IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> <br /> CC 402/09 DATED 06.11.2009<br /> ORDER<br /> <br /> Complainant H.P. Vishakanta S/o late Puttaraju, R/at No.377, 1st Floor, Chamaraja Double Road, Chamaraja Mohalla, Mysore.<br /> <br /> (By Sri. G.P. Chandrashekar, Advocate)<br /> <br /> Vs. <br /> Opposite Parties Information Officer/Spl. Land Acquisition Officer, K.I.A.D.B, K.R.S. Road, Metagalli Post, Mysore.<br /> <br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 31.10.2009<br /> Date of appearance of O.P. : <br /> Date of order : 06.11.2009<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> ORDER REGARDING MAINTAINABILITY OF THE COMPLAINT.<br /> <br /> The complainant has filed the complaint seeking a direction to the opposite party to furnish information sought by him and also to pay damages and cost of the proceedings.<br /> <br /> 2. Considering the facts alleged in the complaint and the material on record, we heard the complainant regarding maintainability of the complaint. Also we have perused the records.<br /> <br /> 3. Now, we have to consider whether the complaint is maintainable?<br /> <br /> 4. For the following reasons our finding is in negative.<br /> <br /> <br /> REASONS<br /> <br /> 5. In the cause title of the complaint, the opposite party is the Information Officer, KIADB, KRS Road, Mysore. As alleged by the complainant seeking certain information, the complainant had filed a petition in the prescribed form and it is claimed that information has not been furnished. Hence, deficiency in service is alleged.<br /> <br /> 6. At this stage, we do not intend to consider the merits of the case. As noted above, the opposite party is the Information Officer, KIADB, Mysore. The copy of the form No:A is produced. In the 5th column the information was sought from the special/ and acquisition officer. As could be seen from the Act and the Rules, information has to be sought from the information officer and not from the particular officer or the office. As could be seen from the notice that the complainant had sent, it was addressed to land acquisition officer and not to the information officer.<br /> <br /> 7. Under the Act and the Rules, head of the office need not be the information officer. As per the Act and the Rules, some person may be notified or appointed as information officer. Said person need not be the head of the office. In the case on hand, nothing is on record, as to who is the information officer notified or appointed.<br /> <br /> 8. The learned complainant submitted that information was sought from the information officer. But firstly, to substantiate that fact there is no evidence on record and secondly, as noted here before information was sought not from the information officer. Even if information officer and the land acquisition officer are one and the same, law requires, from the information officer only information can be obtained.<br /> <br /> 9. Also it is relevant to note that, even assuming that deficiency in service is proved by the complainant and an order is passed directing the opposite party to furnish the information, at the time of execution and compliance of the order, technical hurdle may arise.<br /> <br /> 10. For the reasons noted above, we are of the opinion that, the present complaint is not maintainable. Accordingly, following order.<br /> <br /> <br /> ORDER<br /> <br /> 1. The Complaint is dismissed as not maintainable.<br /> 2. However, it is observed that the complainant is at liberty to file a fresh complaint in accordance with law following the procedure, in the light of the observations made in the order.<br /> <br /> 3. Give a copy of this order to the complainant according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 6th November 2009)<br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar. J)<br /> Member<br /> <br />