Consumer forum can’t act on RTI cases’

CHENNAI: A consumer forum cannot decide whether there is negligence or deficiency in service on the part of public information officers (PIO) or other authorities under the Right to Information (RTI) Act, said the Tamil Nadu State Consumer Disputes Redressal Commission.
In an order last month, a bench comprising commission president Justice (retd) R Regupathi, judicial member J Jayaram and member P Bakiyavathi said the Supreme Court had said the Consumer Protection Act was in addition to the provisions of other law “unless there was a clear bar.” Whereas, the RTI Act had a provision which specifically said it was beyond the jurisdiction of courts.
The matter relates to a petition filed by S Jeyaram who said that under the RTI Act, he had sought some information regarding Apollo Hospitals from the public information officer and deputy/under secretary of the health and family welfare department. As the PIO failed to furnish the details, he moved north Chennai district consumer disputes redressal forum. The forum rejected the petition stating the complaint was not maintainable. Jeyaram then filed an appeal in the state commission.
He said that the relevant section of the Consumer Protection Act said: “The provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.” As such, a person seeking information under the RTI Act could approach the consumer forum, he said
In 2013, the national commission had said that a person seeking information under the RTI Act could not be considered as a consumer as according to the relevant provision of the RTI Act, he/she had the remedy of approaching the appellate authority. Also, the RTI Act provided PIOs with independent decision making authority to decide whether disclosure of information was in public interest, said the bench.
Without being a consumer one could not seek remedy under the Consumer Protection Act, said the bench adding that after exhausting the options under the RTI Act, one could only approach the appellate forum for further reliefs and redressal of grievances.