Central Information Commission
Jawahar Lal vs Delhi Electricity Regulatory ... on 2 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DERCM/A/2023/652805
Jawahar Lal .....अपीलकता/Appellant
VERSUS
बनाम
PIO
Delhi Electricity Regulatory
Commission, Viniyamak Bhavan,
C Block, Shivalik, Malviya Nagar,
New Delhi - 110017
.... ितवादीगण /Respondent
Date of Hearing : 03.03.2025
Date of Decision : 01.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19.09.2023
PIO replied on : 04.10.2023
First appeal filed on : 14.10.2023
First Appellate Authority's order : 25.10.2023
2nd Appeal/Complaint dated : 29.11.2023
Information sought:
The Appellant filed an RTI application dated 19.09.2023 (online) seeking the following information:
"I applied for installing electric meters details of which are given below. Requests no. | Date 8005195709 | 30-Sep-2021 ONPLM206220202 | 02-Jun-2022 ONPLM12082121918 | 12-Aug-2022 Page 1 of 12 ONPLM2408222018 | 24-Aug-2022 ONPLM2305236433 | 23-May-2023 ONPLM2505239455 | 24-May-2023 ONPLM1307230999 | 31-Jul-2023 ONPLM0208231956 | 02-Aug-2023 But the meters have not been installed as yet.
1. Provide the information of how many times are applied for installing electric meters.
2. Provide information regarding actions and duties of your department after applying.
3. Provide names of employees who visited at my home after applying.
4. Provide names of employees who asked me to provide Khasra Number of my home after applying.
5. Provide names of employees who asked me reapply after providing Khasra Number.
6. Provide names of employees who are responsible for from 1st to my last applications.
7. Provide names of employee who told Khasra number of my house is wrong.
8. Provide names of authorities and tribunals with their addresses to whom complaint is made against the employees."
The PIO furnished a reply to the Appellant on 04.10.2023 stating as under:
"Reply to Point No. 1, 2:
The electricity connections are released to the applicants by the concerned Distribution Licensee in its area of supply as per provisions of Regulations 10 & 11 of DERC (Supply Code and Performance Standards) Regulations, 2017, submission/availability of documents as required in Annexure-I and payment of charges as per DERC Schedule of Charges and Procedure Order dated 31.08.2017 as amended from time to time. Copy of Regulations is available on the DERC website and link of the same is given below:
1. https://www.derc.gov.in/supply-code-%26-performance-
standards/regulations Page 2 of 12 Reply to Point No. 3, 4, 5, 6 & 7:
In this context it is informed that, the information does not pertain to DERC, neither does it fall under the functions of DERC as mentioned under section 86 of Electricity Act, 2003 (relevant extract appended as Annexure-I). Furthermore, it is informed that the information sought pertains to the distribution company and the Hon'ble High Court of Delhi's Order dated 23.04.2009 in the matter of DERC vs. CIC & Ors. (W.P.(C)6735/2007), has directed that DERC cannot use its regulating powers merely to obtain information (not already with it) from other bodies or concerns in order to answer queries or information applications received by it (the DERC). It has been made clear that DERC cannot be compelled to access information from any of the DISCOMs; the question of DISCOMs, amenability to the expression 'public authority' is subject to the decision in Writ Petition. (Copy of Hon'ble High Court Order dated 23.04.2009 enclosed at Annexure-II).
Reply to Point No. 8:
The Commission has also issued Manual of Practices for Handling Consumers' Complaints, 2019 and Public Awareness Bulletin no. 13 regarding Three Tier Grievance Redressal Structure for redressal of consumer grievances.
Copy of DERC (Supply Code and Performance Standards) Regulations, 2017 and its amendments, DERC Orders, Manual of Practices for Handling Consumers' Complaints, 2019 and Public Awareness Bulletin no. 13 are available on the website of DERC and the links of the same are given below:
1. https://www.derc.gov.in/supply-code-%26-performance- standards/regulations
2. https://www.derc.gov.in/supply-code-%26-performance- standards/orders
3. https://www.derc.gov.in/consumers-corner/complaint- handling-procedures
4. https://www.derc.gov.in/consumers-corner/public-awareness-
bulletins Further copy of Public Awareness Bulletin no. 13 is attached as Annexure
- III. "
Page 3 of 12Being dissatisfied, the appellant filed a First Appeal dated 14.10.2023. The FAA vide its order dated 25.10.2023, held as under.
