DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA (PUNJAB)
CC No. 354 of 25 -07-2011 Decided on : 25-07-2011
Sub Baldev Singh Joshi, Street No. 2, Baba Farid Nagar, Bathinda.
.... Complainant Versus The DEO, Bathinda. ..... Opposite party
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM Ms. Vikramjit Kaur Soni, President Ms.Sukhwinder Kaur, Member
For the Complainant : Complainant in person For the Opposite party : Not summoned
O R D E R
VIKRAMJIT KAUR SONI, PRESIDENT
The instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended upto date (here-in-after referred to as 'Act'). In brief, the case of the complainant is that he sought some information under “Right To Information Act, 2005, from the opposite party on 25-04-2011, but the opposite party has not supplied the said information to him till date. The DEO (Bathinda) should have collected the details and sent to the undersigned whereas the DEO asked the concerned Principals to send the information direct to me. The second information which was sought from Principal of Senior Secondary School, Bohkda (Bathinda) has also not been supplied to him. The complainant alleged that the DEO has hand in gloves with the Principals and does not want to supply the information. Hence he has filed the present complaint. We have have gone through the entire record placed on file and gave preliminary hearing to the complainant. The present complaint has been filed by the complainant against D.E.O. Bathinda, for not providing information under Right To Information Act, 2005. The Right To Information Act, is :- “An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.” Section 19, 22 and 23 of “The Right to Information Act, 2005” are relevant to the present complaint which are reproduced hereunder “- “19 Appeal (1) Any person who does not receive a decision within the time specified in sub-section (1) or clause (a) of sub-section (3) of Section 7, or is aggrieved by a decision of the Central Public Information Officer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such officer who is senior in rank to the Central Public Information or State Public Information Officer as the case may be, in each public authority.” “22. Act to have overriding effect – The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.” “23. Bar of Jurisdiction of Courts – No court shall entertain any suit, applications or other proceedings in respect of any order may under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.” Thus, keeping in view the record placed on file by the complainant and the aforesaid provisions/Sections of Right To Information Act, 2005, this Forum is of the view that the remedy lies with the complainant is to file his appeal before appellate authority under the Right to Information Act, 2005 and not to file complaint before this Forum under Consumer Protection Act, 1986. Moreover, the complaint before this Forum is not maintainable as the fee, if any, paid by the complainant to Public Information Officer under the Right to Information Act, 2005, is a statutory fee and cannot be considered as fee/money paid for hiring the services for the consideration under the Consumer Protection Act, 1986. Hence, this complaint is not maintainable and is hereby dismissed in limine. A copy of this order be sent to the complainant free of cost and the file be consigned to record.
Pronounced 25-07-2011 (Vikramjit Kaur Soni) President (Sukhwinder Kaur)
Member |
