Punjab

Rupnagar

CC/22/139

Jaspreet Singh - Complainant(s)

Versus

Director (SE) Punjab - Opp.Party(s)

19 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, RUPNAGAR

Complaint Case No. 139 of 2022         

          Decided on : 19.07.2023

Jas Preet Singh aged about 66 years S/0 Shri Kalyan Singh resident of #246 A, New Shampura Colony, Near Shenai Palace, Village Shampura Tehsil and District Rupnagar.

..Complainant

Versus

1. Director (S.E.) Punjab, P.S.E.B. Complex , E Block ₅th Floor Phase 08, SAS  Nagar Mohali Tehsil and Distt.SAS Nagar.

……. Complainant

  2   District Education Officer(S.E.) Main Civil Secretariat Ropar                                                                                               ..….Opposite Parties (OP)

(Complaint under the provisions of Consumer Protection Act)

QUORUM:

SMT.RANVIR KAUR, MEMBER

SH. RAMESH KUMAR GUPTA ,MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant             :         Sh. Jaspreet Singh

For OPs                          :         Sh. Harpreet Singh On behalf of OPs

 

ORDER

PER  RANVIR KAUR, MEMBER

 

1. That the complainant made a complaint to the respondent on dated 27.8.2021 and 13.9.2021 to DEO (SE) Ropar and DPI SE Mohali on dated 28.6.2022 regarding supplying of documents  (Annexure A)  and the complainant has deposited  Rs. 100/- in the form of IPO No. 53H 501898 on dated 25.6.2022 and promised to pay double amount of all required public documents and ready to pay any other  fee for the same (Annexure 1)
2. That the complainant sought certified copies of the public documents regarding investigation under section 76 of the Indian evidence act.
   1.  Provide me certified copy of the public documents of complete inquiry file related to the complaints dated 27.8.2021 and 13.9.2021 and date of inquiry.
   2.  Mention the name of IO and order issued to him for the said inquiry by the competent authority . Supply me certified copy of this order which is public document.
   3. Supply me certified copy of memo letter issued to undersigned for inquiry ,if any, which is also a public document.
   4. Supply me certified copy of letter issued to respondents for inquiry ,supply me certified copy of these public documents.
   5. Supply me whole material gathered by DEO (SE) Ropar HMs and principals of various schools where the applicant had served as science Master and Punjabi Lecturer.
   6. Provide me certified copy of public document of action taken report by your office if any.
   7.  Supply me all the mater request within 10 days of the receipt of this application.
3.  That the complainant has not received any proper reply from the respondents till date of deposit extra fee for certified copies.
4.  That the facts and circumstances narrated in the complaint prima facie proves that there was a serious deficiency in service on the part of the  respondents in rendering proper service to the complainant  and officials of the parties acted negligently and carelessly in dealing with the case of the complainant.

 

The respondent No.2on behalf of OP No.1 submitted as under:-

 

1. That the present complaint is neither competent nor maintainable against the answering respondent and the same is liable to be dismissed with heavy costs.
2. That the answering respondent is govt. official and the provisions of consumer protection act are not applicable upon the answering respondent.
3. That the present complaint is filed with regard to the supplying of some documents which were    applied by the complainant . It is submitted that if the complainant is having any trouble, then he may approach  the appropriate authority , but the consumer court is not the appropriate authority  as per the laws applicable upon  the answering respondent.
4.  That the complainant can not seek the public documents from the answering respondent by   following the provisions of consumer protection act and the complainant is not a consumer as per the definition of Consumer Protection Act, hence the present complaint is liable to be dismissed with heavy costs.

 

1. We have heard the learned counsel for the contesting parties and have gone  through the record of the file carefully.
2. The pleadings of both the parties  and the arguments addressed by them reveals that earlier on the same issue ,the complainant  has gone up to State Information Commission(PB) who vide its judgment dated 28.07.2017 in its operative part has held as under :-

“  The commission finds that it is its duty to see that such blatant  misuse of RTI act should not be allowed further and such a situation needs to be appropriately dealt with to secure faith of the public in this ‘sun shine Act’ and remove obstacles in the functioning of the public authorities which would eventually  prevent public authorities  form focusing on transparency . The appellant’s act of running riot with filing repeated applications seeking inane and voluminous information has become counter-productive of public interest, which cannot be allowed. I see his act as a misuse rather abuse of the RTI Act with unsavory motives.

Hence, the commission allows  the Public Authorities in the Department of Education ,in general, and the principal ,Government Girls Senior Secondary School Ropar, in particular , to ignore his RTI Applications in future, So he is hereby debarred from seeking information from the Public authorities  of Education Department, Punjab.

A copy of each of the order is forwarded to Principal Secretary Higher Education ,Punjab ;  Principal Secretary Education  ,Punjab; D.P.I (Colleges) Punjab ; D.P.I (Schools) Punjab and D.P.I (Elementary ) Punjab, to issue necessary instructions in the regard to all concerned.

A copy of the order is also forwarded to  Deputy Registrar ,Punjab State Information Commission ,Chandigarh to ensure the compliance of the order.”

3. Now the appreciation of the facts of the case discloses that the remedies of the complainant lies under RTI, which he has availed up to State Information  Commission as above. Further careful appraisal of the facts of the complainant does not come in the purview of the definition of the consumer  and after getting the adverse remarks by the State Information Commission , he has tried to misuse the process of the law by filing the present complaint before this forum, which is rather condemnable.
4. As per the submission in the subsequent para above, Keeping in view of the facts and circumstances we hereby ordered as under :-

 

1. In the light of aforesaid discussion, if the complainant was not satisfied with the order of State  Information Commission, proper course for him was to challenge the same under due process of law and not by way of complaint before this Forum.
2. Consequently this complaint is hereby dismissed being devoid of any merit. It is pertinent to mention here that Consumer Protection Act 2019 is a benevolent legislation enacted to help the consumer hence no order to cost.
3. Copies of the order be supplied to the parties free of costs.
4. File be indexed and consigned to the record room.
5.  
6.  

 

                                                      

 

              

                                             ( Ramesh Kumar Gupta)                                                                 (Ranvir Kaur)

                                                    Member                                                                                          Member

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