Order below section 36(2) of Consumer Protection Act 2019 in CC/22/138
Per M.P.Kasar, Member
Heard Complainant in person. Perused Complaint filed by the complainant and document annexed along with complaint at the stage of admission of complaint below section 36(2) of CPAct.
It has been observed from the perusal of complaint that , complainant seeks statements,reports,reply’s,answers ,copies, documents as proof,evidence and all noting made in matters stated in respective complaints.It is alleged that,why no replys recived till date from said BMC authorities. We have noted that,various letters complainant filed is in the year 2021 on various dates.Himself complainant have annexed some reply’s in the complaint given by the officers of opposite party i.e.MCCG dated 12/10/21 information has been provided in regard redevelopment of property bearing FPN 888 & in regard BCC, etc.& time to time on 5/10/21 ,18/10/21,8/10/21 office opposite party 1 has replied to complainant.So we did not find any material in allegation of complainant that,no reply received till date from said BMC authorities.
We refer here one judgement passed by Hon’ble Central Information Commission in the case of Akhi Anil Mody v/s National Consumer Dispute Redressal Commission CPIO dated 19/8/20 in which it has been held that, ‘It is clear that, the information which is available on record with the respondent public authority can be provided to the RTI applicants. No further intervention of the commission is required in the matter’
.So opposite parties cannot be held liable in regard deficiency in services or opposite parties adopted unfair trade practices towards complainant as interpreted in section 35(1) of CP Act 2019 we are of the opinion that present complaint cannot be admitted against opposite parties below section 36(2) of CPAct 2019 at the admission stage.
ORDER
1)CC No.22/138 is hereby rejected against opposite parties below section 36(2) of Consumer Protection Act 2019
2)No order as to cost.
