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Is an applicant under RTI Act is covered under meaning of Consumer in CP Act

(Querist) 05 August 2008 This query is : Resolved 
Sir If the lower as well the appellate authority fails to comply the provisions can an applicant under RTI Act appraoch consumer forum for redressal of his grievance. Does an applicant under RTI Act comes under the ambit of consumer as per CP Act merely because he paid user charges?
K.C.Suresh (Expert) 05 August 2008
NO
Srinivas.B.S.S.T (Querist) 05 August 2008
Then what is the remedy?
Guest (Expert) 05 August 2008
When you go under RTI, the whole matter relates providing information on a fact. In such application you cannot compel the authorities to pass orders, so they are acting only as informers under law, by the authority of a statute.

You cannot become a consumer because the information you seek is Public in nature anybody else also can get the info. There is no contractual obligation as in the case of consumers. It is statutory exercise and not a commercial or even honorary exercise.
GOPI KRISHNA (Expert) 05 August 2008
The available remidy is writ of mamdumus u/a 226 of constitution
Manish Singh (Expert) 05 August 2008
The appropiate remedy is available under the RTI act itself where you can make an appeal to the information commissioner.

Still if you feel it is unjust, you can move the HC under writ.

Since right to information is interpreted as one of our fundamental rights, you can not treat it as buying something but the nominal fees paid by you is just the expenses incurred by the department in providing the requisite info.
H. S. Thukral (Expert) 05 August 2008
If any information is denied to you and you fail to get any response from PIO or first appellate authority then you can approach State information Commission ( if the state has appointed one) or to Central Information Commission.
Srinivas.B.S.S.T (Querist) 06 August 2008
Thanks for the valuable information.
mintu (Expert) 06 August 2008
being a statutory exercise and not a commercial or even honorary exercise, I think you cann't approach consumer forum
Srinivas.B.S.S.T (Querist) 15 August 2008
yes
Srinivas.B.S.S.T (Querist) 06 March 2012
And now applicant can approach consumer forum
Srinivas.B.S.S.T (Querist) 06 March 2012
query resolved


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