Thursday, September 6, 2012

Re: [rti_india] RTIFED NEWS : A NEW BREED OF RTI CONSUMER IS GROWING

Dear Members

The 2 NCDRF decisions of 2004 & 2005 cited by Mr Bhanot are obsolete.
for various reasons that can be read here
http://www.rtiindia.org/forum/80263-compiled-list-successful-consumer-complaints-rti-cases-19.html

On 30.03.2011 the NCDRF dismissed a Revision Petition matter stating
that RTI applicants who dont get information are NOT consumers within
the meaning of the Consumer Protection Act and that their relief lies
under section 19 of the RTI Act. The matter has however been restored
on some technical grounds.

A host of unsuccessful RTI applicants were misguided into approaching
the District Consumer Forums by irresponsible and unlettered activists
using websites like rtiindia.org, and initially obgained favourable
orders - usually awarding compensation. However most of these have
been appealed / overturned in the SCDRFs and they are all likely to
lose in the NCDRF.

So the CP Act route is only for those who have a lot of time and
resources to waste OR who want to explore more litigative avenues
between themselves and their departments (ie all the irresponsible
people we don't encourage on this group).

Sarbajit

On 9/7/12, Surendera M. Bhanot <bhanot1952@gmail.com> wrote:
> Dear all,
>
> A new breed of RTI Consumer is growing in the wake of the deficient service
> provided by the Public Authorities under the Right to Information Act 2005.
>
> Of late the Information Seekers under the Right to Information Act 2005 are
> also declared consumers under the Consumer Protection Act 1986. The Public
> Information Officers under the Right to Information Act 2005 are held as
> service provider as a fee of Rs. 10.00 is received by them for providing
> the desired information.
>
> The District Consumer Dispute Redressal Forums (*DCDRF*), the State Dispute
> Redressal Commissions (*SCDRC*) and National Consumer Dispute Redressal
> Commission (*NCDRC*) are awaiting compensation to the RTI Consumers.
>
> Hon'ble District Consumer Dispute Redressal Forums as under have not only
> ordered supply of information and compensation to applicants of Right to
> Information Act 2005, but have also asked the opposite parties to make up
> the deficiency in service by providing the information which was found out
> to be deficient.
>
> A List of successful Consumer Complaints in RTI Cases. In most cases the
> link to the orders are also given. However, all orders can be also be
> accessed at Computerization and Computer Networking of Consumer Forums in
> Country - *CONFONET <http://164.100.72.12/ncdrcrep/>*
>
> *Before National Consumer Disputes Redressal Commission*
>
> * *
>
> 1. NCDRC Iin RP No. 2774 of 2004 IN Usha Rani Aggarwal Versus Nagar
> Palika Parishad, Haldwani
> 2. NCDRC IN RP No. 1975 OF 2005 IN Dr. S.P. Thirumala Rao Vs. Municipal
> Commissioner Mysore City Municipal Corporation
>
> *Before Various District Consumer Fora - * The list is attached in the
> attached document
>
>
> The above list is not exhaustive as some of the cases reported above are
> under appeal/revision in the higher for a. These decisions are subject to
> the final outcome in the higher for a.
>
>
>
> Please read a good guide on the Consumer Act here:
> *Consumer Justice - A Manual for Consumer Forum Mem - Downloads - RTI
> INDIA- Right to
> Information<http://www.rtiindia.org/forum/downloads/relevant-downloads-rti-3/consumer-justice-manual-consumer-forum-mem-197/>
> *
>
>
>
> There is a very good discussion going on this topic Titled *"**Compiled
> List - Successful Consumer Complaints in RTI
> Cases<http://www.rtiindia.org/forum/80263-compiled-list-successful-consumer-complaints-rti-cases.html>".
> *One must go and get further information on this topic**
>
> "
> --
> *GREETINGS AND WARM REGARDS
>
> Surendera M. Bhanot*
> - Coordinator, *RTIFED <http://www.rtifed.com/>*, Punjab Chandigarh
> - President, *RTI Help & Assistance* <http://www.rtihelp.in%20> Forum
> Chandigarh
> - Life Member, *Chandigarh Consumers Association*
> - Youth for Human Rights International - *YHRI
> <http://yhrisouthasia.ning.com/group/leadershipinyouth>*- South Asia
> - Jt. Secretary, Amateur Judo Association of Chandigarh
> - Member, *SPACE <http://www.thespace.org.in>*- Society for Promotion and
> Conservation of Environment, Chandigarh
> *No. 3758, Sector 22-D, Chandigarh-160022
> Mob: 919-888-810-811
> PHONE: 91-172-5000970
> FAX: 91-172-5000970*
> *Mail Me* <bhanot1952@gmail.com>
>


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