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

Thursday the 15^th day of December, 2011

C.C.No.133/2011

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 Executive Officer, Gram Panchayat Office,

Pasupula Village and Post - 518 007, Kurnool Mandal and 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.133/2011

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 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 10-12-2010 the complainant sent an application to the opposite party seeking the  information mentioned below.

i.      To inform the number of approved layouts in the village, its Survey Numbers, and to furnish its duplicate copies of approvals.

ii.      To inform the names of the persons to whom notices are issued for un-authorized constructions of Buildings from 2005 January to December 2010, its certified copies, its replies.

The complainant paid a sum of Rs.10/- towards the application fee. The opposite party received the application of the complainant but did not furnish the information sought by the complainant.  There is deficiency of service on the part of the complainant.  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 he sent an application to the opposite party seeking information and that the opposite party having received the said application did not furnish the information as per R.T.I. Act.  The complainant in his sworn affidavit clearly stated that he sent the application to the opposite party seeking information and that the opposite party failed to furnish the information.  The complainant filed Ex.A1 and Ex.A2 to show that he sent the application under R.T.I. Act along with required fee to the opposite party.  Ex.A2 is the postal acknowledgment.  As seen from Ex.A1 and Ex.A2 it is very clear that the opposite party having received application of the complainant did not furnish the information required under R.T.I. Act.  No reply has been given by the opposite party.   There is deficiency of service on the part of the opposite party.   The complainant claims compensation of Rs.50,000/- for mental agony.  The complainant has not stated purpose for which he sought the information from the opposite party.  For assessing the compensation the purpose for which the information is required must be known.  Admittedly the purpose for which the complainant is in need of the above information is not stated in the complaint.  In the circumstance of the case we think it is just and proper to direct the opposite party to furnish the information if available to the complainant after collecting the information fee.  

8.     In the result, the complaint is partly allowed directing the opposite party to furnish information sought by the complainant if it is available, by collecting the information fee.  The opposite party is directed to pay 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 15^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 10-12-2010.

Ex.A2.       Postal acknowledgement and Receipt dated 10-12-2010.

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               :