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RTI Fees Paid - THEN YOU BECOME A CONSUMER

Page no : 3

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     18 December 2010

Raj Kishore Vaish :


let me be more specific :

 

1.  I do not like you .... THAT IS FOR SURE.   (Kindly give me some reasons or suggestions, as to why should I like you and for what ? )  In my perception, you have been irritating the various forum members by scores of useless "private messages" and emails and legally useless posts.

 

2.  Further, I do not like ANYBODY .... THAT IS ALSO FOR SURE.

 

3.  Further, the only people I like & dote are my own Parents, Brothers, Sisters, Relatives, Friends and my close circle, with whom I have like-minded feelings.

 

4.  It is also true that I do not like people who DO NOT endorse Corruption and other nuisance of the world, since each and everybody including the Gods and whatnots indulge in corruption from their birth AND THEN BEHAVE AS IF THEY ARE THE SWEETEST PERSON IN THE WORLD.


Keep Smiling .... Hemant Agarwal

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     18 December 2010

Originally posted by :ShriGopal Soni
"

It is always the forces of evil that are defeated ultimately.

Though those fighting against injustive have consistently struggled ,suffered and had to make sacrifices

Yet,we are lving in a democratic India having a reasonable  freedom of expression because of them.

"

ShriGopal Soni :

 

Personally, I think you are getting carried away sub-consisciously with the above Hallucinated theory.

 

In ANCIENT & even current times,  "THE FORCES OF EVIL ARE   "R A R E L Y" defeated".  The ratio of defeat is heavily in favour of the Evil Forces AND it is the Non-Evil elements, who are defeated 90% of all times.

 

Keep Smiling .... Hemant Agarwal

RAJ KISHORE VAISH (TEACHER CITIZEN OF INDIA)     18 December 2010

VERY

           VERY

                      THANKS

                                        TO

                                                  HEMANT JI

                                      FROM:-RAJ  KISHORE VAISH

                                            

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347)     21 December 2010

Dear Hemant Ji,

I read your reply for Raj Kishor Ji, there is a doubt that - only no-reply from PIO may be complaint with Consumer Forum under "deficiency in service" why not  "wrong information"  ?  which is also attract penalty under RTI Act.     Main aim should be to provide justice to citizen of India.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 December 2010

1.   The component of deciding whether the  INFORMATION  is  "Rght or Wrong",  rests with the competent authority (viz.  the FAA and the CIC / SIC), at the time of hearing.   The CPA is not going to deliberate on the "Right or Wrong" component of the Information IF the FAA & CIC/SIC passes an order noting that PIO's information provided was wrong or false,  THEN the issue may be covered within the parameter of   deliberate "deficiency & negligence" under the CPA.


2.  However, in the light of the earlier CPA judgement by the NC,  it would also be worth persuing the matter under CPA (after the relevant order of CIC/SIC stating that the INFO provided is wrong/false). AND of course claim sure-shot compensation for "deliberate and malicious mental harrassment", under the CPA, which is not available under the RTI.


Keep Smiling .... Hemant Agarwal

1 Like

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347)     21 December 2010

Thank U Sir.

DR.SANAT KUMAR DASH (Eye Specialist)     11 January 2011

Hemant   Ji,

                           If   one   RTI   application    sent   to   the   PIO   on   6th    Jan   by   Speed  Post   &   the   PIO   will   receive   on     8th   Jan..............Then     the     PIO       will    ask    for      money   on    3rd   Feb   without   any   calculation   sheet   as    per    RTI   Act,2005     &     post   the   letter   on   5th   Feb    to   the   RTI  applicant,   who    will   receive   on   8th   Feb.    What    shall  be    position???   Whether    the    action   of   PIO     will   be   treated   as   deficiency    in   service   or   not??   

                           As   per   RTI   Act,2005,   the    PIO     must   give    information    within   30  days.  In   this   case.................what   will   be    the      position     of   the     PIO??




 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 January 2011

Dr. Sanat,

 

In the instant issue, the PIO has effectively replied  "WITHIN"  30 days.  The despatch  "outward"  register at the PIO's will prove that PIO despatched reply  "within"  30 days.  The appellate authority and 2nd appellate authority (SIC / CIC)  will condone the  postal delay (usually approx. 5 working days). 

