A. Velankanni, v. The District Consumer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M.P.(MD)No.1 of 2012 A.Velankanni ... Petitioner Vs.
1.The District Consumer Dispute Redressal Forum, No.25, Thiruppathur Road, Sivagangai, Sivagangai District.
2.J.Anwar Raja 3.The Public Information Officer/Manager, Block Development Office, (Village Panchayat), Manamadurai Taluk, Sivagangai District.
4.The Appellate Authority/ Block Development Officer, (Village Panchayat), Manamadurai Taluk, Sivagangai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the proceedings pending on the file of the 1st respondent in C.C.No.22 of 2012 and to quash the same. 1/4
For Petitioners : Mr.K.C.Ramalingam For R1, R3 & R4 : Mr.D.Sasi Kumar Additional Government Pleader For R2 : Mr.R.Alagumai *****
O R D E R
The Writ Petition has been filed challenging the complaint filed before the District Consumer Disputes Redressal Forum, Sivagangai, in Consumer Complaint No.22 of 2012.
2.The learned Counsel for the petitioner contended that the person who seeks information under the Right to Information Act cannot be considered as a consumer and he cannot lodge a consumer complaint for non furnishing of information or delay in furnishing information as against the Public Information Officer.
3.The learned Counsel for the petitioner had also relied on a judgment rendered by National Consumer Disputes Redressal Commission reported in 2015 SCC OnLine NCDRC 2. In Paragraph No. 2/4
25 of the said judgment, the National Consumer Disputes Redressal Forum Commission has held as follows:
"25.For the reasons stated hereinabove, we hold that (i) the person seeking information under the provisions of RTI Act cannot be said to be a consumer vis-a-vis the Public Authority concerned or CPIO/PIO nominated by it and (ii) the jurisdiction of the Consumer Fora to intervene in the matters arising out of the provisions of the RTI Act is barred by necessary implication as also under the provisions of Section 23 of the said Act. Consequently no complaint by a person alleging deficiency in the services rendered by the CPIO/PIO is maintainable before a Consumer Forum."
4.In view of the above said judgment, it is clear that the first respondent, namely, District Consumer Redressal Forum has no jurisdiction whatsoever, to entertain a complaint as against the writ petitioner. Hence, C.C.No.22 of 2012, on the file of the first respondent is hereby struck off on the ground of no jurisdiction. 5.With the above said observation, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 04.07.2022 Index :
Yes / No Internet :
Yes / No Tmg 3/4
R.
VIJAYAKUMAR ,J.
Tmg Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The District Consumer Dispute Redressal Forum, No.25, Thiruppathur Road, Sivagangai, Sivagangai District.
Order made in 2.The Public Information Officer/Manager, Block Development Office, (Village Panchayat), Manamadurai Taluk, Sivagangai District.
3.The Appellate Authority/ Block Development Officer, (Village Panchayat), Manamadurai Taluk, Sivagangai District.
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