Bihar

Muzaffarpur

CC/02/2015

Sanjay Kumar Mishra - Complainant(s)

Versus

Public Information Office-Cum-D.T.O. - Opp.Party(s)

Sri Binay Kumar Singh, Gajendra Pd. Sinha & Sanoj Kumar

19 Sep 2015

ORDER

District Consumer Forum, Muzaffarpur

Complain Case No. – 02/2015

1. Sanjay Kumar Mishra, (Advocate) Village + P.o. – Jagdeshpur Baghnagar through Seloth,  P.s.–Sakra, District-Muzaffarpur…………….Complainants 

V/s

1. Public Information Officer –Cum- D.T.O., Hajipur Vaishali,    P.S. – Sadar, P.O. – Head Post Office, District- Vaishali (Bihar) …….....…………Opposite Party.

Date of order- 19-09-2015

                                                                                                  Present.

1. Shri Govind Prasad Singh

                                                                                                                        President,

       Consumer Forum Muzaffarpur

2.  Smt. Archana Singh

      Member

       Consumer Forum Muzaffarpur

 

For Complainants- Sri Binay Kumar Singh, Gajendra Pd. Sinha & Sanoj Kumar,          

                                 Advocates

For Opposite party- Not appeared.

Order

                        The complainant has filed this case for his claim of Rs. 1 lakh which causes and arises from financial & mental harassment by not acknowledging the information from RTI. He has further claim interest @ 9% over the said amount.

The case of the complainant appears from complaint petition dated      06-01-2015 supported with an affidavit that he had wanted to know the detail of vehicle bearing no. BR31F-9653 regarding the name of owner and his address by his RTI petition dt. 17-07-2014 for which he has given prescribed fee Rs. 10/-. But he has not been informed till filling the case. Accordingly he had served the legal notice for not giving information by the O.P. he has served the financial, mental harassment of Rs. 1 lakh and has submitted that the act of O.P. will come under the discrepancy against the consumer complainant and he is entitle for damages.

The complainant has filed Xerox copy of RTI application dt. 17-07-2014, postal registered receipt dt. 18-07-2014, legal notice dt. 06-01-2015, postal registered receipt date not clear, counter foil of postal order of Rs. 10/- dt. 17-07-2014.

In this case O.P. send a letter through registered post directed to the district forum and has given the total information as required by the complainant which is received on 29-01-2015 available with the record.

The learned lawyer on behalf of complainant has relied on decision passed in revision petition no. 1975/05 in which the National Consumer Dispute Redressal Commission New Delhi, has passed the order on dt. 28-05-2009 and the learned lawyer wanted to take benefit of this decision. After going through the aforesaid decision it appears before us that the said decision is not helpful to the complainant only he has got the valid cause of action for non supply of information as he is consumer for the said act and the honourable National Commission has only given the damages arises at the front of clinic of physician doctor in that case. He had not been compensation for loss of not giving information through RTI. The National Commission has not given any relief otherwise, regarding the deficiency in service by not giving information through RTI. This case is based on different footings and not helpful to the complainant.

Considering the facts and circumstances, material available with record as well as allegations of respective parties firstly it appears before us that O.P. belongs from other district having his office in District Vaishali at Hajipur from where the complainant wanted information through Regd post which is beyond the territorial jurisdiction of this forum, the cause of action arises to the complainant is certainly within the jurisdiction of Vaishali not to the territorial jurisdiction of this forum. As such on this score the case of complainant is not maintainable and tenable and liable to be dismissed.

Accordingly the case and the same is dismissed with cost.   

 

Member                                                                                  President