Andhra Pradesh

Kurnool

CC/19/2011

S.Baleeswara Reddy, Advocate, - Complainant(s)

Versus

The Tahasildar, Tahasildars Office - Opp.Party(s)

S.Baleeswara Reddy

06 Sep 2011

ORDER

Heading1
Heading2
 
Complaint Case No. CC/19/2011
 
1. S.Baleeswara Reddy, Advocate,
H.No.64/43 B-11, Fort Street, Near Saibaba Temple, Kurnool-518001
Kurnool
Andhra Pradesh
...........Complainant(s)
Versus
1. The Tahasildar, Tahasildars Office
D.No.3/253, C.Belagal Post & Mandalam, Kurnool District-518462
Kurnool
Andhra Pradesh
2. The Revenue Divisional Officer, Revenue Divisional Office
D.No.41/860 C, Kothapeta, Kurnool City-518001
Kurnool
Andhra Pradesh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE T.Sundara Ramaiah, B.Com., B.L. PRESIDENT
 HON'BLE MR. Sri.M.Kirshna Reddy, M.Sc, M.Phil., MEMBER
 HON'BLE MRS. Smt.Nazeerunnisa, B.A., B.L., MEMBER
 
PRESENT:
 
ORDER

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

 

Tuesday the 6thday of September, 2011

C.C.No.19/2011

 

Between:

 

 

S.Baleeswara Reddy,

Advocate,

H.No.64/43 B-11,

Fort Street,

Near Saibaba Temple,

Kurnool-518001.                        …Complainant

 

-Vs-

 

1. The Tahasildar,

   Tahasildar’s Office,

   D.No.3/253,

   C.Belagal Post & Mandalam,

   Kurnool District-518462.

 

2. The Revenue Divisional Officer,

   Revenue Divisional Office,

   D.No.41/860 C, Kothapeta,

   Kurnool City-518001.         ...Opposite ParTies

 

This complaint is coming on this day for orders in the presence of SriS.Baleeswara Reddy, Advocate for complainant and Government Pleader for opposite parties 1 and 2and upon perusing the material papers on record, the Forum made the following.

 

ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)

C.C. No.19/2011

 

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying to direct the opposite parties:-

  1. To pay a sum of Rs.4,00,000/- (Rupees Four Lakhs) towards mental agony;

 

  1. To pay a sum of Rs.50,000/- (Rupees Fifty Thousand) as compensation;
    •  
  2. To costs of the complaint;
    •  
  3. To such other relief as the Honourable Forum deems fit and proper in the circumstances of the case.

                                      

2.    The case of the complainant in brief is as under:- The complainant made an application Under Right to Information Act 2005 to the opposite party No.1 on 29-11-2010 requesting to furnish the particulars of (a) Copy of the Adangal in respect of Sy.No.514 (b) R.O.R. from 1992 to 2010 in respect of S.No.514. (c) IB extract relating to Sy.No.514 of Brahmana Doddi Village, C.Belagal Mandal, Kurnool District.  Subsequent to sending the application to the opposite party No.1 the complainant was made to roam around the office for days together without furnishing information sought for by the complainant.  On 07-01-2011 the complainant made an appeal to the opposite party no.2 seeking direction to the opposite party no.1 to furnish information sought for in his application dated 29-11-2010.  The complainant went to the office to opposite party No.2 number of times.  The complainant was not furnished information sought by him.  The action of opposite parties amounts to gross negligence.  An account of the deficiency of service the complainant has suffered a lot of mental agony.  Hence the complaint is filed.

 

3.     Opposite party No.1 filed written version and the same is adopted by opposite party No.2.  It is stated in the written version that the complaint is not maintainable. The complainant is not a Consumer. There is no privity of the contract between the complainant and opposite parties.  The application of the complainant seeking information under Right to Information Act 2005 was received on 01-12-2010 immediately after the receipt of application the Village Revenue Officer, Brahmana Doddi Village, who is custodian of the village records was requested to furnish the copies of the above records.  After obtaining the copies of the records required by the complainant the same extracts of the records have been sent to the complainant in this office R.C.A/16/2010 dated 15-12-2010 which was dispatched on 16-12-2010.  As the records were not received by the complainant, the extracts have again been sent to him on 17-03-2011 by registered post No.3795.As the required information was already furnished to the complainant, it may not be necessary to file an appeal before the opposite party No.2 and to roam around the office.  There is no deficiency of service.Hence the complaint is liable to be dismissed.     

 

4.     On behalf of the complainant Ex.A1 to A4 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties 1 and 2 Ex.B1 to B6 are marked and sworn affidavit of the opposite parties 1 and 2 are filed.

