I asked certain set of question from DHBVNL, Faridabad through RTI and I never received therir response then I forwarded that case to SIC, Haryana. The SIC asked DHBVNL that why they didn't send response to me. The PIO of DHBVNL produced a spped post slip to SIC and said that it should be proven through the Speed Post Slip that DHBVNL has sent ansers to me which I never received.
So I want to know that is DHBVNL agrument is legal and valid or not.
Ranjeet Singh chauhan
(Querist) 20 July 2010
Hi, I filed RTI with DHBVNL (electricitydepartment)on march and I didn't receive anyreposefrom them. I approached to State Information Commission, Haryana. SIC asked DHBVNLto reply on this.
The DHBVNL produced the speedpost slip and said that it is the proof that they have send reponse on that request in stipulated period as is mentioned in RTI Act 2008 which I have never recived.
There could be two reasons that I have not received reply of the same dispite the fact that DHBVNL has sent the response to me:
One, The address on the Sppedpost could be wrong.
Two, the Postman delivered it outside the home from where someone has picked that up and misplaced (could be the child or our neighbour)
So Legally am I be charged with misusing if RTI act or not.
(Expert) 20 July 2010
Please note that a speed post slip is only a proof of posting , but not proof of delivery. Proof of delivery(pod)in the form of acknowledgement OR a copy of proof of delivery which can be tracked in the site http://services.ptcmysore.gov.in/Speednettracking/ OR a letter from the postal authorities that the letter had been delivered to the proper addressee alone are recognised by the courts. The argument of DHBVNL is not valid .
(Expert) 20 July 2010
KINDLY NOTE THAT SPEED POST A.D. ,YOU WILL GET BACK ACKNOWLEDGEMENT .IF NOT YOU CAN SUBMIT APPLICATION TO THE SAID POST OFFICE AND GET IT CERTIFIED THAT THE LETTER SENT BY SPEED POST WAS DELIVERED.YOU MAY CONFIRM ON THE OFFICIAL WEBSITE ALSO. KINDLY NOTE THAT RESTRICT YOURSELF TO YOUR PURPOSE ONLY.YOU CAN PRODUCE SAID CERTIFICATE OF POST IN COURT IT IS LEGAL AND PROOF OF SERVICE.PLEASE NOTE.KINDLY DO NOT SPEND YOUR VALUABLE TIME ON UNNECESSARY DETAILS PLEASE NOTE. GOOD LUCK.