Guest Post by J. P. Shah Junagadh [Gujarat]
COMPLAINT
BEFORE THE HON’BLE DISTRICT CONSUMER
DISPUTES
REDRESSAL
FORUM AT _______________
In
RE: Consumer Complaint [C.C.] No. ______ of ______[ for office use]
In
the matter of:
[Mention
your name and address]……………..................................Complainant
Versus
[Mention
designation of head of office /organisation and his address]
………………….................Opposite
party No. 1
SPIO/CPIO
[Mention office address of SPIO/CPIO]
........................................
Opposite party No. 2
Compaint
under section 12 of The Consumer Protection Act 1986.
The complainant above named
most respectfully showeth as under;
1.
a. That the Complainant is a [mention your occupation e.g. Professor at ____
College or Manager of a private company or doctor having private practice etc]
b.That
opposite party No. 1 is a [mention brief details of opposite party e.g.
Public
Sector Bank having Head Office at ______or is a department of Gujarat State Govt or University under
Karnataka State law etc]
c.
Opposite Party [OP] No. 2 is the SPIO/CPIO of OP No. 1
2.
That brief facts of complaint are as under:
2.1
That the complainant had filed an application dated _______ under section 6.1 of The Right to Information
Act 2005 [RTI Act for brevity], seeking certain information. It was received by
the opposite party on or about [date]_______. Filing fee of Rs. ___ was paid
through prescribed stamps/postal order. Photocopies of RTI application, postal
receipt of mailing and acknowledgement are attached herewith.
2.2
That the SPIO/CPIO of the OP did not supply information nor replied within
period of 30 days as mandated u/s 7.1 of RTI Act till filing of this complaint.
OR
2.2
That the SPIO/CPIO of the OP supplied incomplete / irrelevant / defective
information vide his letter No. ______ dated _____ [photocopy enclosed].
Following are the defects in information supplied:
a.
Information is supplied beyond period of 30 days mandated under RTI Act.
b.
Inspection of record is not permitted though requested in RTI application.
c.
Query wise deficiencies are attached herewith as per annexute to this
complaint.
3. That thus there has been gross deficiency
in service and / or supply of defective information by the opposite party. [delete
inapplicable]
4. Complainant had served consumer notice
dated ______ on opposite parties. Photocopies of notice, proof of mailing and acknowledgement
are attached herewith.
5. The complainant is a consumer under Section 2(1) (o)
of The Consumer Protection Act. Hon’ble National Consumer Disputes
Redressal Commission in revision
petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P
Thirumala Rao v/s Municipal Commissioner, Mysore] interalia decided on 28-05-2009, that applicant under
RTI Act is a consumer under The Consumer Protection Act 1986. [copy is enclosed]
6. That Hon’ble
District Consumer Dispute Redressal Forums as under have ordered supply of
information and compensation to applicants of RTI Act 2005:
a. Decision dated 30.11.2011 of II Addl Bangalore in
CC/1714/2011,
b. Decision dated 19/05/2011
of Faridkot in CC/102/2011.
c. Decision dated 09/11/2011
of Ludhiana in
CC/ 662/2011.
d. Decision dated 25/03/2011
of Tuticorin in CC/59/2010.
e. Decision dated 29/04/2011of
Vizianagaram in CC/ 116/2010
f, Decision
dated 08/09/2011
of Mohali in CC/249/2011
g. Decision dated 28.05.2009 of IInd Addl. Bangalore in
CC/162/2009.
h. Decision dated 20/04/2010
of Mandi, H.P in CC/14/2009.
i. Decision dated 21/05/2009 of Mumbai South in SMF/MUM/301/2009.
j. Decision
dated 24/05/2011
of Nizamabad in CC/41/2010
k. Decision dated 29/11/2011 of Pune in F/564/2010
l. Decision
dated 07/01/2011
of Guntur in
CC/204/2010
m. Decision dated 08/09/2011 of Mohali in CC/249/2011
n Decision
dated 29/12/2011
of Salem in C.C.
NO.54/2011
o. Decision dated 03/02/2011 of Tuticorin in
CC/57/2010
p. Decision dated 24/08/2011 of Medak in CC/10/2011
q. Decision dated 02/12/2010 of Nagpur Addl in CC No. 140/ 2010
r Decision
dated 27/12/2010
of Vizianagaram in CC/ 118/2010
s. Decision dated 21/01/2011of Vizianagaram in CC/
124/2010
t. Decision
dated 11/05/2011of Naupada in CC/
08/2011
7.
That this complaint is within the territorial jurisdiction of the Hon’ble Forum
as the opposite parties have their offices at the addresses mentioned aforesaid. Since
the claim is valued at Rs. ________ it is within pecuniary jurisdiction of this Hon’ble Forum.
8.
That cause of action arose on _______, when said RTI application remained
unreplied after completion of mandated time of 30 days.
OR
on _______[date] when the complainant received defective information from
SPIO/CPIO.
[delete
inapplicable]
and
cause of action also arose when OPs failed to respond to consumer notice dated
______ within time specified therein.
Thus
this complaint is filed within limitation period of 2 years.
