Wednesday, 7 February 2018

Important Information on Consumer Rights


What is Information?


We often come across the word “information” and yes, it is a simple word but do we actually know what information is? Information is any factual data in any form, for instance – records, reports, documents, e-mails, memos, advice, opinions, circulars, press releases, orders, circulars, contracts, log books, papers, reports, models, samples and data material held in any form.



What is Right to Information?

A citizen under the Consumer Protection Act has a right to obtain any of the above-mentioned information types from a public authority either maintained by the public authority or is maintained under its control and to some extent the right even extends to private organizations as well. The Right to Information or RTI includes – Inspection of records, documents and work, taking extracts, notes or certified copies of records or documents, taking attested sample of factual information maintained by the public authority or maintained under the control of the public authority.

The legal resident has a right to seek any of these information types in the form of floppies, diskettes, video cassettes, tapes or in any other electronic types or even via printouts, on condition that the requested information is stored in a computer or in some other device wherein the information can be transferred further to any other storage system, like- diskettes, floppies, etc.

The benefits of this Act offer the RTI only to the Indian citizens. However, the act is not obliged to make provision for offering any such information to companies, associations, corporation and so forth, as these are legal entities or persons but not the citizens of India. Nevertheless, if an access to information is initiated by an office-bearer or employee of any company, association, corporation, NGO, etc. with his proper identity (name, etc) and if such office-bearer or employee is a citizen of India, it becomes the duty of the authority to entertain him/her with the required information. Such instances would be assumed as, a citizen has requested for information at the address of a company, association, corporation, NGO, etc.

Right To Information Before Private Companies

A citizen of India has every right to obtain information on a privately owned business or company, despite the fact that the entity is in the private sector, proviso the entity reports to a government body or is owned partially or considerably by any such governing body.


NRI’s Right To Information

Likewise, the Consumer Protection Act offers NRIs the right to information. Section 4 of the RTI Act, 2005 empowers NRIs and Persons of Indian Origin (PIOs) to approach and get access to the desired information. The RTI rights for NRIs and PIOs are defined by the Ministry of Overseas Indian Affairs. As one of their fundamental rights, in case of any query or grievance, people under this category can contact the Protector General of Emigrants (PGE). The DOP (Department of Post) has started the e-IPO, which is the electronic version of Indian Postal order, this is a facility that helps the NRIs to make online payment for obtaining information under Right to Information Act.

Content And Format Of Application

For the information request to be heard and adhered to, it should follow a specified format, which is easy and concise way of delivering your requirements to the concerned authority-
a) First and foremost, it is important that the applicant writes the queries as a numbered list. This order will be maintained by the PIO as well. Also, it is imperative to maintain the same number sequence for further appeal levels, for instance – first appeal, second appeal, Consumer complaints, etc.)
b) The applicant can write “N” number of paras and sub-paras in a single application. There is no such restriction on as to what amount of information can be obtained in a single application. The initial fee applicable on RTI application remains the same. However, an important thing to know is that each para/point should contend with just one part of information, record or work. It is allowed to pen-down sub-points or sub-paras.
c) Focus specifically on the reason or purpose of obtaining any such information.
d) The applicant should frame his queries in a concise and crisp way and makes it impossible for the authorities to wriggle out whole or part of the application.

However, before preparing the appeal or application, it is important that the applicant is well-versed with all the RTI rules framed by the High court or by the concerned State government. The applicant can also ask for a free, detailed copy of the Citizens Charter (a document setting out the rights of citizens) to be provided with the reply. 

For more information on RTI or when can and how to report an RTI Consumer Complaint Online, visit http://www.consumersathi.com

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