BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI D.SINGARA CHARY, B.A., LL.B.,
PRESIDENT.
SRI K.VINODH REDDY, B.Sc.,
MEMBER.
. . .
FRIDAY, THE TWENTIETH DAY OF JANUARY, 2012
CONSUMER COMPLAINT No.39 OF 2011
Date of filing: 02-05-2011
Date of Disposal:20-01-2012
Between:
Palle Satyanarayana S/o Ramulu, Age: 30 years,
Occ: Photographer, R/o H.No.4-11, P.A.Pally Village and Mandal,
Nalgonda District.
…Complainant.
AND
The Public Information Officer-cum-Tahasildar, Tahsil Office,
P.A.Pally Village and Mandal, Nalgonda District.
…Opposite Party.
This complaint coming on before us for final hearing today, in the presence of the Complainant, and Sri M.Venugopal Reddy, Advocate for the Opposite Party, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SRI D.SINGARA CHARY, PRESIDENT
1. This complaint was filed Under Section 12 of the Consumer Protection Act, 1986 on Opposite Party rejecting to furnish the information sought for under the Right to Information Act.
2. Till now this Forum has been registering the matters in the light of the decision of the Hon’ble National Commission in Dr.S.P.Thirumala Rao Vs.Municipal Corporation, Mysore (RP 1975/2005) rendered on 28-05-2009. In the said decision, the Hon’ble National Commission held that notwithstanding the fact that the persons aggrieved on
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account of refusal of information sought under R.T.I. Act can approach the Consumer Fora for compensation notwithstanding the fact that they have statutory appeal before the Commissioner under R.T.I. Act.
3. However, in a subsequent decision rendered by the Hon’ble National Commission on 31-03-2011 in T.Pundalika Vs.Revenue Department (Service Division), Government of Karnataka (RP.No.4061/2010), after referring to the decision in Dr.S.P.Thirumala Rao’s case, held that in the light of the fact that the aggrieved parties who fail to secure information under R.T.I. Act have effective remedy before the Appellate Authority under R.T.I. Act they cannot be treated as a “consumer” and as such the Consumer Protection Act cannot come to their rescue either to obtain information which they could not secure. Therefore, the earlier decision in Dr.Thirumala Rao’s case cannot have effect. Hence the law that rules the field as on today is that the Consumer Fora have no jurisdiction to entertain the complaints from the persons aggrieved under R.T.I. Act. Therefore, we hold that this Forum has no jurisdiction to dispose off the matters. At the same time we cannot dismiss the complaints since we have no jurisdiction and the only way out is to return them to file before the appropriate Appellate Authority under R.T.I. Act.
In view of above, the complaint is returned to the Complainant with direction to him to file before the Appellate Authority if he is so advised.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 20th day of January, 2012.
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of the Complainant None.
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EXHIBITS MARKED
For Complainant:
Nil.
For Opposite Party:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri Palle Satyanarayana (Complainant).
2). Sri M.Venugopal Reddy,
Advocate for the Opposite Party.