 

Hence by the above logic, the PIO cannot be held guilty of "negligence or deficient" in his services, since he replies that information is ready and that so and so amount may be deposited for the information pages.  By doing so, effectively the PIO transfers the ball in your court, to deposit the amount (within 30 days) else the RTI application will be deemed to have been disposed off, without right to further appeals.

HOWEVER, if the PIO does not reply  AT ALL  (total all within 30 days  plus condonation delay of further 5+ days),  THEN the PIO can be held conclusively guilty of  "derelection of duty"  under the code of conduct of his service rules,  which in turn in Consumer Court  (CPAct)  parlance would mean  "negligence and deficiency"    which also conclusively translates into punishment to the PIO u/s 20(1) and u/s 20(2) of the RTI Act.

 

Follow this procedure, for  "constructing"  a case against the PIO under the CPAct.
1.  File RTI application with appropriate stamps, addressed to the proper PIO.  Obtain due acknowledgement on photocopy of RTI application + the stamps affixed on the application.
2.  Write a reminder letter, attaching photocopy of RTI application,  to the PIO on the 25th day & obtain due acknowledgment.
3.  Wait for 30 days plus 5+ days, from original date of filing RTI application, but maximum of 50 days.
4.  Always mention your phone number in all applications and letters to the PIO.
5.  Your case is CONCLUSIVELY RIPE enough for the Consumer Court,  IF THE PIO STILL DOES NOT REPLY TO YOUR RTI APPLICATION.
6.  Alongwith above, file first appeal application, too.

 

Keep Smiling .... Hemant Agarwal

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     04 March 2011

5 cr for Aussie crippled by fall in Delhi hotel pool

(times of india, mumbai edition dated 04-02-2011, @ page no. 01)


New Delhi: In one of the highest damages awarded to an individual by an Indian court, the Delhi high court on Monday granted nearly Rs 5 crore as compensation to an Australian swimmer who became paralyzed from the waist down after slipping in the swimming pool of an ITDC hotel in the capital 33 years ago.


Susan Leigh Beer was 18 when she slipped on the algae-lined floor of the swimming pool at Akbar Hotel after she jumped into its shallow end. The accident gave her a massive gash in the head, and crippled her for life.      Responding to the court order from her home in Australia, Susan told TOI, “It’s been a frustrating, difficult and long struggle for us all. Let us pray this will be the end of this nightmare.”


   Holding the Indian Tourism Development Corporation Ltd, which managed the hotel, guilty of negligence, Justice B D Ahmed said Beer was entitled to Rs 1,82,00,000 with simple interest at the rate of 6% per annum from January 22, 1982 till the date of the decree, and future simple interest at the rate of 10% a year till its realization—a sum of roughly Rs 5 crore.
  


ITDC’s plea of victim’s    negligence rejected

New Delhi: Thirty-three years ago, 18-year-old Susan Leigh Beer, a member of the Queensland polo team, had come to India on holiday with her parents and brother. During that trip, a jump into a pool at an ITDC hotel in Delhi left her paralyzed after she slipped on its dirty floor. On Thursday, the Delhi HC awarded Beer roughly Rs 5 crore in damages. “It is clear that it was on account of the defendant’s (ITDC) negligence that the floor of the swimming pool was slippery due to which the plaintiff suffered injuries,” the bench said. It took into account that Susan became quadriplegic after receiving head and spinal cord injuries. Her case was pursued by the Australian legal aid services which hired senior advocate Madan Bhatia and Anup Kumar Sinha to argue their case in Delhi.

HOW IT WAS CALCULATED :
The court calculated Rs 50 lakh towards damages for physical pain, mental and psychological anguish and loss of education, and Rs 1.27 crore on account of damages for loss of earnings for the rest of her life. It rejected ITDC’s plea that she suffered injuries due to her own negligence. “She merely jumped into the pool in the shallow end as she may have done on hundreds of occasions, being a person more than accustomed to swimming and one who had spent hundreds of hours in and around swimming pools,” it said. TNN
 

1 Like

(Guest)

Thanks for information.


