment. xxx@yyy.zzz - Deleted email id - posting against forum rules

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Hi Here is the order of this case: But the petitioner did not appeal in court ...

 

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

 

 

REVISION PETITION NO. 1494 OF 2011

 

(Against the Order dated 28/02/2011 in Appeal No. 2996/2010 of the State Commission Karnataka)

1. N. DEEPAK KUMAR

Ashoka Road

Mysore - 570001

Karnataka

...........Petitioner(s)

Versus

1. PUBLIC INFORMATION OFFICER, REGIONAL OFFICE KARNATAKA STATE POLLUTION CONTROL BOARD

Regional Office Karnataka State, Pollution Control Board, Metagally

Mysore - 570016

Karnataka

...........Respondent(s)

 

BEFORE:

HON'BLE MR. JUSTICE V. B. GUPTA, PRESIDING MEMBER

HON'BLE MR. VINAY KUMAR, MEMBER

 

For the Petitioner : nemo

 

For the Respondent : NEMO

 

Dated : 01 Feb 2012ORDER

The matter was passed over. On the second call also none is present on behalf of the petitioner. Petitioner has been duly served by Regd. AD post for today but there is no appearance on his behalf. Prior to that, on that last date of hearing, i.e. on 26.8.2011 none was present on behalf of the petitioner. Since the petitioner is not appearing consecutively for two dates of hearing, the petition is hereby dismissed in default.

 

 

 

......................J

V. B. GUPTA

PRESIDING MEMBER

......................

VINAY KUMAR

MEMBER

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Here is the link to serach for order....

 

Home Page Top

 

Select: NCDRC and type case number as : RP/4061/2010 and click on view history/orders then see the final order...

 

Thanks....

 

Link:

 

Home Page Top

 

this is reproduction of post #2 by Sh. Munirathnam.pavuluri in present thread . The link leads to a webpage which shows one Order referred to as REVISION PETITION NO. 4061 OF 2010 (Against the Order dated 14/09/2010 in Appeal No. 1163/2010 of the State Commission Karnataka) by NCDRC .

 

I would request Sh. Munirathnam.pavuluri to kindly explain how he reached the given link originally [ other than clicking on this link provided in the reproduced post ] . This may be considered important.

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