Rti act
Thyagarajan
(Querist) 23 December 2012
This query is : Resolved
I had sought some information from PIO Corporation of Chennai Zone 10 through a RTI petition regarding creation of a park in the complex of a multi storied building . The information furnished was in part and not full. An appeal yielded little. I made a petition to State Information Commission which after going through the papers submitted ordered PIO to furnish details in full. The PIO did not respond. Possibly further action from SIC would be putting penalty on PIO but that will not suffice my need. I needed the full information. I used recourse to Consumer Forum that can come to my help. My petition to it was found maintainable and notice is served for PIO to appear. Should PIO continue to refrain from giving details that I need what will be the action from the Forum?
M.Sheik Mohammed Ali
(Expert) 23 December 2012
File a writ of mandamus case at high court against PIO.
Sailesh Kumar Shah
(Expert) 24 December 2012
To get desired information, you have to file writ petition before the high court.
R.K Nanda
(Expert) 24 December 2012
no more to add.
Raj Kumar Makkad
(Expert) 31 December 2012
Consumer fora shall provide you compensation only. Better either to file petition before the SIC seeking execution of their order under section 20(1) of RTI Act or file writ petition before high court.
Thyagarajan
(Querist) 31 December 2012
Dear Mr. Raj Kumar
On his version PIO has since provided the information and said the for reasons of administrative delay he could not provide the full information earlier and had prayed the petition can be closed with maximum of Rs 500 penalty including cost.
While I am not averse to accept his prayer on penalty issue, the information though supplied in full , suffer from "imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”,which CP Act , defines as "deficiency" in Section 2(1)(g).
I can prove with available record, during the pendency of this petition, that the said information is deficient as stated above. Can I agree for closure of the present petition with prayer to the Consumer Forum to confer liberty to me to file a fresh petition before itself with Corporation as opposite party (not PIO) on grounds of deficiency in service?
Raj Kumar Makkad
(Expert) 31 December 2012
You need not to bow to the demand of the opposite party rather continue the petition till its logic end.
