Complaint No. 170/SCIC/2011 Decided on 27/08/2014

GOA STATE INFORMATION COMMISISON

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji-Goa

Coram : Smt. Leena Mehendale, State Chief Information Commissioner

Complaint No. 170/SCIC/2011

Decided on 27/08/2014

Mrs. Severina P. Fernandes,

R/o. H.No. 1392(2), Flat No. 6, 1^st Floor,

Sunrise Apartments, Mazilwado,

Benaulim, Salcete, Goa. ----- Complainant

V/s

1. Additional Collector-II (South District)/Public Information Officer,

South Collectorate Building,

Margao, Goa.

2. Deputy Collector (LA) /Public Information Officer

South Collectorate Building,

Margao, Goa.

3. Mamlatdar of Salcete/Public Information Officer

South Collectorate Building,

Margao, Goa.

4. Chief Officer/Public Information Officer,

Margao Municipal Council,

Margao, Goa. ----- Opponents

O R D E R (Open Court)

RTI application dated : 01/08/2011

PIO reply : 23/08/2011

First Appeal filed on : Nil

FAA Order dated : Nil

Complaint filed on : 23/11/2011

1) This case arises in regard to original complaint application dated 28/07/2011 followed by RTI application dated 01/08/2011 to the PIO and Additional Collector –I Margao, Goa. It asked for action taken in respect of 1^st complaint dated 28/07/2011, particularly in respect of relief sought at para No. 11 that refers to right to life and safety of the property claiming that the issue comes under disaster management.

2) Complaint basically is a grievance against one Mr. Agnelo Mendes residing at Sunrise Apartment, Mazilwado, Benaulim, Salcete and owner of the open terrace of third floor, below which present complainant resides on the second floor, thus open terrace of Angelo is the ceiling of the flat of the complainant. The terrace has leakage/seeping problem from rain water and it is claimed that same has caused several damages to the flat of the complainant. Quoting this as background,

Cont ---2/--

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the complaint application was made to the Additional Collector invoking his role as a Disaster Management Authority. It was followed by RTI application, asking for action taken report.

3) The same RTI application dated 02/01/2011 was also made to PIO and Mamlatdar of Salcete.

4) Complaint memo is filed before SCIC impleading Additional Collector II as Respondent No. 1, Dy. Collector as Respondent No.2, The Mamlatdar of Salcete as Respondent No. 3 and Chief Officer of Margao Municipal Council as Respondent No. 4 even though no direct RTI application is made to the Respondent No. 2 and Respondent No. 4. This itself is against the spirit of proper judicial process.

5) No first appeal was filed, thus depriving the respondents of the remedy of stating their case before the First Appellate Authority.

6) The Complaint was fixed for hearing on 02/02/2012, when the PIOs have filed their reply which are taken on record, but the complainant remained absent on all 4 occasions till, the retirement of then SCIC in July 2012 and he could not dispose the complaint. No rebuttal or rejoinder was filed .

7) The complaint continued to remain absent, and hence last chance notice was sent fixing the hearing on 27/08/2014. The Complainant did not remain present.

8) Hence there is a reason to believe that the Complaint lacks merit, and the complainant has lost interest in pursuing the matter.

-- O R D E R –

Hence the complaint is dismissed with liberty to complainant to ask for reopening within 2 months of receiving this order by modifying the list of respondents, and include only those to whom RTI application was made. Order declared in Open Court. Inform Parties.

Sd/-

(Leena Mehendale)

Goa State Chief Information Commissioner,

Goa State Information Commission

Panaji-Goa