Difference between
RTI &CP Act as long as providing information is concerned
Understand
the difference between information through RTI and information through CP Act
Under
RTI you may apply to any ministry, office, organisations covered under RTI for
any information if you are entitled to get that/directly concerned with the
information you want
Under
CP Act information word has come under the definition of services .While filing
case for deficiency in services, you will have the right to know everything
about the services you have hired by making payment. Consumer commission is a
court and decides the cases filed before it and its scope is to deal with goods,
services and unfair trade practices. While dealing with these areas every
information court gets from OP related to that particular case and provide you.
Sec 23.of RTI Act
Bar of Jurisdiction of Courts: - No court shall entertain any
suit, application or other proceeding in respect of any order made this
Act, and no such order shall be called in question otherwise than by way
of an appeal under this Act”.
Further, Section 22.states
that this act will have overriding effect on the authorities under this
Act. notwithstanding anything inconsistent to the
Official Secrets Act, 1923 (19 of 1923), and any other law for the time being
in force Therefore, it may become necessary for the authorities to
independently decide whether disclosure of information which itself being an
act done in public interest, overweighs the public interest sought
to be protected under those enactments.
Again,
Section 19 of the RTI Act, 2005, provides procedure
for appeal.
Case Law: Urban Improvement
Trust Ajmer, Rajasthan through its Secretary versus Tarun
Agarwal (NC) Decided on 16.12.2013
In the
above lines case Urban Improvement Trust Ajmer, Rajasthan through its
Secretary Versus Tarun Agarwal Before Hon’ble Mr.
Justice J. M. Malik, Presiding Member Hon’ble Dr. S. M. Kantikar,
Member.The order was pronounced _16th December, 2013
“Cannot be allowed to file an appeal against
the order passed under some different act and by different authority. It held
complainant not consumer under the circumstances”
Case
Law: T.Pundalika Vs. Revenue Department (Service Division) Government of
Karnataka, RP No. 4061 of 2010, decided on 31.03.2011
This
view stands emboldened by the other orders in the matter of T.Pundalika
Vs. Revenue Department (Service Division) Government of Karnataka, RP No. 4061
of 2010, decided on 31.03.2011, by the Bench Headed by Hon’ble
Mr. Justice Ashok Bhan, President, wherein it was held “complainant cannot be
considered as a ‘consumer’ as defined under the C.P.Act since there is a remedy
available for the complainant to approach the appellate authority u/s 19 of the
RTI Act, 2005”.
Case
Law: Shonkh Technologies Ltd. Vs. Tasha Mandlekar, IV
(2009) CPJ 280 (NC).
Similar
view was taken by another judgment of this Commission, reported
in Shonkh Technologies Ltd. Vs. Tasha Mandlekar,
IV (2009) CPJ 280 (NC). Para No. 6 of the said judgment is relevant,
which is reproduced below:-
“after
respondent has lost its move to secure copy of the agreement in question under
the Right to Information Act, before a Competent Authority also the Appellate
Authority, this Commission cannot exercise revisional jurisdiction sitting
over the decisions rendered by these two authorities as after
availing one remedy prescribed under the statue taking recourse to Consumer
Grievance Redressal Agency hoping for further relief was not permissible.”
By
Dr Prem Lata
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