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Page no : 4

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 national consumer disputes redressal commission in 4061of 2011.doc downloaded: 59 times

S. K. MISHRA (RTI Activist & Accountant Mob. 09872439347)     29 September 2012

Dear Sir,  Despite have remedy to RTI Applicants u/s 19(8)(b) of RTI Act 2005 for any loss, Compensation for injustice, harassment, and mental agoney is not available in RTI but available only under CPA.  Ruling in RP 1975 that RTI Applicant is a consumer under CPA is well discussed and final u/s 24 of CPA as no appeal preferred against this order. It is the NCDRC who have to decide what is final ?  Judgement for RP 1975 or RP 4061.  To discuss the same one another RP/3146/2012 is under consideration of NCDRC (Sanjay kumar mishra Vs Public Information Officer O/o State Information Commission Punjab Chandigarh and others.) for which returnable Notice has been issued to OP's for 21st Feb. 2013.  Let us see another judgement of NCDRC after RP 1975 and RP 4061.

Surendera M. Bhanot (CEO)     29 September 2012

Sajay this thread is conveyibg stale information. That's why I have posed this question to Hemant. I was expepecting you to  reply. 

The latest position is that the issue is under NCDRC scrutiny yet again in your case. Till Now almost all State Commissions are denying that the RTI Applicant is a consumer. That's why you have to move to NCDRC. 

How it depends upon the NCDRC to issue fresh directions.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     29 September 2012

MY PRESENT PERCEPTIONS (besides the  "KEY POINTS" on page no. 3 of this post (thread)

1.   The said order of NCDRC NO. 4061 OF 2010 is  "CONTRADICTING"   it own order by NCDRC in matter of  REVISION PETITION NO.  1975 OF 2005 (DR. S.P. THIRUMALA RAO case)
The above order is attached herewith.  Important parts of the order, is  highlighted, for easy reference.

2.  By doing the above, the NCDRC has exceeded its jurisdiction.    The appeal on the same or any directions on the same NOW can be done only thru a SLP in the SC.  Till then,  "technically" now all orders after 1975 of 2005, on the  "same issue"   is null and void.

As my uncle says, "The Law is an A S S"

Keep Smiling .... Hemant Agarwal

Attached File : 920117927 ncdrc 1975 of 2005.doc downloaded: 62 times

Surendera M. Bhanot (CEO)     29 September 2012

The whole scenerio of RTI Applicant as a Consumer has changed in view of this order dated 31.03.2011 of the NCDRC and the various State Commissions are allowing the appeals against the orders of the DCDRFs. Even now the DCDRFs have started refusing to even receive the complaints of the RTI Consumers. This new revelations were not in the thread earlier and the innocent and unsuspectionf viewer (would be complainants) of this threas could have easlily mislead into believing that they are consumers.

The fact is that till any new order of higher bench of NCDRC or the Supreme Court comes, the fact is that the RTI Complainant is not a consumer. 

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