 

5.     Both sides filed written arguments.

 

6.     The points that arise for consideration are:-

 

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

 

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

 

(c)                To what relief?

 

7.      POINTS 1 & 2:- Admittedly the complainant sent an application Ex.A1 dated 29-11-2010 to opposite party No.1 seeking information under Right to Information Act 2005.  Opposite party No.1 received the same application by registered post with acknowledgement letter No.5219 dated 30-11-2010.  It is marked as Ex.A2.   It is the case of the complainant under Ex.A1 application he requested to furnish the information in respect of Sy.No.514 Brahmana Doddi Village C.Belagal Mandal Kurnool District, but the opposite party No.1 did notcomplythe same.  According to opposite party No.1 on receipt of an application Ex.A1 he requested the village Revenue Officer Brahmana Doddi Village to furnish the copies of the above records and after obtaining the records required by the complainant, the same  extract have been sent to the complainant in office R.C.A/16/2010 dated 15-12-2010 which was dispatched on 16-12-2010.  Ex.B1 photo copy of letter issued by Thasildar, C.Belagal Mandal, Kurnool District, dated 27-12-2010 and Ex.B2 photo copy of letter addressed to complainant dated 15-12-2010.  As seen from Ex.B1 and B2 it is clear that the opposite party No.1 sent the extract of Adangal and I.B. extract, records of rights and R.O.R.in respect of Sy.No.514, Brahmana Doddi Village C.Belagal Mandal, Kurnool District.  As the complainant contented that no records was received by him again the required records was dispatched on him on 17-03-2011 by registered post No.3795.  As seen from Ex.B4 and B5.  Ex.B4 is the photo copy of letter addressed to complainant dated 17-03-2011 and Ex.B5 is the photo copy of Adangal dated 16-12-2010, it is clear that opposite party No.1 furnished the information to the complainant.

 

8.     The complainant filed an appeal before opposite party No.2 under Ex.A3 dated 07-01-2011, the acknowledgement is Ex.A4 dated 10-01-2011.  The available information was furnished by the opposite party No.1 to the complainant under Ex.B2 in response to the application of the complainant and again sent the records under Ex.B4 as the complainant contended that he had not received the records.    No negligence is found on the part of the opposite party No.1.  The complainant has not stated in the complaint, the purpose for which the information is required.  Merely because there was some delay in furnishing the information, it cannot be said that the complainant is entitled for compensation. 

 

9.     The complainant also impleaded opposite party No.2 who is an   appellant authority.   Admittedly according to the complainant it is the opposite party No.1 who has to furnish information to him.  Opposite party No.2 who is an appellant authority is not bound to furnish information to the complainant.  Admittedly no application was made to opposite party No.2 seeking information under Right to Information Act.  Opposite party No.2 is unnecessarily added by the complainant and made the opposite party No.2 incur some legal expenses. No deficiency of service is found on the part of the opposite parties. 

 


 

 

10.    In result, the complaint is dismissed without costs.

 

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 6thday of September, 2011.

 

        Sd/-                                     Sd/-                                  Sd/-

MALE MEMBER                      PRESIDENT                 LADY MEMBER

 

APPENDIX OF EVIDENCE

Witnesses Examined

 

For the complainant : Nil            For the opposite parties:Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of letter addressed to opposite party No.1

dated 29-11-2010.

 

Ex.A2.       Photo copy of postal receipt and acknowledgement of

                pposite party No.1.

 

Ex.A3                Photo copy of First Appeal addressed to

opposite party No.2.

 

Ex.A4                Photo copy of Postal receipt and Acknowledgement of

                opposite party No.2.

 

List of exhibits marked for the opposite parties:-

 

Ex.B1                Photo copy of letter issued by Tahsildar, C.Belagal Mandal,

Kurnool District, dated 27-12-2010.

 

Ex.B2                Photo copy of letter addressed to complainant to

opposite party No.1 dated 15-12-2010.

 

Ex.B3                Photo copy of letter dated 22-03-2011.

 

Ex.B4                Photo copy of letter dated 17-03-2011.

 

Ex.B5                Photo copy of adngal dated 16-12-2010.

 

Ex.B6                Photo copy of Right to Information Act, 2005 along with

Hapter – VI Miscellaneous.

 

 

        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               :

 

 

 
 
[HON'BLE MR. JUSTICE T.Sundara Ramaiah, B.Com., B.L.]
PRESIDENT
 
[HON'BLE MR. Sri.M.Kirshna Reddy, M.Sc, M.Phil.,]
MEMBER
 
[HON'BLE MRS. Smt.Nazeerunnisa, B.A., B.L.,]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.