Friday, June 3, 2011

NOTICE UNDER CONSUMER PROTECTION ACT FOR RTI ACT

To,
Head of Public Authority [not to PIO or FAA]

Dear Sir,

Subject: NOTICE UNDER THE CONSUMER PROTECTION ACT

I had sought certain information from PIO of your public authority under The Right to Information Act 2005 vide my RTI application dated __________. Since I did not get reply within stipulated time I filed first appeal dated ______. Copies of RTI application and appeal are enclosed with proof of their mailing.

2. My RTI application and first appeal have not been replied by concerned officers and thus they have grossly violated RTI Act 2005.

3. I humbly add that Hon’ble National Consumer Disputes Redressal Commission, New Delhi has in revision petition No. 1975 [in appeal No. 244/04 relating to complaint of Dr. S.P Thirumala Rao v/s Municipal Commissioner, Mysore] has decided on 28-05-2009 that applicant under RTI Act is a consumer and that non submission of information by public authority amounts to deficiency in service under The Consumer Protection Act 1986.

4. Other District Consumer Forums have also admitted complaints and issued notices under captioned act for non-supply of information under RTI Act 2005.

5. Before I proceed further, I request you to kindly supply or cause to be supplied information sought by me and also pay me an amount of Rs.50000/-[Rs. fifty thousand only], towards damages, compensation, cost, inconvenience, mental agony and tension and breach of my fundamental rights under article 19.1.a of Constitution of India, etc latest within 30 days from the date hereof.

6.In addition to above, I request you to please initiate departmental action against erring officers of your public authority for defiance of law, dereliction of duties and infringement of fundamental rights of common Indian, under service rules of your organization, under advice to me.

7. As Head of public authority, you should not tolerate such bluntant violation of laws passed by Parliament, which will again amount to abetment of violation of laws of the country and rule of law on your part.

8. Please note that this notice and proposed complaint as above are exclusively at your risk, cost, responsibility and consequences and without prejudice to writ which I may file in hon’ble High Court under article 226 of the Constitution for violation of my fundamental rights.

9. This notice may also be treated as notice under section 80 of the Civil Procedure Code

Yours faithfully,


[ __________]

Encls: as above

Copies by UPC to

1. PIO

2. FAA



[to be issued by RTI applicant and NOT BY HIS ADVOCATE]

No comments:

Post a Comment