Consumer protection: India

Select Language Afrikaans Albanian Arabic Armenian Azerbaijani Basque Belarusian Bulgarian Bengali Catalan Chinese (Simplified) Chinese (Traditional) Croatian Czech Danish Dutch English Estonian Filipino Finnish French Galician Georgian German Greek Gujarati Haitian Creole Hebrew Hindi Hungarian Icelandic Indonesian Irish Italian Japanese Javanese Kannada Khmer Korean Latvian Lithuanian Macedonian Malay Maltese Marathi Nepali Norwegian Persian Polish Portuguese Punjabi Romanian Russian Serbian Slovak Slovenian Spanish Swahili Swedish Tamil Telugu Thai Turkish Ukrainian Urdu Vietnamese Welsh Yiddish

Applicants seeking information under RTI Act

The Times of India

Jan 12 2015

Applicant seeking info under RTI Act is not a consumer

Jehangir B Gai There were conflicting judge ments of the National Commission as to whether an applicant seeking information under the RTI Act would be a consumer or not. Certain two member benches had held that an RTI applicant who pays fees for the information would be a consumer, while other benches held a consumer complaint would not be maintainable since the RTI Act provides its own channel of appeals. Hence, a three member bench was constituted to settle the law.

The National Commission addressed itself two issues. Firstly , whether a person seeking information under RTI Act can be addressed as a consumer. If it is held that he is a consumer, can a complaint be filed under the Consumer Protection Act, or would this remedy be barred by the provisions of the RTI Act.

The Commission observed that an applicant under the RTI Act is required to pay fees along with the application seeking information. Thereafter, at the time of being provided the information, the applicant is charged further fees towards the cost of providing the information.Hence the information is provided on payment of consideration.

However, the legislative intent is equally important. Citizens have a right to know every public act, everything that is done in a public way by their public functionaries, which right is derived from the concept of freedom of speech. The RTI Act has been passed with this objective, so that citizens can access public information. The RTI Act is a complete code in itself, which provides an adequate and effective remedy to the person aggrieved by any decision, inaction, act, omission or misconduct of a Public Information Officer. Not only does the RTI Act provide for two ap peals, but it also provides for a complaint to the Central or State Information Commission, as applicable, in case the information sought is not furnished within the prescribed time. The Central or State Information Commissioner can impose penalty upon the errant Information Officer, and also recommend disciplinary action against him. He can also award suitable compensation to the applicant. If a person is still aggrieved, he can approach the concerned high court by way of a writ petition. In fact, several writ petitions are pending in the high courts against the orders passed by the Information Commissions.

The National Commission observed that it is a settled legal proposition that when a right is created by a statute which also provides for an adequate and satisfactory remedy to enforce that right, a person must avail of the mechanism available under the relevant Act. The Public Information Officer is actually discharging a statutory function and not rendering any services. Besides, section 23 of the RTI Act bars the jurisdiction of courts.

By its order of 8.1.2015, the National Commission concluded that it is not permissible to have two parallel machineries for enforcement of the same rights created by the RTI Act which a special statute. If a consumer complaint is permitted, it would defeat the purpose of providing a special mechanism under the RTI Act.

An RTI applicant is not entitled to file a consumer complaint for deficiency in service. He must follow the appeal procedure prescribed under the RTI Act.