IMPORTANT POINT
Order passed under RTI Act, 2005 cannot be subject-matter of consumer dispute.

Dr. S.M. Kantikar, Presiding Member—The Complainant, Kali Ram, was a Clerk at Check Post Sikanderpur, Gurgaon under the office of Deputy Excise & Taxation Commissioner, Gurgaon. During his service in the year 1989-90, his Deputy Commissioner recorded some adverse remarks in his Annual Confidential Report (ACR). The complainant made representation against it but it was unheard. Therefore, he sought information from the Public Information Officer (PIO) of the respondent by an application filed under RTI Act, 2005 but the PIO did not furnish the required information within 30 days and supplied incomplete information after lapse of 28 days thereafter. Therefore, alleging deficiency in service on the part of PIO of opposite party, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Gurgaon (in short, ‘District Forum’) seeking compensation of Rs.2,00,000/- and sought directions for complete information. The opposite party appeared before the District Forum and stressed upon their point of non-maintainability of such complaint. The District Forum allowed the complaint and held liable the opposite party for deficiency in service and ordered compensation of Rs.5,000/- and Rs.3,000/- as litigation charges to be paid within 30 days.

2. Aggrieved by this order of District Forum, the opposite party filed an appeal before the State Consumer Disputes Redressal Commission, Haryana (in short ‘State Commission’).

3. It was vehemently argued by the opposite party before the State Commission that as there is provision for filing appeal under the RTI Act, the complainant filed an appeal before the State PIO of the opposite party. The said appeal was dismissed by appellate authority.

4. The State Commission relying upon the law laid down by Hon’ble Supreme Court in the case of Khanapuram Gandaiah vs. Administrative Officer and Ors.1 wherein it was held that the remedy for a party aggrieved against the order of the Public Information Officer lies in a challenge by way of appeal, revision or any other legally permissible mode, allowed the appeal.

5. Against the order of State Commission, the complainant filed this revision petition.

6. We have heard the petitioner, who is present in person at the admission stage. He argued that there was deficiency in service and the complaint was maintainable.

7. The key controversy swirls round the question “Whether there lies a rub for the consumer fora to entertain the case pertaining to the Right to Information Act, 2005 (in short ‘RTI Act’)? The District Consumer Disputes Redressal Forum partly allowed the complaint on the ground that these cases come within the realm of Consumer Protection Act, 1986. The District Consumer Disputes Redressal Forum relied upon the following authorities.

(i) Kalawathi & Others v. United Vaish Co-operative thrift & Credit Society Limited.2

(ii) Fair Air Engineers Pvt. Ltd., & Anr. V N.K. Modi.3

(iii) DR. S.P. Thirumala Rao vs. Municipal Commissioner.4

8. We do not locate substance in the arguments advanced by the petitioner. First of all, Sections 22 & 23 of the RTI Act, 2005 are crystal clear, and the same are hereby reproduced:-

“22. Act to have overriding effect :- The provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or any instrument having effect by virtue of any law other than this Act. From this, it is beyond doubt that this Act, however, has on overriding effect in that the authorities under this Act may make independent decisions about the question whether such disclosure or non-disclosure has any overriding public interest. 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.

23. Bar of Jurisdiction