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File no: CIC/LS/A/2011/002377/BS/0668
Relevant facts emerging from the appeal Appellant : Mr. Mahendra Kumar Gupta
B-205, Plot No.11, Sahara,
Sec 6, Dwarka, New Delhi-110075
Respondent : CPIO & Asstt. Director (QS)
Department of Posts
O/o CPMG
Delhi Circle, New Delhi-10001
RTI Application filed on : 01/09/2010
CPIO Replied on : 26/10/2010
First Appeal Filed on : 25/11/2010
First Appellate Authority Order : 28/12/2010
Second Appeal Received on : 01/04/2011
Information Sought:
The appellant sought information on 11 points regarding 05 letters sent to CIC viz. proof of Delivery, status of speed post etc and also mentioned some delayed speed post deliveries asking about procedure to claim compensation, the delivery norms for speed post and reasons for removing the compensation policy from the website.
Reply of CPIO:
CPIO has replied point wise to the queries of the appellant. However, some information has been denied on the ground of policy matter and non-availability of data.
Grounds of First Appeal:
Not satisfied with the information provided by CPIO.
FAA order:
The website is being maintained by PTC Mysore on instructions of Postal Directorate. This office has no role in this matter hence the same is being forwarded to the relevant authorities and the appeal is disposed off accordingly.
Grounds of First Appeal:
Not satisfied with the order passed by A.A.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. M K Gupta
Respondent: Mr. Brij Bhushan Arya CPIO's representative
The appellant stated that he has not been provided proper & timely information in response to his RTI application dated 01/09/2010. He contended that information in respect of para 2 (vi, ix & x) was furnished o him only on 16/08/2012 and the procedure for obtaining compensation in case of loss/delay of speed post articles was not uploaded on the website. In this connection he quoted para 5 of the Commission's earlier order in appeal No. CIC/DS/A/2009/000026, dated 27/1/2010 observing as follows:
"Also, each major centre should ensure that complaints received through e-mail are responded to immediately way of confirmation of receipt of the e-mail with an assurance that the complaint would be looked into and decision taken within 7 to 10 working days. The booking centre should then inform the complainant regarding his refund on telephone so that the complainant does not have to make one or more trips to the post office to
(a) Make his complaint
(b) To follow up on the complaint; and
(c) To take his refund as the visits will cost him more than the amount of the refund
thereby making the entire exercise inequitable and loaded in favour of the public authority who has already received in advance the charges for a service that they did not ultimately provide." The CPIO's representative stated that the delay occurred as the information had to be obtained from PTC Mysore which took some time. As regards loading of the process for claiming compensation on the website the matter would be taken up with the higher authorities.
Decision Notice:
After hearing submissions of both the parties it is directed that a copy of the Commission's order in appeal no. CIC/DS/A/2009/000026, dated 27/01/2010 be placed before the Secretary, Department of Post, for taking appropriate action; particularly on the issue of simplifying the cumbersome procedure for claiming refund/compensation for delay/loss of speed post and loading the same on the website.
As regards the delay in furnishing of complete information to the appellant the Commission directs the CPIO to furnish his written submissions within 15 days of the receipt of this order explaining whether he had any reasonable cause for not providing complete/timely information to the appellant. In case he fails to provide any satisfactory reply the Commission may consider imposing penalty on him in terms of the provisions of Section 20(1) of the RTI Act.
The appeal is disposed of accordingly.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH
Information Commissioner
August 23, 2012Information Commissioner
(In any correspondence on this decision, mention the complete decision number.) (MT
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