8. Complainant has filed first appeal on ______ with
Appellate Authority of OP. Appellate authority has:
a. not replied to appeal till filing of this complaint
OR b. upheld reply of SPIO/CPIO
OR c. any other
reason
[delete inapplicable]
9. Complainant has filed complaint / second appeal to
State Information Commission / Central Information Commission on ________ and
the same is pending as on date of filing of this complaint.
10. Complainant humbly submits that above commission
will not look in to this matter from the point of view of deficiency in service
or breach of consumer rights under The Consumer Protection Act 1986 and hence
there is no bar of duplication.
11.
That complainant humbly prays for following relief and directions:
a.
The opposite party be directed to supply correct and complete information
sought by the complainant. Inspection be also ordered as per RTI Act.
b. The opposite party to pay Rs. 50000/- [ Rs.
Fifty thousand only] to the complainant
for compensation for harassment, mental agony, delay, breach of consumer rights
and expenses of Rs. 1000/- etc.
c.
Any other
relief that this Hon’ble Forum be pleased to grant to the complainant to meet
ends of justice.
11. That for the purpose of fees, the complaint is
valued at Rs. 51000/-and accordingly postal order / bank pay order / demand
draft No ________for Rs.100/- of ________Bank /post office is attached
herewith.
12. That complainant also humbly invites kind attention
of this Hon’ble Forum to important judgement dated 05-11-1993 of Hon’ble
Supreme Court of India in Lucknow Development
Authority V/s. M.K. Gupta [1994 AIR 787, 1994 SCC (1) 243, JT 1993 (6) 307,
1993 SCALE (4)370].
13. That complainant reserves the rights to add, amend
and/or delete any grounds in this complaint as and when necessary.
At ___________[ Place] _____day of _____ 20___
Complainant: ______________
Verification:
I, the
complainant above named, do hereby solemnly verify that the
contents
of above complaint are true and correct
to best of my knowledge
and belief,
no part of it is false and nothing material has been concealed therein.
Verified
this _____ day of _______ 20 __ at ________
[place]
Complainant:
___________
Affidavit
I
______________[full name] age ___ years resident of ______
do hereby solemnly affirm and declare that as Complainant I am thoroughly
conversant with facts and circumstances of the present case and I am competent
to swear this affidavit. The facts contained in aforesaid complaint, contents
of which are not repeated herein for sake of brevity may be read as an integral
part of this affidavit and are correct and true to best of my knowledge and
belief.
This
_____ day of _______ 20 12 at _________
Complainant:
___________
NOTARY
________________________________________________________________________
On
separate paper:
D-
list:
COMPLAINT
BEFORE THE HON’BLE DISTRICT CONSUMER
DISPUTES
REDRESSAL FORUM AT
_______________
In RE:
Consumer Complaint [C.C.] No. ______ of ______[ for office use]
In the
matter of:
[Mention
your full name and address]……………..................................Complainant
Versus
[Mention
designation of head of office /organisation and his address]
…………………...........Opposite
party No. 1
SPIO/CPIO
[Mention designation and office address of
SPIO/CPIO]
........................................ Opposite party No. 2
List of documents in support of complaint
[all photocopies]
Particulars Page No. from-to
1. RTI application dated _______
1 to ___
2. Postal acknowledgement of
delivery.
3. Mailing postal proof
4. Annexure of query-wise defects
5. Notice under CPAct 1986 dated _______
6. Proof of mailing notice
7. Acknowlegement of delivery of
notice
8. Reply dated _______ of SPIO/CPIO [if
any]
9. Reply of first appeal [if any]
10. Copy of judgement dated 28-05-2009
of
hon’ble NCDRC in revision petition No. 1975
[in
appeal No. 244/04 ]
Complainant
Short guidelines:
1. Please type on ledger paper in double space after making necessary
changes to suit your case.
2. It has to be filed with Consumer Forum [Court] of the district where
office of opposite party or spio/cpio is situated.
3. Attach papers as per D list and serially number on right hand top in
a circle.
4. Filing fee up to claim of Rs.100000/- [Rs. One lac only] is Rs.100/-
payable by postal order or bank pay order or demand draft in favour of
“President, District Consumer Disputes Redressal Forum, _______ [place]”
payable at the place where complaint is being filed.
5. Complaint has to be notarized.
6. Submit in original + 4 photocopies. Retain one set for your record.
7. Complaint has to be filed within 2 years of cause of action as stated in complaint.
8 Please visit following websites for further guidance and addresses
etc:
9. Non advocate friend who is well
worsed in consumer and RTI can also represent or assist you at forum. You have
to just give simple authority letter in his favour.
11. You can send completed set by post
also or get it delivered at Forum through friend or relatative residing at
place of Forum.
12. You may change amount of claim but
Rs.50000/- would be reasonable.
13. Please also visit:
Additional
Remedy
Consumer Notice
http://www.rtiindia.org/forum/blogs/jps50/1217-notice-under-consumer-protection-act-right-information-act.html
