Editorial

IF CONSUMER FORUMS REFUSES COMPLAINTS FOR DEFICIENCY OF RIGHT TO INFORMATION, AVAIL RIGHTS TO BE INFORMED

March 23, 2014 11:52 AM
New Delhi (News Desk-Sanjay Mishra) 

If Consumer Forums refusing Consumer Complaints for the Deficiency of Right to Information Act 2005 on the ground of non-jurisdiction, don't worry, ask for your Consumer Rights - "Right to be Informed" guaranteed u/s 6 of The Consumer Protection Act 1986.

In a case (FA/275/2012) before National Consumer Disputes Redressal Commission New Delhi on 21st March 2014 said that this petition is not maintenable before this Commission because no-jurisdiction over RTI Deficiency.  Petitioner relied an order of NCDRC delivered in Usha Rani Agrawal vs. Nagar Palika Haldwani (RP-2774 of 2004 decided on 06-09-2006) in which it was ruled that - 
 
It is not required to be reiterated that once the assessment order is passed, against or in favour of the Complainants, the same is required to be communicated That is a manner of performance of the statutory duty, and that is one part of the service which is required to be rendered by the Nagar Palika. Even though the duty to decide the objections with regard to the assessment by the Executive Committee or other authority of the Nagar Palika, may be quasi judicial or administrative function. But, the final order passed in the said proceeding is required to be communicated in the manner prescribed under the law. That duty, if not performed, it would be deficiency in service. After above citation, Hon'ble National Commission has accepted that petition and send the same for another larger bench for further hearing. 
 
In one another case has been registered at District Consumer Disputes Redressal Forum-I, Chandgiarh (CC/139/2014) in which information was sought through RTI and CPA too. When no information through any route, Consumer Complaint filled. During hearing on 18th March 2014, Forum denied to entertain the complaint saying it has no jurisdiction over RTI matter. When complainant relied upon above ruling of NCDRC in RP-2774 of 2004 (Usha Rani Agrawal) and aurge that - when complaint has been filled, the same must be redressed and decision against or in favour of the complainant, must be conveyed to complainant, but the same is not done, this is the Deficiency in Service. Hon'ble Forum accept it and issued notice to OP's i.e. PIO, AETC, ETC Punjab and FCT Punjab for 28th April 2014. 
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