" In the matter of appeal filed by Sh. Jawahar Lal, RZF-756/08, Raj Nagar-II, Gali No. 1, Palam Colony, Delhi-110077 on 14.10.2023, vide Registration No. DERC/0/2023/60033 in response to the PIO, DERC's reply vide letter No. F.9(35)/DERC/RTI-5259/2023-24/1594 dated 04.10.2023, the undersigned has gone through the facts of the case and the observations made are given in the succeeding paragraphs.
2. It is noted that Sh. Jawahar Lal had filed an RTI application vide Registration No. DERC/R/2023/60193 dated 19.09.2023. In response, PIO DERC had forwarded an online reply to the said RTI application vide letter no. F.9(35)/DERC/RTI-5259/2023-24/1594 dated 04.10.2023.
3. In so far as this appeal is concerned, it is apparent that the appellant is aggrieved by the reply of PIO, DERC and has stated that:
"Your department is not following the instructions made by the Hon'ble High Court, Delhi, by them you are bound. You should fulfill them. You are therefore requested to kindly reply point wise as sought in my application dt. 19.09.2023, following the instructions of the said court."
4. The undersigned after reviewing the facts of the matter, is of the opinion that the PIO, DERC has provided related information as available to the appellant. Furthermore, the PIO, DERC has also provided the appellant with the extract of Section 86 of the Electricity Act 2003, which gives out the functions of the State Electricity Regulatory Commission. It is further informed to the Appellant that DERC is a statutory quasi-judicial body established as per provisions enshrined in the Electricity Act, 2003. The PIO, DERC vide his reply dated 04.10.2023 had informed the complainant that the type of information sought is only available with the Discom (distribution company). Further, it was also informed that in view of the Hon'ble Delhi High Court's Order dated 23.04.2009, DERC cannot seek the information from the Discom. The PIO, DERC has also provided the copy of the Public Awareness Bulletin -13, which gives out the channel of grievance redressal if any issue related to electricity consumers in the NCT of Delhi and the appellant may approach accordingly. That apart, the PIO, DERC has also been proactive in providing the appellant with Page 4 of 12 related information with reference to the provisions which govern category of Tariff.
5. In this context, the appellant is also informed that under the provisions of RTI Act, 2005, the PIO is required to only provide information as available and is not required to interpret the same or reply to hypothetical questions. In this context, the attention of the appellant is sought to Para 8 of Annexure to DOPT O.M. No.1/69/2007-IR dated 27 February 2008 which states as under:
"Only such information is required to 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 CPIO is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions."
6. It may also be noted that the Hon'ble CIC in the matter of Shri K. Lall vs. Shri M. K. Bagri (Decision dated April 12, 2007), File No. CIC/AT/A/2007/00112, has directed as given under:
"Once information is placed on a website or in the public domain accessible to the citizens, that information cannot be said to be held or under the control' of the public authority and thus ceases to be an information accessible under the RTI Act."
7. In view of the above, the undersigned is satisfied with the reply of PIO, and this appeal is disposed of accordingly.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
A written submission dated 21.02.2025 filed by the respondent is taken on record. Contents of the same are reproduced below for ready reference:
"This is with reference to your above mentioned Notice of Hearing dated 14.02.2025 for a scheduled hearing on 03.03.2025 at 12:45 P.M. before Hon'ble Information Commissioner, Shri Vinod Kumar Tiwari, in the matter of Sh. Ramesh Chandra Agrawal Vs. PIO DERC, File No. CIC/DERCM/A/2023/652805.Page 5 of 12
"...2. The facts of the case are as given under:-
(a.) Matter refer to RTI Application dated 19.09.2023 vide online Registration No. DERCO/R/2023/60193 of the appellant, in which information had been asked on 08 points.
