BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Wednesday the 29th day of February, 2012
C.C.No.129/2011
Between:
M.Giri, S/o Ramaiah, Buddhist, Co-Ordinator,Sravathi Human Rights Organisation,
C/o H.No.45-185/20 F, Narasimha Reddy Nagar, Kurnool- 518 004.
…Complainant
-Vs-
P.Manohar Rao,S/o P.Bramhaiah, The Public Information Officer (P.I.O) and Sub-Divisional Police Officer (S.D.P.O),O/o Sub-Divisional Police Office, Kurnool - 518 001,
R/o H.No.14/258, Gouli Geri,Kurnool - 518 001.
...Opposite ParTy
This complaint is coming on this day for orders in the presence of Sri In Person for complainant and Sri Ch.Joga Rao, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No. 129/2011
1. This complaint is filed under section 13 of C. P. Act, 1986 Praying to direct the opposite party:-
- To furnish the required information to the complainant;
- To grant a sum of Rs.50,000/- towards mental agony;
- To grant the cost of the complainant;
And
- To grant any such other relief as the Honourable Forum deems to be fit and proper in the circumstances of the case, in the interest of justice.
2. The case of the complainant in brief is as under:- On 29-06-2011 the complainant requested the opposite party to furnish some information pertaining to S.C., S.T. Cases. The complainant did not receive any information from the opposite party. The opposite party is bound to supply information as required by the complainant. The complainant preferred an Appeal to the Appellate Authority under Rule 19(3) of the R.T.I. Act, 2005. The Appellate Authority by its order dated 16-07-2011 directed the opposite party to furnish the information to the complainant. But the opposite party did not furnish any information to the complainant. The information sought by the complainant is very much necessary and essential. Due to negligent attitude of the opposite party the complainant suffered lot of mental agony. Hence the complaint.
3. Opposite party filed counter stating that the complaint is not maintainable. The complainant made an application without specifying the particulars of the information sought. The information asked by the complainant is vague. No specific period regarding the information is mentioned in the application. The requisite application fee is not paid by the complainant. There is no cause of action to the complainant. There is no negligence or deficiency of service on the part of the opposite party. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A3 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite party Ex.B1 to B3 are marked and sworn affidavit of the opposite party is filed.
5. Complainant not filed written arguments. Opposite party filed written arguments.
6. Now the points that arise for consideration are:
- Whether the complaint is maintainable?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii :- Admittedly the complainant made an application to the opposite party seeking some information under R.T.I. Act, 2005. As the opposite party failed to furnish the said information the complainant preferred an Appeal to the Appellate Authority. Ex.A1 is the copy of the application made by the complainant to the opposite party. Ex.A2 is the copy of the appeal made by the complainant. The Appellate Authority directed the opposite party under Ex.A3 to furnish the information sought by the complainant. The opposite party failed to comply the direction of the Appellate Authority. The complainant preferred this complaint as the opposite party did not comply directions of the Appellate Authority.
8. It is the contention of the opposite party that the complainant did not pay the required application fee and that the information asked by the complainant is vague and not specific. It is further contention of the opposite party that the present complaint is not maintainable. Admittedly the complainant did not mention in his application the specific information sought. In the Revision Petition No.4061/2010 [T.Pundlika –Vs- Revenue Department (Service Division) Government of Karnataka] the National Commission held that the petitioner under R.T.I. Act, 2005 cannot be claimed to be a Consumer under the Consumers Protection Act, 2005. In view of the decision cited above it can be said that the complainant herein is not a Consumer as defined under section 2 (1) (d) of the C.P. Act. The present complainant who sought information under R.T.I. Act cannot be termed as a Consumer under section 2 (1) (d) of the C.P. Act, and the present complaint filed by the complainant is not maintainable. The complainant is not entitled for any relief.
9. In the result, the complaint is dismissed without costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 29th day of February, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite party: Nill
List of exhibits marked for the complainant:-
Ex.A1 Office copy of the application made by the complainant to
the opposite party dated 29-06-2011.
Ex.A2. Office copy of the Appeal made by the complainant to the
Appellate Authority cum S.D.O., Kurnool
dated 09-07-2011.
Ex.A3 Memorandum C.No.65/G-2/RTI/2011 issued by OSD
(Admn) Kurnool dated 16-07-2011.
List of exhibits marked for the opposite party-
Ex.B1 Application made by the complainant to the opposite party
dated 29-06-2011.
Ex.B2 Letter C.No.1358/SDPO-K/2011 issued by Sub Divisional
Police Officer, Kurnool dated 28-08-2011.
Ex.B3 Postal Receipt.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
