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Difference between RTI &CP Act as long as providing information is concerned

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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