A person seeking information under the Right to Information Act cannot be said to be a consumer vis-à-vis the Public Authority concerned or the CPIO/PIO nominated by it.
The National Consumer Disputes Redressal Commission (NCDRC), the apex consumer forum, has held that “no complaint by a person alleging deficiency in services rendered by the CPIO/PIO is maintainable before a Consumer Forum.”
A Bench presided by Justice Ajit Bharihoke, Justice V.K. Jain and Dr. B.C. Gupta said the RTI Act is a complete code in itself ousting the jurisdiction of civil courts.
On the argument that the appellate authorities under the RTI Act cannot award compensation for deficiency in services rendered to the complainants, whereas the consumer fora can, the NCDRC said: “It is not necessary that the legislature has to provide for grant of compensation in every case of deficiency in the services rendered to a consumer.”
“The legislature has empowered the Central Information Commission/State Information Commission, as the case may be to impose penalty upon the errant CPIO/PIO besides recommending disciplinary action against them,” it said.
The Bench passed the order on a string of similar petitions and applications, wherein people had claimed compensation from the Public Information Officers of various public authorities across India on varying grounds, like delayed or unsatisfactory information, etc.
One of these petitions was filed by the Bar Council of India against an advocate, who preferred a first appeal aggrieved on account of incomplete information supplied to him. The advocate approached the district forum by way of a complaint which ruled in his favour. The BCI’s appeal was dismissed by the State Consumer Forum, forcing it to move the NCDRC.
In another petition, a woman had moved the consumer forum against the PIO of Karnataka State commission.
The NCDRC also held that mere payment of consideration in the form of fee and additional fee coupled with supply of information under the RTI Act is not conclusive of the issue involved.
“...the RTI Act is a complete code in itself, which provides an adequate and effective remedy to the person aggrieved from any decision/ inaction/ act /omission or misconduct of a CPIO/PIO,” NCDRC said.
“Not only does the Act provides for two appeals, it also provides for a complaint to the Central Information Commission or the State Information Commission, as the case may be, in a case where the CPIO/PIO does not give his decision, on the application, within the prescribed time. If a person is still aggrieved, he can approach the concerned High Court by way of a writ petition,” it said.
“It is not necessary that the legislature has to provide for compensation in every case of deficiency in the services rendered to a consumer”
