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 14^th day of December, 2011

C.C.No.132/2011

Between:

Desai Chandranna, S/o Desai Eswarappa,

H.No.2-102, Sriram Nagar Colony,College Road, Adoni - 518 302,

Kurnool District.                                         

  …Complainant

                                                 -Vs-

The Public Information Officer Cum Depot Manager,

APSRTC, D.No.20-79, Adoni - 518 301, Kurnool District .                                                   

..Opposite ParTy

This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and opposite party called absent and upon perusing the material papers on record, the Forum made the following.

                                               ORDER

(As per Sri. T.Sundara Ramaiah, President) 

                                       C.C. No.132/2011

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

1. To direct the opposite party to furnish the information that are sought by the complainant immediately;

1. To grant a sum of Rs.50,000/- towards the compensation for causing mental agony and hardship;

1. To grant the costs of this complaint;

1. To pass any other order or orders that are deem to be fit and proper in the circumstances of the case.                   

2.    The case of the complainant in brief is as under:- On 14-12-2010 the complainant sent an application to the opposite party by speed post seeking following information.

i.      To inform whether the APSRTC has stopped issuing concession bus passes to those who are 40% and above disabled handicapped and to give reasons for the same.

ii.      To send certified copy of Government orders which granted concession bus pass to the 40% and above disabled handicapped in the state.

The complainant paid a sum of Rs.10/- towards the application fee by affixing court fee stamps on the application. The opposite party received the said application but did not furnish the information within one month from the date of the receipt of the application.  There is deficiency of service on the part of the opposite party.  Hence the complaint.

3.     Opposite party called absent and set exparte.

4.     On behalf of the complainant Ex.A1 and A2 are marked and sworn affidavit of the complainant is filed.

5.     Complainant filed written argument.

6.     Now the points that arise for consideration are:-

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

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

1. To what relief?

7.      POINTS i and ii:- It is the case of the complainant that on 14-12-2010 he sent an application along with application fee to the opposite party seeking certain information from the opposite party under R.T.I. Act, 2005.  The complainant in his sworn affidavit clearly stated that he sent the application seeking information to opposite party under R.T.I. Act.  The complainant relied on Ex.A1 and Ex.A2 to show that he sought information from the opposite party by paying the required application fee.  As seen from Ex.A1 and Ex.A2 it is very clear that on 14-12-2010 the complainant sent the application to opposite party under R.T.I. Act seeking the information.  The opposite party having received application from the complainant did not furnish the information as sought by the complainant in his application.  The opposite party did not give any reply for its failure to furnish the information to the complainant.  The opposite party is negligent and there is deficiency of service on the part of the opposite party. Under R.T.I. Act the opposite party is bound furnish the information sought by the complainant if it is available in the office.  The opposite party intentionally failed to furnish the information sought by the complainant.  In circumstance of the case we think it is just and proper to direct the opposite party to furnish the information required by the complainant.                           

8.     In the result, the complaint is partly allowed directing the opposite party to furnish information sought by the complainant within two weeks from the date of receipt of the order and pay the cost of Rs.500/- to the complainant.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 14^th day of December, 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                Photo copy of Application sent to the opposite party

dated 14-12-2010.

Ex.A2.       Speed Post Receipt for Rs.12/-dated 14-12-2010.

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             :

Copy was dispatched on               :