West Bengal

Kolkata-II(Central)

CC/380/2014

Manjul Halder - Complainant(s)

Versus

PIO/SPIO, Director General Building Kolkata Municipal Corp. & Others - Opp.Party(s)

Self

30 Oct 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II.
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/380/2014
 
1. Manjul Halder
54, Jadu Nath Ukil Road, Kolkata-700041, P.S-Haridevpur.
...........Complainant(s)
Versus
1. PIO/SPIO, Director General Building Kolkata Municipal Corp. & Others
5, S.N. Banerjee Road, Kolkata-700013, P.S-New Market.
2. Project Director, KEIP(Ex-Officio Jt. Municipal Commissioner), The Appellate Authority, Buisness Towers.
206, A.J.C Bose Road, Kolkata-700017, P.S- Beniapukur.
3. Sujoy Ghosh
22/1, Taramoni Ghat Road, Kolkata-700041, P.S-Haridevpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'ABLE MR. Ashok Kumar Chanda MEMBER
 HON'ABLE MRS. Sangita Paul MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party:
OPs are present.
 
ORDER

Complainant and the Ld. Lawyer of the op are present and in this case op has challenged the maintainability case on the ground that this complaint is not maintainable against the op in view of the fact that complainant already supplied the information as prayed for by the complainant as per RTI Act.  Moreover RTI Act is a special act and for which the present Forum has no jurisdiction to decide the matter.

          Heard the complainant and Ld. Lawyer for the op and after considering the entire matter, it is found that complainant got the information as sought for under RTI Act from the op.  But there was a gap and for which complainant appeared and prayed for compensation.  But prior to filing of this case complainant got that information and if he is dissatisfied about the information he may prefer an appeal before the RTI or the Appellate Authority but this Consumer Forum has no legal authority to decide such matter.  Though in such a manner many applications are being filed.  But in the present case, it is clear that this complaint is not maintainable in view of the fact that the complainant got information as per RTI Act from the authority of op and might be same are supplied after a gap and it was for administrative reasons and that cannot be deceived by this Forum and there is no relationship in between the complainant and op at this stage as service provider and the consumer.

 

          In the result, this complaint fails.

          Hence, it is

ORDERED

 

          That the complaint be and the same is dismissed as same are not maintainable in the eye of law and there is no cause of action to file this case.

 

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'ABLE MR. Ashok Kumar Chanda]
MEMBER
 
[HON'ABLE MRS. Sangita Paul]
MEMBER

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