ADDITIONAL REMEDY FOR INFORMATION SEEKERS

ADDITIONAL REMEDY FOR INFORMATION SEEKERS


On 28-05-2009 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION [NCDRC] NEW DELHI, in REVISION PETITION NO. 1975 OF 2005 in complaint filed by Dr. S. P. Thirumala Rao against Municipal Commissioner, Mysore City Municipal Corporation, Mysore; has delivered landmark judgement concerning right to information of citizens. It is available at http://164.100.72.12/ncdrcrep/judgement/00RP197505.html This has opened additional avenue for information seekers, in addition to RTI set up.

My inferences are now as under:

1. District Consumer Forum and State/National Consumer Commissions have jurisdiction to try complaints relating to deficiency in service concerning RTI.

2. Information seeker under RTI is a consumer of public authority under Consumer Protection Act 1986.

3. Non-supply of information or supply of defective, incomplete, misleading information, would amount to deficiency in service by the public authority under the Consumer Protection Act 1986.

4. Supply of information beyond time limit fixed by RTI Acts would also amount to deficiency in service by the public authority.

5. Public authority under RTI is a service provider under Consumer Protection Act 1986.

6. Information seeker should have paid fee while seeking information under RTI.

7. Information seeker under RTI can claim compensation and damages under the Consumer Protection Act.

8. Information seeker under RTI can obtain appropriate directions to the public authority from Consumer Forum/ Commissions under the Consumer Protection Act 1986, for removing deficiency in service.

9. Remedies under Consume Protection Act 1986 are in addition to remedies available under Right to Information Acts.

10. Provisions of Consumer Protection Act 1986 can reasonably be extended to first appeal since appeal is an extension of RTI application.

11. Payment of compensation, damages, expenses to information seeker is rarity under RTI Acts, while it is normally allowed under Consumer Protection Act 1986.

12. Applicants under earlier RTI Acts of various States and of Right to Information Act 2005 can avail this additional remedy against public authority.

13. Consumer Protection Act 1986 can also be invoked against SICs [specially for delay in decision] where fees are to be paid for second appeal/complaint. Some one can try this remedy against CIC and also SICs, where fees are not required to be paid for second appeal or complaint.

14. CIC and all SICs can be proceeded against under Consumer Protection Act 1986 for deficiency in supply of their own information.

15. Verbatim judgement of NCDRC referred above is available at post No. 25 at http://www.rtiindia.org/forum/1745-judgements-decisions-under-right-information.html?highlight=court+decisions.

16. RTI Act 2005 is also applicable to Consumer Forums, State and National Commissions!

Note: 1. Recently a SIC supplied information pertaining to its functioning sought by me on receipt of my notice under Consumer Protection Act 1986 claiming compensation and damages of Rs.25000/- and quoting above judgement of NCDRC. This SIC was not responding to my RTI application for nearly 11 months despite exhausting all remedies under RTI Act 2005 and complaining thrice to Chief IC and Governor of the State, who appoints ICs and Chief IC of SIC.

2. Consumer District Fora at Nagpur [in Dec 2010], Vijaynagaram [AP] on 21-01-2011 and Coimbatore [TN] on 07-04-2011 have ordered supply of information and compensation to applicant under RTI Act 2005. Guntur A.P. Dist Consumer Forum ordered release of information and granted compensation and expenses on 07-01-2011 and when PIO and FAA did not comply with its orders Forum issued warrants to arrest these two officers of State Govt.

J.P. Shah, Junagadh [Gujarat] 09924106490 jps50@sify.com