(b.) The applicant at point nos. 1 & 2 had asked the information of how many times one is required to apply for installing electricity meters and regarding action and duties of DERC after applying. In this context, the applicant was informed regarding the applicable DERC regulations which govern the release of electricity connections in the NCT of Delhi that is "The electricity connections are released to the applicants by the concerned Distribution Licensee in its area of supply as per provisions of Regulations 10 & 11 of DERC (Supply Code and Performance Standards) Regulations, 2017, submission/availability of documents as required in Annexure-l and payment of charges as per DERC Schedule of Charges and Procedure Order dated. 31.08.2017 as amended from time to time. Copy of Regulations is available on DERC website and link of the same is given below;
1.https://www.derc.gov.in/supply-code-%26-performance-
standards/regulations
(c) At point nos. 3, 4, 5, 6, & 7, the applicant had asked the information about the name of employee of distribution licensee who dealt wih a number of specific electricity connections as enumerated by the applicant. Consequently, the applicant was informed that the matter pertains to the concerned distribution company and the information is not held in DERC. The RTI applicant was also informed, regarding Section 86 of the Electricity Act 2003 which enumerates the functions of a State Electricity Regulatory Commission and as such the information sought does not fall under the purview of DERC, a copy of the relevant extract of Section 86 was also provided to the applicant. Further, a copy of the relevant Hon'ble High Court of Delhi's Order dated 23.04.2009 was also provided to the applicant which specifically forbids DERC from obtaining information from Page 6 of 12 the Discoms under RTI Act 2005 pending the decision on the Writ Petitions in the matter,
(d) At Point No. 8, the applicant asked, provide names of authorities and tribunals with their addresses to whom complaint is made against the employees In response, the applicant was informed regarding "the Commission has also issued Manual of Practices for Handling Consumers' Complaints, 2019 and Public Awareness Bulletin no. 13 regarding Three Tier Grievance Redressal Structure for redressal of consumer grievances. Copy of DERC (Supply Code and Performance Standards) Regulations, 2017 and its amendments, DERC Orders, Manual of Practices for Handling Consumers Complaints, 2019 and Public Awareness Bulletin no. 13 are available on the website of DERC and the link of the same are given below;
1. https://www.derc.gov.in/supply-code-%26-performance- standards/regulations
2.https://www.derc.gov.in/supply-code-%26-performance standards/orders
3.https://www.derc.gov.in/consumers-comer/complaint-handling- procedures
4. https://www.derc.gov.in/consumers-comer/public-awareness-bulletins Furthermore, a copy of Public Awareness Bulletin no. 13 was also provided to the applicant. It may be mentioned that the Public Awareness Bulletin No.13 gives out the redressal mechanism as established by DERC under the provisions of Section 42(4) and Section 42(5) of the Electricity Act 2003.
3. The applicant in his appeal dated 14.10.2023 (vide Registration No. DERCO/A/2023/60033) has stated that "Your department is not following the instructions made by the Hon'ble High Court, Delhi, by them you are bound. You should fulfill them. You are therefore requested to kindly reply point wise as sought in my application dt. 19.09.2023, following the instructions of he said court.", in response FAA informed to the appellant that the PIO, DERC has provided related information as available to the appellant. Furthermore, the PIO, DERC has also provided the appellant with the extract of Section 86 of Electricity Act 2003 which gives out the functions of a State Electricity Page 7 of 12 Regulatory Commission. It was further informed to the Appellant that DERC is a statutory quasi judicial body established as per provisions contained in the Electricity Act, 2003
4. The applicant was also informed by the First Appellate Authority DERC about Para 8 of Annexure of DOPT O.M. No. 1/69/2007-IR dated 27 February 2008 which states as under;
"Only such information is required to 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 CPIO is not supposed to create information; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions."
5. It was also brought to the notice of the applicant that the Hon'ble CIC in the matter of Shri K. Lall vs. Shri M. K. Bagri (Decision dated April 12, 2007), File No. CIC/AT/A/2007/00112, where in the Hon'ble CIC has stated as under;
"once information is placed on a website or in the public domain. accessible to the citizens, that information cannot be said to be 'held' or 'under the control of the public authority and thus ceases to be an information accessible under the RTI Act."
5. In concluding, the PIO, DERC respectfully submits that he has provided all available information which seemed closely related to the queries of the applicant to the best of his ability and that the First Appellate Authority, DERC has also tried to explain the constraints with regard to why certain information as asked by the applicant cannot be provided to him and has quoted the relevant provisions in support of it."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri C K Roy, Joint Secretary/PIO along with Shri Darpan Sharma, Assistant present in person.Page 8 of 12
The appellant contended that neither satisfactory reply has been provided to him till date nor his issue pertaining to installation of meter was addressed by the respondent. For point No. 3, 4, 5, 6 and 7 of RTI application, he contended that the respondent instead of transferring the RTI application to the concerned department under Section 6(3) of the RTI Act washed off their hands by giving plea of stay order granted by Hon'ble High Court in the above- mentioned writ petition. He prayed the Commission to intervene in the matter.
The respondent stated that a point wise reply along with relevant information to assist the appellant has already been provided to the appellant initially. Further, upon receipt of hearing notice from the Commission a revised point- wise reply was provided to the appellant through averred written submission. He explained that the issue raised by the appellant regarding meter installation are not dealt by their organization, yet the appellant was apprised of the fact as to where he can approach for redressal of his grievance. As regards DISCOM issue, the respondent expressed his inability to question the stay order of the Hon'ble High Court, however, the appellant has recourse to implead himself in the array of parties in the said case for speedy disposal.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observes that as far as RTI application is concerned appropriate response against has been provided by the respondent vide letters dated 04.10.2023, 25.10.2023 and 21.02.2025 in terms of the RTI Act which is upheld.
