CENTRAL INFORMATION COMMISSION
Appeal No.2691/ICPB/2008
F. No. PBC/2007/470
August 12, 2008
In the matter of Right to Information Act, 2005 - Section 18
[Hearing on 31.7.2008 at 11.30 a.m.]
Appellant: Mr. Upender Soni, Lucknow
Public authority: National Consumer Disputes Redressal Commission
Mr. H.D. Nautiyal, Joint Registrar & CPIO
Parties Present: For Respondent:
Mr. H.D. Nautiyal, Joint Registrar & CPIO
For Appellant:
Mr. Upendra Soni
FACTS
:
The appellant has sought information under RTI Act by his application
dated 3.9.2007 addressed to PIO, National Consumer Disputes Redressal
Commission, New Delhi (“Consumer Forum”) requesting information pertaining to
his application for transfer of his petition from District Forum to another district
forum or State Forum. The PIO furnished reply vide letter dated 20.9.2007 by
which he informed the appellant the procedure adopted while transferring the
complaint from one District forum to another District forum. Having not satisfied
with the reply provided by the PIO, the appellant filed this complaint before the
Commission on 7.11.2007. Comments were called for on 9.1.2008, which was
received from the public authority on 29.2.2008. A copy of the comments has
also been endorsed to the appellant. The appellant has also received another
reply from the CPIO on 20.9.2007.
DECISION:
2. This case came up for hearing on 31.7.2008, which was attended by the
appellant in person as well as PIO from the Consumer Forum. I have gone
through the RTI application and other replies received in this connection. The
appellant has taken the same matter on an earlier occasion with the District
Forum for transfer of this case from one district forum to another or to the State
forum. He has filed application before the President of National Consumer Forum
for this purpose and he is seeking this information for knowing actual status of his
application for transfer of case. The PIO has provided reply and advised him to
enclose all the connected papers for processing as it has to be transferred after a
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judicial process. Immediately action has also been taken by the National Forum
by listing before the Forum and the case was also heard on three occasions on
26.10.2007, 23.11.2007 and 16.1.2008 by issuing notices to both the parties and
the case is still pending. However, the appellant is of the view that no judicial
decision is required for transfer of cases from one forum to another forum as per
the Consumer Protection Act. As far as the RTI Act is concerned, the only
information that is available in material form can alone be solicited and one
cannot go into the interpretation of the statutes or the action of the public
authority in transferring cases cannot be questioned. Whether the administrative
decision has to be taken or judicial decision has to be taken while transferring the
case is not the matter before this Commission. Since the case is already before
the National Forum, it is for the appellant to argue his point there, in case, if he
feels no judicial decision is required for transferring the case. If he is not satisfied
with the outcome of the case the only other course available to him is to
approach appropriate legal forum against the decision the National Forum. This
Commission has no jurisdiction with regard judicial decisions of another judicial
body or the Tribunal. Therefore, the appeal is closed.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. H.D.Nautiyal, Joint Registrar & CPIO, National Consumer Disputes
Redressal Commission, 7th Floor, ‘B’ Wing, Janpath Bhawan, Janpath, New
Delhi – 110 001.
2. Mr. Upender Soni, C-6012, Sector – 12, Rajaji Puram, Lucknow – 226017,
Uttar Pradesh.
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