Central Information Commission
Santosh Abhay Kumar Lonkar vs National Consumer Disputes Redressal ... on 6 February, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NCDRC/A/2024/101153
Shri SANTOSH ABHAY KUMAR LONKAR ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
National Consumer Disputes Redressal
Commission
Date of Hearing : 04.02.2025
Date of Decision : 04.02.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 07.07.2023
PIO replied on : 20.07.2023
First Appeal filed on : 27.07.2023
First Appellate Order on : 14.08.2023
2 Appeal/complaint received on
nd : 10.01.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 07.07.2023 seeking information on following points:-
a) U/CPA 1986 & 2019 all Types of Cases, respective nomenclature, Section &/Rule applicable, draft of each, complete procedure, all essentials, perquisites of filing on line &/ off line (personally/through post), documents and affidavit to be produced, their order
b) Inform applicability, repeal, saving, overlapping, superseding, procedure, jurisdiction, procedure U/ CPA 1986 vis-a-vis CPA 2019
c) Copy of respective GR, Notification, Circular, letter, Order, Precedents, Judgments etc. prescribing procedure & prerequisites of filing of all types of cases.
d) Detail path to avail of above information on your website U/S. 4 (1) (b).
The CPIO, National Consumer Disputes Redressal Commission vide letter dated 20.07.2023 replied as under:-
a) "The National Commission, State Commission and District Commission perform their duties under the rules/regulation of Consumer Protection Act, 2019.
In this regards, no information is available, hence the same can not be provided.
Page 1 Further, It is relevant to mention here that as per O.M. No.1/18/2011-IR dated 16/09/2011 issued by the Department of Personnel & Training- only such information can be supplied under the Act which already exists and is held by the public authority or held under the control of the public authority.
The Public Information Officer is not supposed to create information; or to interpret information; or to solve the problems raised by the applicant' or to furnish replies to the hypothetical questions. However, you may refer to provisions of the Consumer Protection Act, 2019 and the Rules/Regulations made thereunder, which are available at our website: www.ncdrc.nic.in.
b) Please refer to reply at Point No.(1), above mentioned.
c) Please refer to reply at Point No.(1), above mentioned.
d) Please refer to reply at Point No.(1), above mentioned Further, the details path of above information is as under:
1. https://ncdrc.nic.in/#
2. https://nedre.nic.in/bare acts/CPA2019.pdf
3. https://nedrc.nic.in/notice.html
4. https://ucodre.nic.in/pdf Files/PRACTISE%20DIRECT ION.pdf Apart from above, the information requested by you under Section 7 has been requested to be supplied within 48 hours. In this context, you are informed that you have not presented any evidence or facts with your application, through which, it can be clear that the requested information is directly/indirectly related to your life/freedom. Therefore, the information requested by you can not be supplied within 48 hours, under Section 7 of the Right to Information Act."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.07.2023. The FAA vide order dated 14.08.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Mrs. M. Durga Devi, Assistant Registrar, Shri Raju, UDC The CPIO vide written submissions dated 27.1.2025 submitted that The RTI application da ted 07/07/ 2023 was received in the Registry of the National Commission on 14/ 07/ 2023. The information sought for by the RTI applicant in his RTI application has already been provided to the RTI applicant, vide letter dated 20/ 07/2023. The CPIO Submitted that no additional information on the RTI application is available other than what has been supplied/ answered in reply to the RTI application.
It is further submitted that NCDRC is a quasi-judicial body and its functioning/working is totally bound by the Consumer Protection Act, 2019 and hence the RTI applicant was informed to look into the provisions of Page 2 Consumer Protection Act, 2019 on the website of this Commission, i.e.www.ncdrc.nic.in.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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