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Abhay Kumar (Central Government Officer)     12 December 2011

Wrong information provided by cpio

I applied for some information under the RTI act to the CPIO of a PSU. I had asked 10 questions and the CPIO has refused to reply some of them stating that the information is personal and hence is exempted. To some straight forward questions he has refused to reply stating that the question is not clear...While there are few questions to which he has provided wrong information (I have documentary proof that the info provided is wrong)...kindly guide me whether I should file an appeal or go to consumer court???



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 7 Replies

subodhkumar (proprietor)     12 December 2011

hello,

ramesh singh,

you have to file the appeal first no consumer court at all, first appeal

kiran (student)     13 December 2011

yes you can file complaint in consumer forum, alleging the service deficiency.

G.L.N. Prasad (Retired employee.)     30 January 2012

Sorry, You cannot approach Consumer Forum at present as there is remedy of appeal under Sec.19 of RTI Act, as decided in National Forum.

Now, prefer First appeal specically quoting incorrect informtion and then go for Final appeal. as Sec.19 and Sec.20 can offer remedy of disciplainary action, penallity against concerned PIO.

If you are lucky the National Forum decision may get overruled once again as PIL is coming for hearing on 31st.

Advocate Bhartesh goyal (advocate)     07 February 2012

You have remady under R.T.I Act so you can not file complaint under the provisions of C.P.Act. File appeal u/s 19 of R.T.I.Act.

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Abhay Kumar (Central Government Officer)     08 February 2012

Thanks a lot sir for the reply you provided...

Section 19 of the RTI act provides remedy in case satisfactory reply is not provided...moreover appeal under section 19 is to be filed within 30 days of getting information from CPIO...but in case I find at a later stage say after one year  later that the information provided to me was wrong...and the CPIO is not ready to consider my appeal saying it should have been filed within one month...mean while in case I have incurred financial loss by virtue of wrong information...then what is the remedy??? Please guide me on this matter...

kiran (student)     08 February 2012

Dear Singh,

You can file complaint inConsumer court for non furnishing, incomplete and misleading information provided by PIO under section 12 of CP act. 

Even though the apeeal is provided in the RTI act the jurisidriction of Consumer forum is not barred by law, Please refer to Section 3 of CPA 1986.

G.L.N. Prasad (Retired employee.)     08 February 2012

You can file an application for condoning delay and take a chance, if FAA feels that the reason is genuine, you may be lucky.  Otherwise you can file another fresh  RTI application.


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