Whether an rti applicant is a consumer?

High court order is binding on all.

In my view, it is a settled principle of law that where there is a separate remedy under a special Act, the jurisdiction of the Consumer Forum is barred. The Right to Information Act, 2005 is a social welfare legislation and is a special law under Section 41 of the Indian Penal Code, as far as the penalties provided under Section 20 of the Act are concerned. The Consumer Forum, which have been constituted under the Consumer Protection Act are not expected to encroach upon the functions of the central public information officers or that of the state public information officer, designated by the Public Authority, under Section 5 of the Right to Information Act, 2005. Rather, every such Central or State Public Information Officer shall deal with requests from persons seeking information and render reasonable assistance to the persons seeking such information. Rti complainant does not fall into the category of a “consumer” as defined in section 2(1)(d) of the Consumer Protection Act, 1986 and the complaint filed by the Seekers of Information before the Consumer Fora is not maintainable.

the latest  order of higher forum is  binding on the lower forum

National Commission has given two conflicting judgments.  The same National Commission observed in  Revision Petition No. 2916 of 2008 — NCDRC Bar Association (Regd.) vs. Davinder Malhotra & Ors.  as under: “if there are conflicting decisions rendered by the National Commission, the State Commission may decide the matter appropriately accepting one or the other judgement.”  The decision is reproduced below.

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW  DELHI

REVISION  PETITION  NO.           2916          OF         2008

(From the order dated 4.4.08 in Appeal No.183/07 of the State Commission, Delhi)

NCDRC Bar Association (Regd.)                                     …            Petitioner

Versus

Davinder Malhotra & Ors.                                                   …            Respondents

BEFORE :

                                HON’BLE  MR. JUSTICE  M.B. SHAH,  PRESIDENT

                                HON’BLE  MR. JUSTICE  K.S.  GUPTA,  MEMBER

                                HON’BLE  MR. JUSTICE  R.C. JAIN,  MEMBER

For the Petitioner                 :               Mr.R.P. Bhatt, Sr.Advocate with

                                                                                Mr.J.B. Mudgil, Advocate

18.07.2008

O R D E R

                Prima facie, it appears that the State Commission forgets that, in addition to the appellate and revisional jurisdiction under Section 24-B of the Consumer Protection Act, National Consumer Disputes Redressal Commission  (hereinafter referred to as the National Commission for brief) is having supervisory jurisdiction over consumer fora in the country.   This should be remembered by the State Commission before commenting that the orders passed by the National Commission are not binding to the Delhi State Commission.  Hence, unless there is a contrary judgement by the Apex Court, the State Commission is bound to follow the decision rendered by the National Commission.  Further, if there are conflicting decisions rendered by the National Commission, the State Commission may decide the matter appropriately accepting one or the other judgement. 

                Further, the State Commission must remember that constitution of Bench before the National Commission is absolutely within the jurisdiction of the President of the National Commission and the Benches are to be constituted on the basis of power conferred under Section 20 of the Act.  The State Commission has no business to interfere and criticize whether the constitution of Bench is justified or not.

                In view of the above, Notice to the parties returnable on 28^th August 2008. 

Meantime, observations made by the State Commission in the impugned order are stayed because it may lead to indiscipline and insubordination with other consumer fora.

Registry is directed to call for the record of this matter from the State Commission.

……………………………….J.( M.B.  SHAH)

PRESIDENT

  ………………………………J.(K.S. GUPTA)

MEMBER

           ……………………………….J.(R.C.  JAIN)

MEMBER

/sra/  1  / Court-1