PL TELL ,IS IT POSSIBLE TO COMPLAINT TO HUMAN RIGHTS COMMISSION AND CONSUMER COURT
AT THE SAME TIME ON SAME ISSUE.?
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 August 2012
No. you can not on the same case.
SACHIN AGARWAL (ADVOCATE) 16 August 2012
Both can be filed at the same time.
GOUTAM ROY (not applicable) 16 August 2012
thanks to both of you. but i am confused.please discuss the matter in detail.
b man (Namaste) 17 August 2012
Please share some more details about your case.
Personally I can’t understand how an issue which concerns HUMAN RIGHTS, also concern a CONSUMER COURT.
Do enlighten me in this regard.
P.S: I’m not a lawyer.
GOUTAM ROY (not applicable) 17 August 2012
dear b man,
this is due to violation of rti 2005 act, which causes for attract ,by HR AND CONSUMER LAW .
thanks for showing interest.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 August 2012
In case of violation of RTI Act, can approach appeal to the higher authoriies but not to the courts.
b man (Namaste) 18 August 2012
If you have not received the information that you have sought through RTI Act, you can appeal to the FIRST APPELLATE AUTHORITY within 30 days.
You cannot approach HUMAN RIGHTS COMMISION or CONSUMER COURT with regards to RTI.
P.S: I'm not a lawyer
GOUTAM ROY (not applicable) 18 August 2012
the applicant is a consumer u/s 2(i) (o) of the c. act national consumer dispute redressal in revision petition no1975( in appeal no 244/04) has ordered it. similarly nhrc has also ordered, these are all latest development.so please check.
and convey . thanks
G.L.N. Prasad (Retired employee.) 05 September 2012
Since 1-4-11 ( may be some months later) Consumer Forums are not admitting complaints for not furnishing of information filed by RTI applicants. Not even one appeal before SC nor revision petitions before NC were admitted. The extract given by Hon. Judges is uniform in all Forums and the following is the extract given in most of the cases. (dismissal before admission of complaint)
"We may state the information sought for under RTI Act can not be termed as "Service' nor the complainant a 'Consumer' vis-a-vis opposite party in order to attract the provisions of consumer protection act to ventilate grievance. As far as non-furnishing of information, under RTI Act is concerned the
National COmmission in T Pundalika Vs. Revenue department (service division) Govt., of Karnataka in RP No.4061/2010 decided on 31-3-11 observed
Petitioner cannot be claimed to be a consumer under the Consumer Protection Act., There is a remedy available for him to approach the appellant authority under Sec. 19 of RTI Act.
This decision is not available in Nationa Commission website as revision petition was dismissed in admission stage. I do not know when, where and who stated that furnishing of information is not a service and complainant not a consumer to attract provisions of RTI Act.
Still members are under the impression that RTI applicants are consumers but after T. Pundalika judgment National Commission reversed the stand.