S P THIRUMALA RAO Vs. MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) THE grievance of the complainant who is Consultant Physician is that some private telephone provider had dug up the footpath in front of his clinic, for laying telephone cables and after laying the PVC pipes, failed to restore the footpath in original condition. The damaged footpath and projected PVC pipe was causing obstruction to his patient and pedestrians. He, therefore, filed two applications before the opposite party on 10.2.2003, under Rule 4(1) of the Karnataka Right to Information Act, 2002 (hereinafter referred as the said Act) seeking information about the said private telephone provider. The OP was required to furnish information within 15 days under the Act, but the said information was not furnished which according to the complainant amounts to deficiency of service. The complainant, therefore, filed a complaint before the District Forum claiming damages/compensation of Rs.30,000/ - and cost of Rs.1,000/ -.

(2.) THE State Commission referred to Section 7 of the Karnataka Right to Information Act, 2002 and held that since no communication was sent to the complainant within 15 working days of filing the applications in terms of Section 5 of the Act, it is a case of deemed rejection against which, an appeal is provided under Clause II of Section 7 of the said Act. The State Commission also took into account that though the remedy under Section 3 of the CP Act is in addition to remedy provided under other Acts and not in derogation of the provisions of any other law, yet, once the complainant has availed the remedy against which appeal is provided, he cannot maintain a complaint under the CP Act. Accordingly, the appeal was allowed and the order of the District Forum was set aside. This order is subject matter of challenge before us. Ld. Counsel for the petitioner was heard.

(3.) THE Respondent was duly served for 23.2.2009 when the matter was fixed for final hearing but the respondent did not appear. The acknowledgement card of service of Respondent is kept in Part II file. No one appeared for the respondent.