2022 Supreme(Online)(CIC) 88
के(cid:7008)(cid:7076)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:6981),मुिनरका
Baba Gangnath Marg, Munirka नई (cid:7408)द(cid:7016)ली, New Delhi – 110067 ि(cid:7367)तीय अपील सं(cid:6990)या/ Second Appeal No. CIC/MOIAB/A/2020/674476 In the matter of:
Kalyan Halder … अपीलकता(cid:6981)/Appellant VERSUS बनाम CPIO, …(cid:7079)ितवादीगण /Respondent /Under Secretary, Ministry of Information and Broadcasting A wing, Shastri Bhawan, New Delhi-01 Relevant dates emerging from the appeal:
| TI Application filed on | : | 12.05.2020 |
| CPIO replied on | : | 19.05.2020 |
| First Appeal filed on | : | 08.06.2020 |
| First Appellate Authority order | : | 16.06.2020 |
| Second Appeal received on | : | 17.06.2020 |
| Date of Hearing | : | R 05.01.2022 |
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri P. Nagarajan, Under Secretary to Government of India, participated in the hearing through intra-video conferencing from Central Information Commission.
O R D E R
Information sought:
The Appellant filed online RTI Application dated 12.05.2020 seeking information as under:
“SUBJECT:- SIR VIDEOCON D2H COMPANY KOLKATA AREA OFFICER GAURAV DHAR mobile number 9874733738 WORKING IN SALT LAKE KOLKATA HIS STAFF TECHNICIANS ARE DOING POLITICS IN THEIR JOB AND LISTENING TO A PARTICULAT PARTY TRINAMOOL CONGRESS PARTY AND PERSON DOING THIS PARTY(GAUTAM DAS} AND HE IS INTENTIONALLY CREATING PROBLEMS BY AUTOMATICALLY SWITCHING OFF MY HD SET TOP BOXES FROM THEIR SERVICE CENTRES AND DISTURBING EVERY CHANNELS IN MY STB WITH CUSTOMER ID 125972766 AND CARD NUMBER 10587411926 AND WHEN I ASK THEM TO REFUND AMOUNT Rs 6000 INCLUDING PENALTY FOR INTENTIONALLY HARRASING TO AN INDIVIDUAL CONSUMER BY LISTENNG TO TMC PARY AND NOT GETTING GOOD QUALITY SERVICE FROM VIDEOCON D2H AND MOREOVER THE DISTRIBUTOR IS A POLITICIALLY INFLUNENTIAL PERSON DOING TMC IS ALSO INVOLVED IN THIS I am kalyan halder resident of chunaripara colony, Care Of SANJIB das post office ichapur nawabgunj district north 24 parganas pin code 743144 Sir, I am using Videocon d2h service and my customer Id is 125972766 registered in the name of my father PORITOSH HALDER and this service is used by his son KALYAN HALDER.
Sir, for nearly 6 months Videocon d2h Kolkata Gaurav Dhar mobile number:- 9874788738 working in salt lake Kolkata, his customer care serviced centers staff local technicians are doing politics in their and listening to a particular party Trinamool Congress Party and person doing this party Gautam Das who is a promoter and he is a promoter who is disturbing us by creating this kind of problems with his motive to sell our legal property and trying to earn money by making flat over there and to achieve his target he is instructing this area officer Gaurav dhar to intentionally creating problems in my hd set op box so that by this kind of disturbance we leave the house.
Sir, even I have complaint to consumer affairs department of government of india with docket numbers 2005198, 2006370 but the area officer is not refunding money (Rs 6000) at any cost including penalty for intentionally harassing an individual consumer by listening to TMC Party and disturbing every channels in my STB with customer ID 125972766) and card number 10587411926 and not getting good quality service from Videocon d2h.
Sir, whenever I am complaining against them and asking for refund money of my hd set top box then area officer Gaurav das is again and again telling me to bring technicians at home and do servicing of my set top box with a minimum charge Rs 200 when I have every valid reason to proof that this problem is being created externally from their customer care service centre 1800212212 and there is no fault in my set top box which I am mentioning below and I have right to get my hard earned money back which the company is not giving and violating consumer rights.”
Shri P. Nagarajan, Under Secretary & CPIO, Ministry of Information & Broadcasting, New Delhi vide letter dated 19.05.2020, informed to the Appellant as under:
“I am directed to refer to your RTI application under registration no. MOIAB/R/E/20/00253 dated 12.05.2020 and to say that your application does not come under RTI Act, rather it is a grievance against private DTH operator M/s Dish TV India Ltd. Hence, the same is being forwarded to M/s Dish TV India Ltd. for appropriate action/redressal of the grievance.”
Being dissatisfied, the Appellant filed a First Appeal dated 08.06.2020. The First Appellate Authority vide order dated 16.06.2020, upheld the CPIO’s reply.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that adequate reply has been p