(Guest)

***

 

03 March 2011, 07:27  

Hemant AgarwalI am Online

ha21@rediffmail.com Mumbai : 9820174108



[ Scorecard : 1566]


Thank the Contributor

Send PM


 

this is reproduced here again, since the author keeps on harping about Buddhism and comparing the National flag with Buddhism.

 

1.  There is no such thing as  RELIGION  OR  GODIt is a pervert's hallucination.   Social PERVERTS dream / weave  up  stories making  scores of RELIGIONS & GODS.   RELIGION & GODS are perverted intuition of sooth-sayers sweet-poison to humanityIt is obesity of the brain.


2.  EACH such social perverts, then tries to propogate / harp on the goodness of such hallucinated RELIGIONS & GODS, to other social perverts,  who by default are gullible enough to follow such scores of RELIGIONS &  GODS,  due to their own Apathy towards their own lazy life.  It is Attention Deficit Disorder (A.D.D.) of useless & defective person.


3.  Propogating RELIGIONS & GODS,  is a social & moral PERVERTED CRIME against Humanity (Country, Society or whatever,  ALL included).  Propogators of Religion & Gods are social criminals.  Justifying RELIGION & GODS , Shouting Equality & Hiding behind Equality, in the name of Religion & Gods, portrays nil character, portrays incapacity, portrays weak will, promotes  aggression & violance, destroys love & peace.


4.  NATURE never intends anybody to be Equal.  Nature intends everybody to be different, according to its own capacity and endurance.  Asking a strong person to be equal to a weak person, is a perverted thought.  Asking a Poor person to be equal to a Rich person, is equivalent to asking a AIDS patient to be equal to a Hernia patient.


ALL EVILS IN THIS WORLD IS THE RESULT OF PROPORATING RELIGION AND GOD.  Behaving softly with the family members & friends and stop drinking patiala pegs, will automatically negativate the need of RELIGION & GODS.


QUOTE :
 “Religion is an insult to human dignity. With or without it, you would have good people doing good things and evil people doing evil things.  But for good people to do evil things, that takes religion.” - by Nobel Laureate physicist Steven Weinberg.


Keep Smiling .... Hemant Agarwal

***

@Hemant Agarwal

ha21@rediffmail.com Mumbai : 9820174108

Asking a Poor person to be equal to a Rich person, is equivalent to asking a AIDS patient to be equal to a Hernia patient.”

Keep Smiling .... Hemant Agarwal

 

*****

“Dear Hemant, as you are smiling on poor people and calling them AIDS patients, one day some of these poor will enter your house and give kicks on your back and will take their share which you are grabbing. Please don't make a call to them otherwise it will happen very soon.”

***

kiran (student)     31 July 2011

SIR,

In +2 examination,

the education board has stated that the answer scriptts of candidates should be taken by remmiting fees in specified time. We applied for answer scriptt under RI after the Specified period. NOW, THE BOARD IS TELLING THAT THE ANSWER SCRIPT CANNOT BE GIVEN>>>>.

PIO HAS DENIED THE INFORMATION, STATING THAT IT IS TO BE TAKEN IN SPECIFIED TIME AND NOT IN THE RTI, THEY HAVE NOT MENTIONED ANY OF THE REASON MENTIONED IN SECTION 8 and 9 OF RTI ACT.

THEREFORE< CAN THESE BE QUESTIONED IN CONSUMER FORUM.

ravi shankar sharma (advocate)     02 August 2011

Dear Mr. Hemmant,

I am very much delighted to have such a very useful information and thanks for sharing it with us.

Regards,

ADV R S SHARMA

Surendera M. Bhanot (CEO)     29 September 2012

Dear Hemant

What is your reaction on the latest judgement REVISION PETITION NO. 4061 OF 2010 of NCDRC dated 31 March 2011 Attached) declaring that TI Applicant is not a Consumer as RTI Act is a complete code itself and provide the remedy of compensation therein. 


Attached File : 706461508 ncdrc - rti applicant is not a consumer under cpa - 31-3-2011 (1).pdf downloaded: 40 times

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