Order below section 36(2) of Consumer Protection Act 2019 in CC/22/142

 Per M.P.Kasar, Member          

Heard Complainant in person. Perused Complaint filed by the complainant and document annexed along with complaint at the stage of admission of complaint below section 36(2) of CPAct.

It has been  observed from the perusal of complaint that , complainant alleged that,this complaint is for service deficiency under section 42 of CP Act 2019 and infair trade practice against opposite party under RTI Act 2005 for not holding FAA  hearing with complainant and passing order under RTI Act 2005 .From the perusal of letter dated 31/8/20 which complainant himself has annexed at the complaint issued by CPIO department of posts India  in which it it has mentioned and informed the complainant  by written reply and also informed that, No such information is available in material form as per section 2(f) of RTI Act..

We refer here one judgement passed  by Hon’ble Central Information Commission in the case of Akhi Anil Mody v/s National Consumer Dispute Redressal Commission CPIO dated 19/8/20 in which it has been held that, ‘It is clear that, the information which is available on record with the respondent public authority can be provided to the RTI applicants. No further intervention of the commission is required in the matter’

Averment of complainant i.e. without hearing being held as per appeal made to FAA ORDERS ARE GOING ON UNDER rti Acts 2005 and etc is not tenable .So opposite parties cannot be held liable in regard deficiency in services or opposite parties adopted unfair trade practices towards complainant as interpreted in section 35(1) of CP Act 2019 we are of the opinion that present complaint cannot be admitted against opposite parties below section 36(2) of CPAct 2019 at the admission stage.

                                            ORDER                                          

1)CC No.22/142 is hereby rejected against opposite parties below section 36(2) of Consumer Protection Act 2019

2)No order as to cost.