COMPLAINT
BEFORE THE HON’BLE DISTRICT CONSUMER
DISPUTES
REDRESSAL
FORUM AT _______________
In RE:
Consumer Complaint [C.C.] No. ______ of ______[ for office use]
In the matter
of:
[Mention your name and
address]……………..................................Complainant
Versus
[Mention designation of
head of office /organisation and his address]
………………….................Opposite
party No. 1
SPIO/CPIO [Mention office
address of SPIO/CPIO]
........................................
Opposite party No. 2
Compaint
under section 12 of The Consumer Protection Act 1986.
The complainant above named most
respectfully showeth as under;
1. a. That
the Complainant is a [mention your occupation e.g. Professor at ____ College or
Manager of a private company or doctor having private practice etc]
b.That opposite
party No. 1 is a [mention brief details of opposite party e.g.
Public Sector
Bank having Head Office at ______or is a department of Gujarat State Govt or University under
Karnataka State law etc]
c. Opposite
Party [OP] No. 2 is the SPIO/CPIO of OP No. 1
2. That brief
facts of complaint are as under:
2.1 That the
complainant had filed an application dated _______ under section 6.1 of The Right to Information
Act 2005 [RTI Act for brevity], seeking certain information. It was received by
the opposite party on or about [date]_______. Filing fee of Rs. ___ was paid
through prescribed stamps/postal order. Photocopies of RTI application, postal
receipt of mailing and acknowledgement are attached herewith.
2.2 That the SPIO/CPIO
of the OP did not supply information nor replied within period of 30 days as mandated
u/s 7.1 of RTI Act till filing of this complaint.
OR
2.2 That the
SPIO/CPIO of the OP supplied incomplete / irrelevant / defective information
vide his letter No. ______ dated _____ [photocopy enclosed]. Following are the
defects in information supplied:
a.
Information is supplied beyond period of 30 days mandated under RTI Act.
b. Inspection
of record is not permitted though requested in RTI application.
c. Query wise
deficiencies are attached herewith as per annexute to this complaint.
3. That thus there has been gross deficiency in
service and / or supply of defective information by the opposite party. [delete
inapplicable]
4. Complainant had served consumer notice dated
______ on opposite parties. Photocopies of notice, proof of mailing and acknowledgement
are attached herewith.
5. The
complainant is a consumer under Section 2(1) (o) of The Consumer Protection Act.
Hon’ble
National Consumer Disputes Redressal Commission in revision petition No. 1975 [in appeal No. 244/04 relating to
complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore] interalia
decided on 28-05-2009, that
applicant under RTI Act is a consumer under The Consumer Protection Act 1986.
[copy is enclosed]
6. That Hon’ble District Consumer Dispute Redressal Forums as under have
ordered supply of information and compensation to applicants of RTI Act 2005:
a. Decision dated 30.11.2011 of II Addl Bangalore
b. Decision dated19/05/2011 of Faridkot in CC/102/2011.
c. Decision dated09/11/2011 of Ludhiana
d. Decision dated25/03/2011 of Tuticorin in CC/59/2010.
e. Decision dated 29/04/2011of Vizianagaram in CC/ 116/2010
b. Decision dated
c. Decision dated
d. Decision dated
e. Decision dated 29/04/2011of Vizianagaram in CC/ 116/2010
f, Decision dated 08/09/2011 of Mohali in CC/249/2011
g. Decision dated 28.05.2009 of IInd Addl. Bangalore
h. Decision dated20/04/2010 of
Mandi, H.P in CC/14/2009.
i. Decision dated21/05/2009 of Mumbai South in SMF/MUM/301/2009.
h. Decision dated
i. Decision dated
j. Decision dated 24/05/2011 of
Nizamabad in CC/41/2010
k. Decision dated 29/11/2011 of Pune in F/564/2010
l. Decision dated 07/01/2011 of Guntur
m. Decision dated 08/09/2011 of Mohali in CC/249/2011
n Decision dated 29/12/2011 of Salem
o. Decision dated 03/02/2011 of Tuticorin in CC/57/2010
p. Decision dated 24/08/2011 of Medak in CC/10/2011
q. Decision dated 02/12/2010 of Nagpur
r Decision dated 27/12/2010 of
Vizianagaram in CC/ 118/2010
s. Decision dated 21/01/2011of Vizianagaram in CC/ 124/2010
t. Decision dated
11/05/2011of Naupada in CC/ 08/2011
7. That this
complaint is within the territorial jurisdiction of the Hon’ble Forum as the
opposite parties have their offices at
the addresses mentioned aforesaid. Since the claim is valued at Rs. ________ it
is within pecuniary jurisdiction of this
Hon’ble Forum.
8. That cause
of action arose on _______, when said RTI application remained unreplied after
completion of mandated time of 30 days.
OR on _______[date]
when the complainant received defective information from SPIO/CPIO.
[delete
inapplicable]
and cause of
action also arose when OPs failed to respond to consumer notice dated ______
within time specified therein.
Thus this
complaint is filed within limitation period of 2 years.