It also appears during the hearing that the Appellant is harbouring his grievance alleging non-installation of electric meters in question which cannot be resolved under the mandate of the RTI Act. In this regard, attention of the Appellant is drawn towards certain precedents of the superior Courts as under:
The Hon'ble High Court of Delhi in the matter of Hansi Rawat and Anr. v. Punjab National Bank and Ors. (LPA No.785/2012) dated 11.01.2013 has held as under:Page 9 of 12
"6. ....proceedings under the RTI Act cannot be converted into proceedings for adjudication of disputes as to the correctness of the information furnished."(Emphasis Supplied) The aforesaid rationale finds resonance in another judgment of the Hon'ble Delhi High Court in the matter of Govt. of NCT of Delhi vs. Rajender Prasad (W.P.[C] 10676/2016) dated 30.11.2017 wherein it was held as under:
"6. The CIC has been constituted under Section 12 of the Act and the powers of CIC are delineated under the Act. The CIC being a statutory body has to act strictly within the confines of the Act and is neither required to nor has the jurisdiction to examine any other controversy or disputes."
While, the Apex Court in the matter of Union of India vs Namit Sharma (Review Petition [C] No.2309 of 2012) dated 03.09.2013 observed as under:
"20. ...While deciding whether a citizen should or should not get a particular information "which is held by or under the control of any public authority", the Information Commission does not decide a dispute between two or more parties concerning their legal rights other than their right to get information in possession of a public authority...."
(Emphasis Supplied) In view of the above, no relief can be granted in the matter.
Notwithstanding the aforesaid, this bench has dealt with many cases of DERC where DISCOMs washed their hands off by claiming that the order of CIC declaring them to be public authority has been stayed before Hon'ble Delhi High Court vide W.P.(C)6735/2007, which is still in operation. Here, it is relevant to quote the advisory given by this bench in the case titled Subhash Chandra Aggarwal v. CPIO, DERC & Anr. (Case File No. CIC/DERCM/A/2025/100521) with the following words:
"...The Commission observes that while many aspects of governance in electricity distribution fall under private sector, regulatory authorities like DERC and the Department of Power must take proactive measures to bridge the information gap.Page 10 of 12
The private power distribution companies (Discoms) interact directly with consumers, the Commission strongly recommends that future licensing agreements with Discoms include a provision explicitly bringing them under the ambit of public authorities under the RTI Act for consumer- related queries. This will enhance transparency and accountability in the electricity sector.
Considering the public interest in consumer rights, the Commission advises the Department of Power and DERC to undertake proactive disclosure of information, including:
• Publishing updated lists of electricity subsidies and eligibility criteria. • Providing an interactive FAQ section on their websites to address common public concerns.
• Ensuring tariff orders and related policy decisions are made accessible in user-friendly formats.
Advisory under Section 25 (5) of the RTI Act Further, it is noted that validity period of the licence of the DISCOM is going to expire in 2029/2028 and bids will be invited soon because the evaluation and award process etc are time consuming, hence, for the next bid or for any extension of the present licence beyond the validity period, the respondent authority is advised put a condition in the contract that the licencee company will be a Public Authority under the RTI Act with the exemptions also being available to it. It is not out of place to recall that prior to its privatization, the electricity distribution work was done by an agency which was a public authority. The Right to Information has been guaranteed through an Act passed by the Parliament, which unfortunately has got extinguished through an administrative and contract related mechanism by the Executive possibly due to an oversight while privatizing the business of electricity distribution sometime in year 2009-10. The Discoms have contested decision of CIC declaring them as public authority and matter is pending before Hon'ble High Court of Delhi; hence, no interference is warranted from the Commission in that court case. However, opportunity is presenting itself at the time of the next round of Page 11 of 12 bidding/renewal for licence to restore the Rights of the Citizens, which must be used by the Government."
The said advisory is applicable to the instant case as well. Since the advisory has been issued to the Power Department, GoNCTD, let a copy of this order be sent to him also.
In view of this, the PIO is directed to place a copy of this order before their respective concerned competent authority within 4 weeks of the date of receipt of this order. FAA to ensure compliance with this direction.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA Delhi Electricity Regulatory Commission, Viniyamak Bhavan, C Block, Shivalik, Malviya Nagar, New Delhi - 110017 PIO, Department of Power, 8th Level, B Wing, Delhi Secretariat, I.P. Estate, New Delhi - 110002 Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005.
Powered by TCPDF (www.tcpdf.org)