Central Information Commission
Pavit Singh vs Delhi Electricity Regulatory ... on 19 June, 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/C/2024/101889
Pavit Singh ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Delhi Electricity Regulatory
Commission, Viniyamak Bhawan,
C Block, Shivalik, Malviya
Nagar, New Delhi - 110017 .... ितवादीगण /Respondent
Date of Hearing : 27.05.2025
Date of Decision : 19.06.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 23.09.2023
CPIO replied on : 04.10.2023
First appeal filed on : 10.11.2023
First Appellate Authority's order : 28.12.2023
2nd Appeal/Complaint dated : 13.01.2024
Information sought:
1. The Complainant filed an RTI application dated 23.09.2023 (offline) seeking the following information:
"The present application is filling by the applicant regarding the information of new BSES meter connection such as Lift fitness certificate from electrical inspector required as per clause no. 11 (2-iv) and 11(2)
(viii) of DERC supply code; MCDs NOC or completion and Occupancy Page 1 of 8 certificate required as per clause No. 11(2) (iv) of DERC supply code; and required for Fire Clearance Certificate for new connection.
1. Certified copy of clause no. 11 (2-iv) and 11(2) (viii) of DERC supply code stated that Lift fitness certificate from electrical inspector required for new connection.
2. Certified copy of clause No. 11(2) (iv) of DERC supply code stated that MCDS NOC or completion and Occupancy certificate required for new connection.
3. Certified copy of DERC supply code clause stated that Fire Clearance Certificate for new connection required."
2. The CPIO furnished a point-wise reply to the Complainant on 3- 4.10.2023 stating as under:
"Reply to Point No. 1, 2, 3: 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.
DERC Schedule of Charges and Procedure (Sixth Amendment) Order, 2021 dated 15.04.2021 stipulates provisions regarding building height for release of new connection. Further, for release of electricity connections in the buildings that are on the threshold limit of 15 meters without stilt parking and 17.5 meters with stilt parking, the Commission has provided directions to the Distribution Licensees to accept the certificate from an empaneled architect of Government Land Owning Agency in whose jurisdiction the subject premises are located such as Delhi Development Authority or Municipal Corporation of Delhi or NDMC etc. for certifying the total height of the building for processing of applications for electricity connections.
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.
Redressal Structure for redressal of consumer grievances. The applicant may approach accordingly and the link of the same are given below;Page 2 of 8
1. https://www.derc.gov.in/consumers-corner/complaint-handling- procedures
2. https://www.derc.gov.in/consumers-corner/public-awareness- bulletins Copy of Public Awareness Bulletin no. 13 is attached as Annexure - I."
3. Being dissatisfied, the Complainant filed a First Appeal dated 10.11.2023. The FAA vide its order dated 28.12.2023, held as under:
"It is noted that Sh. Pavit Singh had filed a RTI application dated 23.09.2023, received in DERC on 26.09.2023, in response, PIO DERC had forwarded a reply to the said RTI application vide no. F F.9(35)/DERC/RTI- 5269/2023-24/1591 dated 04.10.2023 and subsequently had followed it up by a reply dated 09.10.2023, since all the links of DERC's website were initially not endorsed in the previous reply dated 04.10.2023. Further, First Appellate Authority Interim Order No. F. 9(36)/DERC/RTI- 5269/2023-24/Appeal No. 611/1935 dated 04.12.2023, was issued in which it was stated that "an another RTI application on the same issue was received in DERC in the name of RTI applicant Sh. Ashish Singh (RTI ID 5189), it is also noted that address and email Id and information sought of Sh. Pavit Singh and Sh. Ashish Singh are same" and the applicant was requested to forward proof of his identity together with proof of address. In response, the appellant Sh. Pavit Singh has forwarded his proof of identity and address i.e copy of Aadhaar Card No. 2000 5031 3222, in the name of "Pavit Singh" vide letter dated 07.12.2023.
In view of the above, the undersigned hereby proceeds to record his observations in the succeeding paragraphs.
It is apparent that the appellant is aggrieved by the reply of PIO and 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, the gist of the same is given below:
"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.Page 3 of 8
DERC Schedule of Charges and Procedure (Sixth Amendment) Order, 2021 dated 15.04.2021 stipulates provisions regarding building height for release of new connection. It is also informed that for release of electricity connections in the buildings that are on the threshold limit of 15 meters without stilt parking and 17.5 meters with stilt parking, the Commission has provided directions to the Distribution Licensees to accept the certificate from an empanelled architect of Government Land Owning Agency in whose jurisdiction the subject premises are located such as Delhi Development Authority or Municipal Corporation of Delhi or NDMC etc. for certifying the total height of the building for processing of applications for electricity connections."
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 were also provided by the PIO and are once again 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 (copy of schedule of charges and the procedure (sixth amendment) order, 2021, dated 15.04.2021 is enclosed as Annexure-1)
3.https://www.derc.gov.in/consumers-corner/complaint-handling- procedures
4.https://www.derc.gov.in/consumers-corner/public-awareness-bulletins (Copy of Public Awareness Bulletin No.13 is attached as Annexure-II) 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. No1/69/2007-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 Page 4 of 8 information; or to interpret Information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions."
Further, the attention of the appellant is sought to the directions of 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, wherein 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"
In view of the above, the undersigned is satisfied with the reply of PIO, and the appeal is disposed of accordingly."
4. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Present in person.
Respondent: Shri Chandra Kant Roy, Joint Secretary/PIO and Shri Darpan Sharma, Personal Assistant, appeared in person.
5. The Complainant inter alia submitted that reply given by the Respondent was incomplete and evasive.
6. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 21.05.2025 stating complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the appellant. The relevant paras of the written submission are reproduced as under:
1. "The facts of the case are as given below;
(a) Sh. Pavit Singh had sent an RTI application dated 23.09.2023 which was received in DERC on 26.09.2023; vide which he had asked certified copy of the following clauses;
Page 5 of 8(i) Clause No.11(2-iv) and 11(2)(viii) of DERC Supply code stating that Lift fitness certificate from electrical inspector required for new connection.
(ii) Certified copy of Clause No.11(2) (iv) of DERC Supply Code stating that MCDs NOC or completion and Occupancy certificate required for new connection.
(iii) Certified copy of DERC Supply Code clause stating that Fire Clearance Certificate for new connection required.
2. In response the PIO, DERC had forwarded a detailed reply, wherein the applicable Regulations for provision of Electricity Connections including DERC's directions to the Distribution Licensees for release of Electricity to buildings that are on the threshold limit of 15 meters without stilt parking and 17.5 meters with stilt parking were also mentioned for the ease of the applicant. Further, the applicant was also provided guidance for redressal of grievances if any and a copy of the DERC's Public Bulletin No. 13 was also provided to him towards resolution of grievances if any. Further, the links of the Public Bulletin and the link of the Complaint Handling Procedure were also intimated to the applicant. The reply of the PIO, DERC dated 09.10.2023 has been attached by the applicant himself in this appeal to the Hon'ble CIC.
3. As an afterthought the PIO, DERC also forwarded the links to the DERC (Supply Code and Performance Standards) Regulations 2017 which had inadvertently been left out vide the PIO, DERC's letter dated 09.10.2023 towards facilitating the applicant's access to the said Regulations. It is observed that the applicant has not attached the said letter in his instant appeal to the Hon'ble CIC. As such copy of the same is also attached hereby at Annexure-I. It will be appreciated that the PIO, DERC had tried to render as much information as available to him to the RTI Applicant.
4.
5. 5. Sh. Pavit Singh filed an appeal with the First Appellate Authority, DERC vide his appeal dated 10.11. 2023, which was disposed off by the First Appellate Authority, DERC vide his Order dated 04.12.2023. It may also be mentioned that a similar RTI application was also received from one Sh. Ashish Singh dated 05.08.2023, from the same address as that of Sh. Pavit Singh and the e-mail id given was same as that of Sh. Pavit Singh, this has been mentioned in the First Appellate Authority, DERC's Order dated 28.12 2023. The First Appellate Authority, DERC also provided the applicant with a copy of "The Schedule of Charges and Procedure (Sixth Amendment) Order, 2021"
Page 6 of 8dated 15.04.2021 for the further ease of the RTI applicant. The First Appellate Authority, DERC also brought to the notice of the applicant that once an information is placed in the Public Domain, the same does not fall within the purview of RTI. Copy of the DERC's First Appellate Authority, DERC's Order dated 28.12.2023 has been attached by the appellant in this instant appeal.
6. It is observed from perusal of the appellant's Appeal to the First Appellate Authority, DERC dated 10.11.2023 that under Serial 2.(a)(1) the appellant was able to access the DERC (Supply Code and Performance Standards) Regulations 2017 and the other links which of course relate to the manual for the procedure of Consumer complaints as well as the link to the Public Awareness Bulletin. He however contended that he could not find get the requisite information. It is obvious that the above two links only deal with redressal of grievances and as such seeking information related to his query would not be available in them.
7. It is further submitted that the appellant has specified certain words with each clause of the DERC regulations which he has quoted in his RTI Application and which have been mentioned at Para 2 above. In this context, it is mentioned that the PIO, DERC can only provide information which is held or available with him and can neither create, interpret the information nor give explanations which as such does fall within the purview of his duties. To this end the PIO, DERC has tried his best to provide the information which is closest to the query of the appellant. Justification of the same or reproducing regulations with the exact words which the appellant wants to be contained in the said regulations is not within the scope of the RTI Act 2005. As such the First Appellate Authority, DERC at Para 7 of his Order dated 28.12.2023, sought the attention of the appellant to Para 8 of Annexure to DOPT O.M. No. 1/69/2007 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."
8. 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."
Page 7 of 8Decision
7. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the Respondent PIO has not only provided point-wise replies but also referenced regulatory documents, orders, and links where further details can be verified. The documents requested by the Complainant are either available in the public domain or have already been shared.
8. The Commission observes that once the requested records/information are available in the public domain and have been shared appropriately through links and annexures, the same cannot be deemed to have been denied under the RTI Act. If the Complainant has any grievance, the same is to be raised before an appropriate forum. The CIC is not a grievance redressal forum.
9. In view of the above, and in the absence of any substantive evidence of mala fide denial or withholding of information, the Commission is of the considered view that no further relief is warranted under Section 18 of the RTI Act.
The Complaint is dismissed 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:
The FAA, Delhi Electricity Regulatory Commission, Viniyamak Bhawan, C Block, Shivalik, Malviya Nagar, New Delhi - 110017 Page 8 of 8 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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