LIC agent claimed that she has suffered huge loss during the last two years due to illegal disconnection of her telephone on alleged ground of non-payment - CIC: Compensation of Rs.3000/- granted for the inconvenience & detriment caused to her

Information sought:

The appellant has sought the following information:-

1. A copy of entire file with note file in which my RTI application second and fourth ref. above have been dealt with in the office of the GM TN Circle, Chennai and also in the office of the AGM, BSNL, Vellore Telecom Dist., Vellore.

 2. A copy of entire file with note file in which my RTI application third and fifth ref. above have been dealt with in the office of the GM TN Circle, Chennai and also in the office of the AGM, BSNL, Vellore Telecom Dist., Vellore.

3. A copy of entire file with note file in which my letter dated 02/11/2011 referred sixth above have been dealt with in the office of the AGM, BSNL, Vellore Telecom Dist., Vellore.

4. A copy of entire file with note file in which the ref. 7th cited above has been made.

5. A copy of the bill payment details with receipt numbers for the telephone connection first ref. above during the period from 01/04/2009 to 28/10/2010.

Grounds for the Second Appeal: The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing held on 20/08/2014 The following were present

Appellant: Ms. S. Rajeswari through VC M: 09443489976

Respondent: Mr. Raji CPIO through VC M: 09444000969

The appellant stated that her telephone and broadband connection were wrongly disconnected and she had sought information on 5 points, however, the information relating to points 1 to 4 and part information relating to point 5 has not been provided. She clarified that as regards query 1 & 2 the information is available with the GM’s office at Chennai and that relating to 3, 4 & 5 is available with Vellore branch of BSNL. The CPIO stated that he will look into the matter and provide the information available on record. The appellant pleaded that the hearing should not be concluded but an adjournment given to ensure compliance.

Interim Decision notice dated 20/08/2014: As requested by the appellant it is decided to adjourn the matter. The next hearing is fixed for 24/09/2014 at 4.00 pm.

Relevant Facts emerging during on Hearing 24/09/2014: The following were present

Appellant: Ms. S. Rajeswari through VC M: 09443489976

Respondent: Mr. Raji CPIO Chennai through VC M: 09444000969 & Ms. A Dhanlakshmi CPIO’s representative Vellore through VC

The appellant stated that she is not satisfied with the information provided by the BSNL Vellore office as they have supplied information only on para 5 whereas the other information requested under para 3 & 4 is yet to be furnished. She further stated that she is an LIC agent and her livelihood is dependent on canvassing business through e-mail & telephone calls and she has suffered huge loss during the last two years due to illegal disconnection of her telephone on alleged ground of non-payment. The CPIO’s representative Vellore stated that the entire file is available with her and the appellant is free to take whatever information/documents she needs. The appellant contested stating that it is the respondent’s duty to supply the information. The CPIO Chennai stated that the information sought under para 1 & 2 is not available as the file appears to have been lost during the shifting of the office between December 2013 & January 2014. The appellant pleaded that she has faced detriment on account of non provision of information and some compensation should be awarded.

Decision Notice:

The CPIO Chennai has submitted that the file containing the information sought by the appellant under para 1 & 2 of her RTI application dated 06/02/2013 is not available. He is, therefore, directed to file an appropriate affidavit before the Commission confirming nonavailability of the information within 7 days from the date of receipt of this order. A copy of the affidavit should be endorsed to the appellant. The CPIO Vellore is directed to supply the information requested by the appellant under para 3 & 4 of her RTI application, free of cost, within 07 days from the date of receipt of this order. From the appellant’s submissions it is apparent that she has not received the complete information. For the inconvenience caused to her, she deserves to be compensated. Therefore, in exercise of the powers vested in the CIC in Section 19(8)(b) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to require the public authority to compensate the complainant for any loss or other detriment suffered; of the RTI Act we direct the department to compensate him by an amount of Rs.3000/- for the inconvenience and detriment caused to her. Accordingly, the CPIO, Chennai should ensure that this amount is remitted to the appellant by demand draft/pay order within 30 days from the date of receipt of this order. The appeal is disposed of accordingly.

BASANT SETH

Information Commissioner

Citation: Ms. S. Rajeswari v. BSNL in File No. CIC/BS/A/2013/001676/6072