Skip to main content

Consumer forum can’t act on RTI cases

A consumer forum cannot decide whether there is negligence or deficiency in service on the part of public information officers (PIO) or other authorities under the Right to Information (RTI) Act, said the Tamil Nadu State Consumer Disputes Redressal Commission.

In an order last month, a bench comprising commission president Justice (retd) R Regupathi, judicial member J Jayaram and member P Bakiyavathi said the Supreme Court had said the Consumer Protection Act was in addition to the provisions of other law "unless there was a clear bar." Whereas, the RTI Act had a provision which specifically said it was beyond the jurisdiction of courts.

The matter relates to a petition filed by S Jeyaram who said that under the RTI Act, he had sought some information regarding Apollo Hospitals from the public information officer and deputy/under secretary of the health and family welfare department. As the PIO failed to furnish the details, he moved north Chennai district consumer disputes redressal forum. The forum rejected the petition stating the complaint was not maintainable. Jeyaram then filed an appeal in the state commission.

He said that the relevant section of the Consumer Protection Act said: "The provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force." As such, a person seeking information under the RTI Act could approach the consumer forum, he said

In 2013, the national commission had said that a person seeking information under the RTI Act could not be considered as a consumer as according to the relevant provision of the RTI Act, he/she had the remedy of approaching the appellate authority. Also, the RTI Act provided PIOs with independent decision making authority to decide whether disclosure of information was in public interest, said the bench.

Without being a consumer one could not seek remedy under the Consumer Protection Act, said the bench adding that after exhausting the options under the RTI Act, one could only approach the appellate forum for further reliefs and redressal of grievances.

 Article referred: http://timesofindia.indiatimes.com/city/chennai/Consumer-forum-cant-act-on-RTI-cases/articleshow/45485553.cms

Comments

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more