Central Information Commission
Mr.B Mohan vs Ministry Of Chemicals And Fertilizers on 9 August, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2012/000976
Dated: 9.8.2012
Name of the Appellant : Shri B. Mohan
(The appellant was present).
Name of the Public Authority : National Pharmaceuticals Pricing
Authority, New Delhi.
Represented by Shri Jagdish Kumar,
CPIO, Shri A.K. Saha, Director, Shri
Shiv Narain, Appellate Authority.
The matter was heard on : 9.8.2012
ORDER
The appellant Shri B. Mohan during the hearing submits that the issue in his 2nd appeal filed before the Commission is only with regard to the replies provided to him by the respondent in respect of point Nos. 4, 5 & 6 of his RTI application dated 5.8.2011. The appellant had requested for the following information at point Nos. 4 to 6:-
(4) Whether in year 2008, NPPA had detected any cases where formulations were covered by Orders/Notifications already issued by NPPA but which were being marketed at prices higher than the prices fixed by the Government? If so, I seek information with regard to names of these formulations with names of the companies, prices fixed by NPPA for these formulations, prices charged by the company, period of overcharging?
(5) Whether notice for overcharging was issued to the concerned companies for these formulations (Para 4 above)? If so, full details of these notices may kindly be provided to me.
(6) Was there not over charging of prices by the concerned drug companies in respect of Lovsil B. Caps. Blush Caps. Ocufree Capsules, Profeton Z Caps, Kerutin C tablets, Native C 400 Caps, Oxyban Caps, New Mecobione Caps, Becoplex Caps, Allnid Caps,,Hematax Caps, Oxive Caps, Tripoly tabs, Vitrox Caps, Kobal Plus Caps, Ostogen Caps, Ec-350 Caps, Supradyn tablets, Beplex Forte tablets, Enrich Caps, Beeming ALA Caps, Memax Caps, Run C Caps, Multivitamin Caps of Winrex, Nutrolin B caps which were considered at 91st meeting of NPPA? When were these cases detected for overcharging in which meetings of NPPA during the year 2007, 2008 an 2009?
The information on point Nos. 4 & 5 of RTI application has been denied to the appellant under the provisions of section 7(9) of the RTI Act, 2005. On point No.4, the appellant has only sought for information for the year 2008, therefore the information sought cannot be held to be so voluminous as to disproportionately divert the resources of the public authority. Accordingly the respondent CPIO is hereby directed to provide information in respect of point No.4 of RTI application. The CPIO is also directed to provide the appellant with information as to whether notices for over-charging were issued to these companies. However, the appellant does not press for details of these notices.
In respect of query on point no. 6, the respondent has replied as follows:-
"Out of 26 products mentioned in your RTI application four products namely Native C 400 tabs, Supradyn Tab., Beplex forte Tabs and Nutrolin B Capsule preliminary show-cause notices were issued to the concerned companies. In case of Native C 400 demand notice were issued to M/s Franco Indian Pharmaceuticals Pvt. Ltd. in September 2008 for an amount of Rs. 2,56,89,430/-. The company had filed a petition in the High Court of Bombay hence the matter is subjudice. As regards the other cases, the same are under examination.
The appellant during the hearing alleges that he has only been provided information in respect of 4 products. The respondent CPIO is hereby directed to provide the appellant the action taken on all these over-charging cases as per appellant's query on point No.6.
The directions of Commission on point No. 4, 5 and 6 of the RTI application are to be complied by the CPIO within 3 weeks of receipt of this order.
The matter is disposed of on the part of the Commission with the above directions.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri B Mohan, E-30, Sarita Vihar, New Delhi - 110076.
2. The C.P.I.O.
Deputy Director, National Pharmaceuticals Pricing Authority, Department of Pharmaceuticals, YMCA Cultural Central Building, 5th Floor, 1, Jai Sing Road, New Delhi - 110001.
3. The F.A.A., Director (Admn.), National Pharmaceuticals Pricing Authority, Department of Pharmaceuticals, YMCA Cultural Central Building, 5th Floor, 1, Jai Sing Road, New Delhi - 110001.