NOTICE UNDER CONSUMER PROTECTION ACT FOR RTI ACT

From:
Name:
Address:
Cell No.
Email ID
_____________________________________________________________

Date: __________

by regd ad post & Email

To,
1. Head of Public Authority and his address

and

2. SPIO/CPIO and his address

Dear Sirs,

Subject: NOTICE UNDER THE CONSUMER PROTECTION ACT 1986 and SEC 80 OF CPC

I had sought certain information from SPIO/CPIO of your public authority under The Right to Information Act 2005 vide my RTI application dated __________ [copy enclosed with proof of mailing or receipt].

2. I have not received reply from SPIO/CPIO within period mandated in RTI Act 2005.

OR

Since I did not get reply within stipulated time I filed first appeal dated ______. Copy of appeal is enclosed with proof of its mailing or receipt.

OR

I have received reply vide letter No. __________ dated ______ [copy attached] and it has following deficiencies:

A] Reply is delayed beyond stipulated time limit under RTI Act

B]

3. The foregoing amounts to deficiency in service and / or supply of defective, incomplete, irrelevant, wrong, misleading information under Consumer Protection Act 1986. This also leads to violation of Human Rights as defined by United Nations Declaration.

4. I humbly add that Hon’ble National Consumer Disputes Redressal Commission, New Delhi has in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore] has decided on 28-05-2009 that applicant under RTI Act is a consumer under The Consumer Protection Act 1986.

5. Other District Consumer Forums [ Guntur, Nagpur, Faridkot, Vizainagaram, Medhak, Coimbatore etc] have also ordered supply of information under RTI Act and ordered payment of compensation to applicants.

6. Before I proceed further, I request you to kindly supply or cause to be supplied proper information sought by me immediately and also pay me an amount of Rs.50000/-[Rs. fifty thousand only], towards damages, compensation, cost, inconvenience, mental agony and tension and breach of my fundamental rights under article 19.1.a of Constitution of India, etc latest within 60 days from the date hereof.

7.In addition to above, I request you to please initiate departmental action against erring officers of your public authority for defiance of law, dereliction of duties and infringement of fundamental rights of common Indian guaranteed under article 19.1.a, under service rules of your organization, under advice to me.

8. As Head of public authority, you should not tolerate such bluntant violation of laws passed by Parliament, which will again amount to abetment of violation of laws of the country and rule of law on your part.

9. Please note that this notice and proposed complaint as above are exclusively at your risk, cost, responsibility and consequences and without prejudice to writ which I may file in Hon’ble High Court under article 226 of the Constitution for violation of my fundamental rights.

10. I quote for your information:

a. In Lucknow Development Authority V/S M .K. Gupta the Apex Court held that when public servants by malafide, oppressive and capricious acts in performance of official duty causes injustice harassment and agony to common man, renders the State or its instrumentality liable to pay damages to the person aggrieved. And the State or its instrumentality is duty bound to recover the amount of compensation so paid from the public servant concerned. (1994) 1 SCC 24,

b. “If civilisation is not to perish in this country as it has perished in some others too well known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. Therefore, the State must repair the damage done by its officers to the petitioner's rights. It may have recourse against those officers."- HON’BLE Supreme Court in Rudul Sah v. State of Bihar (1983) 4 SCC 141

I am sure you both will not dare to defy above averments of Hon’ble Supreme Court, which can have serious personal repercussions.

11. This notice may also be treated as notice under section 80 of the Civil Procedure Code and be directed to appropriate authority of Govt.

Yours faithfully,


[ __________]

Encls: as above

Copies by Regd AD and email to

2. FAA [only if first appeal is already filed]


This is a proforma draft and should be amended to suit individual case.

You can issue this notice. There is no need of advocate for it.

Please also visit:

NCDRC decision:
http://164.100.72.12/ncdrcrep/judgement/00RP197505.html

Additional Remedy
http://www.rtiindia.org/forum/blogs/jps50/719-additional-remedy-information-seekers.html

Consumer complaint draft and guide
http://www.rtiindia.org/forum/blogs/jps50/2114-consumer-complaint-rti.html

All the best.