8. Complainant has filed first appeal on ______ with Appellate Authority
of OP. Appellate authority has:
a. not replied to appeal till filing of this complaint
OR b. upheld reply of SPIO/CPIO
OR c. any other reason
[delete inapplicable]
9. Complainant has filed complaint / second appeal to State Information
Commission / Central Information Commission on ________ and the same is pending
as on date of filing of this complaint.
10. Complainant humbly submits that above commission will not look in to
this matter from the point of view of deficiency in service or breach of
consumer rights under The Consumer Protection Act 1986 and hence there is no
bar of duplication.
11. That
complainant humbly prays for following relief and directions:
a. The
opposite party be directed to supply correct and complete information sought by
the complainant. Inspection be also ordered as per RTI Act.
b. The opposite party to pay Rs. 50000/- [ Rs.
Fifty thousand only] to the complainant
for compensation for harassment, mental agony, delay, breach of consumer rights
and expenses of Rs. 1000/- etc.
c. Any other relief that this Hon’ble Forum be
pleased to grant to the complainant to meet ends of justice.
11. That for the purpose of fees, the complaint is valued at Rs. 51000/-and
accordingly postal order / bank pay order / demand draft No ________for Rs.100/-
of ________Bank /post office is attached herewith.
12. That complainant also humbly invites kind attention of this Hon’ble
Forum to important judgement dated 05-11-1993 of Hon’ble Supreme Court of India
in Lucknow Development Authority V/s. M.K. Gupta [1994
AIR 787, 1994 SCC (1) 243, JT 1993 (6) 307, 1993 SCALE (4)370].
13. That complainant reserves the rights to add, amend and/or delete any
grounds in this complaint as and when necessary.
At ___________[ Place] _____day of _____ 20___
Complainant: ______________
Verification:
I, the complainant above
named, do hereby solemnly verify that the
contents of above complaint are true and correct to best of
my knowledge
and belief, no part of it
is false and nothing material has been concealed therein.
Verified this
_____ day of _______ 20 __ at ________
[place]
Complainant: ___________
Affidavit
I
______________[full name] age ___ years resident of ______ do hereby
solemnly affirm and declare that as Complainant I am thoroughly conversant with
facts and circumstances of the present case and I am competent to swear this
affidavit. The facts contained in aforesaid complaint, contents of which are
not repeated herein for sake of brevity may be read as an integral part of this
affidavit and are correct and true to best of my knowledge and belief.
This _____
day of _______ 20 12 at _________
Complainant:
___________
NOTARY
________________________________________________________________________
On
separate paper:
D- list:
COMPLAINT
BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM AT _______________
In RE: Consumer Complaint
[C.C.] No. ______ of ______[ for office use]
In the matter of:
[Mention your full name and
address]……………..................................Complainant
Versus
[Mention designation of
head of office /organisation and his address]
…………………...........Opposite
party No. 1
SPIO/CPIO [Mention
designation and office address of
SPIO/CPIO]
........................................ Opposite party No. 2
List
of documents in support of complaint
[all
photocopies]
Particulars Page No. from-to
1. RTI application dated _______ 1 to ___
2. Postal acknowledgement of delivery.
3.
Mailing postal proof
4.
Annexure of query-wise defects
5. Notice under CPAct 1986 dated _______
6. Proof of mailing notice
7. Acknowlegement of delivery of notice
8. Reply dated _______ of SPIO/CPIO [if any]
9. Reply of first appeal [if any]
10. Copy of judgement dated 28-05-2009 of
hon’ble NCDRC in revision
petition No. 1975
[in appeal
No. 244/04 ]
Complainant
Short
guidelines:
1.
Please type on ledger paper in double space after making necessary changes to
suit your case.
2.
It has to be filed with Consumer Forum [Court] of the district where office of
opposite party or spio/cpio is situated.
3.
Attach papers as per D list and serially number on right hand top in a circle.
4. Filing
fee up to claim of Rs.100000/- [Rs. One lac only] is Rs.100/- payable by postal
order or bank pay order or demand draft in favour of “President, District
Consumer Disputes Redressal Forum, _______ [place]” payable at the place where
complaint is being filed.
5. Complaint
has to be notarized.
6.
Submit in original + 4 photocopies. Retain one set for your record.
7.
Complaint has to be filed within 2 years of cause of action as stated in complaint.
8 Please
visit following websites for further guidance and addresses etc:
9. Non advocate friend who is well worsed in consumer
and RTI can also represent or assist you at forum. You have to just give simple
authority letter in his favour.
10. NCDRC decision dated 28-05-2009 mentioned at item
No. 5 of complaint is posted at http://164.100.72.12/ncdrcrep/judgement/00RP197505.html
11. You can send completed set by post also or get it
delivered at Forum through friend or relatative residing at place of Forum.
12. You may change amount of claim but Rs.50000/-
would be reasonable.
13. Please also visit:
Additional Remedy
Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html
All the best.
J. P. Shah Junagadh [Gujarat] 09924106490
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