NATHI MAL GUPTA Vs. POWER DEPT. GNCTD

JUDGEMENT

(1.) HEARD on 10.10.14. Complainant present. Respondent is represented by Shri S.K. Nagaria and Shri Rakesh Chauhan.

(2.) THE Complainant filed RTI application dated NIL whereby he sought information with respect to Meter No. 61068 installed in the name of Rakesh Kumar Viz Under what condition the meter was removed from the premises and where is that meter installed currently, whether any bill/dues were pending against it, also the details of the payment done against this meter/connection. PIO, Dept. Of Power by their letter dated (sic) -4 -2014 stated that as the matter pertains to the distribution Companies and as the Hon'ble Delhi High Court in W.P. Nos. 542, 543 and 544/2007 had stayed the operation of RTI on them, the department was not in a position to transfer the application to them under Sec. 6 (3) of RTI act. Being unsatisfied with the information provided, the Complainant has approached the Commission Via this Complaint.

(3.) THE Commission after hearing the submissions directs the Respondent Authority to furnish the certified copy of the agreement to the appellant and to this Commission, examine the agreement between it and the distribution company as to what are the terms with regard to defective meters and negligent distribution resulting in difficulties to the consumers. If the agreement is silent on this aspect, it is to be considered as serious deficiency on the part of Power Department in entering into an agreement with private distribution company. If the distribution company does not take responsibility to resolve the difficulties arising out of negligent distribution and defective meters, it is the responsibility of the power department, as a regulatory to answer the problems of its consumers. It is absolutely wrong to say that power department is not concerned with the distribution problem of the people as it cannot abdicate its constitutional responsibility as 'state' in resolving the problems of the citizens citing a stay of High Court in transferring the RTI application u/s. 6(3) of the RTI Act, which is nothing but escapism.