JUDGMENT

Sri A.K.Patra,President

1. The complainant as well as opposite parties are remaining absent on the date fix for hearing however in view of provision contended u/s 38(3) (c ) of C.P Act 2019 we have taken up  this complaint to decide on merit.
2. The facts of the complaint in brief is that,   Complainant has sought for certain information under RTI Act  from  the Opposite Parties but  the Opposite Parties  did not supplied the required information within the stipulated period of time for which  the complainant  presumed  malpractices by the Opposite Party.The  Opposite Party has not yet taken any action to supply the information. Hence, this complaint alleging deficiency of service on the part of Ops.
3. The complainant seeks for an order directing the Ops to pay Rs 100,000/- towards damage cost, Rs 30,000/- as Compensation towards mental agony and Rs 10,000/- towards litigation cost to the complainant.
4. On being notice, the Opposite Parties  appeared in person and  prayed for adjournment but failed to filed their  written version  in spite of several opportunities availed to file written version as such complaint averment remained unchallenged.
5. Complainant remaining absent on call on the date fixed for hearing. However, case record taken up to decide on merit as per Sec.38(3)( c) of C.P.act,2019.

No evidence as prescribed under Section 38 (6) of C.P.Act 2019 is filed by the complainant to substantiate his contention.Law is well settled that the complainant is to prove the allegation made against the Ops.

6. Perused the records and documents filed by the parties. We have given our thoughtful consideration upon the contention of both parties gathered from the respective pleading and documents placed on the record. 
7. Before discussing other facts and issues we feel it proper to decide the case on the point of maintainability of this complaint. The complainant has sought for certain information under RTI Act and due to non supply of information  by the Opposite Party he has presented this complaint before this Commission alleging deficiency in service on the part of the Ops .
8. The Consumer Protection Act 1986 as well as new C. P .Act 2019 is in addition but not in derogation of any other law, if the request under the RTI Act is not accepted by the Opposite Party after depositing  required fee for obtaining information,  the complainant could have preferred an appeal before the 1^st Appellate Authority and then 2^nd Appellate Authority as prescribed there under  the RTI Act but there is no such averment that the complainant  has deposited the required fee for obtaining  information  from the Opposite Party and that ,  the complainant could have preferred any  appeal before the Appellate authority as prescribed .  As such this complaint is not maintainable in the eye of law
9. Further we  may relied  upon the judgment passed by the Hon’ble National Commission in Sanjay Kumar Mishra Vr.Public Information Office dt.08.01.2015 in Revision Petition 3146/2012 where  it is held that (i) the person seeking information under the provisions of RTI Act cannot be said to be a consumer vis-vis the Public Authority concerned or CPIO/PIO nominated by it and (ii) the jurisdiction of the Consumer Fora/Commission to intervene in the matters arising out of the provisions of the RTI Act is barred by necessary implication as also under the provisions of Section 23 of the said Act. Consequently no complaint by a person alleging deficiency in the services rendered by the CPIO/PIO is maintainable before a Consumer Forum.
10. In view of the aforesaid finding and judgment of the NCDRC, New Delhi we are of the opinion that, this complaint petition is not maintainable under the Consumer Protection Act,2019 and hence dismissed. There shall be no order as to costs. Application pending if any is disposed of  accordingly .

Dictated and corrected by me.

        President

I agree

                   Member        

Pronounced in open Commission today on this 8^th day of June 2023 under the seal and signature of this Commission.

A copy of this order as per the statutory requirements , be supplied  to the parties free of cost and the judgment  be uploaded forthwith in the website of the Commission for the perusal of the parties or the parties may download the order from the website of this Commission/Confonet be treated as copy served to the parties.