Legal opinion- Am I Consider as Consumer?
* I made an application to Mandal Development Office for some Information under the Right To Information Act 2005. The Public Information Officer not provided the asked information yet. The time period for providing the information has over as per the provisions of the RTI Act 2005.
*. I used the payment mode as the Court Fee Stamp by affixing on the application.(Court Fee stamps are allowed as the fee for RTI Act in our State, Andhrapradesh). Now the Questions are,
Q1. In this case Can I Considered as a Consumer as per the Consumer Act?
Q2 Can I filed the Complaint at our District Consumer Forum?
Q3. What is the Procedure for Filing the Complaint at Consumer Forum? i.e Through Advocate or by Personal?
Q4. What about the fee to be paid to the forum?
Asked in Civil Law from Guntur, Andhra Pradesh
A1: You are not consumer.
A3: Not Applicable
A4: Not applicable
You can file appeal to the First Appellate Authority (FAA).
if PIO has not replied to your query you have a remedy . you can go in appeal to appellate authority . no need to file complaint before consumer forum
Under Consumer Protection act, you are not a consumer.If you have not got the required information under RTI, file an appeal with Appellate Authority provide a in RTI Act.
Advocate, New Delhi
1. You have not availed any service as a consumer. Hence, you cannot file a complaint before Consumer Forum.
2. File an appeal to the First Appellate Authority if information has been denied to you by the concerned PIO.
unable to open the link mentioned by you
Due to paucity of time it is difficult for us to read the content on the links given by you. If we start acceding to such requests then every querist would want us to do read some link. You have already been apprised of the legal position respecting your query. In case any doubt persists, consult a local lawyer on the payment of his consultancy fee.
as per the link mentioned by you you can move consumer forum if you are unhappy with the reply given by PIO . but cases in consumer forum take over 2 years to be disposed of . hence i had advised to file an appeal before first appellate authority
1. Recently one judgment stated that RTI applicants can be considered as Consumers as per Consumer protection Act where as another Court contradicted the same,
2. In your case, you have not yet exhausted all your avenues to get relief. You can still file appeal before the First Appellate Authority.