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 16^th day of March, 2011

C.C.No 128/10

Between :-

Ch.Jogarao, S/o. Late Ch.Brahmeswara Rao,

Practicing Advocate,

D.No.40/840, OPP.S.B.I. Main Branch,Kurnool.                               

        …Complainant

                                                -Vs-

The Assistant Public Information Officer,Office of the Commissioner,

Yemmiganur Municipality, Yemmiganur, Kurnool District.                                       

     …Opposite Party

­­­­­­­­­­­­­­­      This complaint is coming on this day for orders in the presence of Sri. C.Ravi kumar, Advocate for complainant, Sri N.Mallikharjun, 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.128/10 

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying:-

1. To directing the opposite party to furnish the information as shown in the schedule to this complaint with immediate effect,

1. To pay to the complainant a sum of Rs.20,000/- towards the mental agony  suffered by him.

1. A sum of Rs.1,000/- towards costs of this complaint.

     And

1. To grant such other and further reliefs this Hon’ble Forum deems fit and circumstance of the case.

2.     The case of the complainant in brief is as under:- The complainant is a practicing advocate in Kurnool.  The complainant requested opposite party No.1 to furnish information under section 3 of the Right to Information Act, 2005 and paid the requisite fee by way of Postal Order.  The opposite party received the request of the complainant on 15-04-2010.  The opposite party has not furnished the information sought by the complainant within 30 days.  The opposite party intentionally refused to give information to the complainant.  The complainant suffered mental agony due to the non supply of information by the opposite party.  Hence the complaint.

3.     The opposite party filed written version stating that the complaint is not maintainable.   M.Prakash Babu who received the application of the complainant died on 05-08-2010.  The present Officer took charge on 12-10-2010.  The present Assistant Public Information Officer cannot be held responsible for the mistake committed by his predecessor.

4.     On behalf of the complainant Ex.A1 to A5 are marked and sworn affidavit of the complainant is filed.  On behalf of the opposite party no evidence is let in.

5.     Complainant filed written arguments.

6.      The points that arise for consideration are:

1. Whether there is deficiency of service on the part of the Opposite Party?

1. Whether the complainant is entitled to the reliefs as prayed for?

    (c)        To what relief?

7. POINT No.1 & 2:- It is the case of the complainant that he sought information from the opposite party under right to information Act and that the opposite party refused to furnish the said information.  The complainant in his affidavit evidence clearly stated that the information required by him is not furnished by the opposite party.  It is not the case of the opposite party that the application of the complainant for information was not received.  In the written version filed by the opposite party, it is stated that the request for information was received by his predecessor M.Prakash Babu who died on 05-08-2010.  Ex.A4 is the postal acknowledgement dated 15-04-2010.  The opposite party did not furnish the information under right to information Act to the complainant.  It amounts to deficiency of service.  We think it is just and proper to direct the opposite party to supply information within two months from the date of the order.

8.     In result, the complaint is partly allowed directing the opposite party to furnish information under right to information Act, required by the complainant within two months from the date of the order.  In the circumstances of the case no cost. 

             Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 16^th day of March, 2011.

           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                Letter dated 12-04-2010 under the RTI Act, 2005.

Ex.A2                Photo copy of Indian Postal Order of Rs.10/-

dated 13-04-2010.

Ex.A3                Postal receipt dated 13-04-2010.

Ex.A4                Postal acknowledgement.

Ex.A5                Paper publication in Eenadu Kurnool Edition

dated 05-04-2010.

List of exhibits marked for the opposite party:-  Nill

         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        :

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