DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALWAL
Consumer Complaint No. 143 of 2014
Date of Institution: 08.12.2014
Date of Decision : 11.03.2015
Chottu Ram son of Sh. Dharambir, resident of village Nangla Bhiku, Tehsi & District Palwal.
.. Complainant
Versus
Public Information Officer-cum- Sarpanch Gram Panchyat Nangla Bhiku, Block Prithla, Tehsil & District Palwal.
..Respondent
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT
BEFORE: JAGBIR SINGH: PRESIDENT
KHUSHWINDER KAUR: MEMBER
R. S. DHARIWAL: MEMBER
PRESENT: Sh.D.S.Rawat, Advocate for the complainant.
ORDER:
Present complaint was filed before this Forum on 08.12.2014 against opposite party for not providing the information under the RTI Act.
The case is still pending before this Forum and is fixed for 11.03.2015.
In the light of the judgment passed by Hon’ble National Commission in case titled as Sanjay Kumar Mishra Vs Public Information Officer (PIO) & Others decided on 8.1.2015 in Revision No. 3146 of 2012 of 2015 (1) CLT page 259. The jurisdiction of the Consumer Fora to intervene in the matters arising out of provisions of
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the RTI Act is barred by necessary implication and also under the provision of Section 23 of the said Act. Consequently, no complaint by a person alleging deficiency in the services rendered by CPIO/PIO is maintainable before a Consumer Forum. As RTI Act is a complete code in itself which provides adequate remedy to the persons aggrieved by the decisions/actions/omissions or the conduct of PIOS and applicant seeking information under RTI Act is not a Consumer.
Resultantly, this Forum has no jurisdiction to intervene in the matters arising out of the provisions of RTI Act. Hence this complaint in hand is dismissed. However, parties will be at liberty to seek remedy or relief if any from any other com
petent Court of Law. File be consigned to the record room.
Announced on:11.03.2015 (JAGBIR SINGH)
President
District Consumer Disputes Redressal Forum, Palwal.
(KHUSHWINDER KAUR)
Member
District Consumer Disputes Redressal Forum, Palwal.
(R. S. DHARIWAL)
Member
District Consumer Disputes Redressal Forum, Palwal.