Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/000511
Dated: 16.08.2012
Name of Appellant : Shri Kamal Kishore Arora
Name of Respondent : Trade Marks Registry Ministry of Commerce & Industry
Date of Hearing : 24.07.2012
ORDER
Shri Kamal Kishore Arora, hereinafter called the appellant has filed the present appeal dated 21.11.2011 before the Commission against the respondent Trade Marks Registry, Ministry of Commerce & Industry, New Delhi for providing incomplete and incorrect information in reply to his RTI-application dated 6.9.2011. The matter came up for hearing on 24.07.2012. The appellant was absent whereas the respondent were represented by Ms. Prem Lata, Assistant Registrar.
2. The appellant through his RTI application dated 6.9.2011 sought reasons for the delay in issuance of the Certificate of Registration in respect of Application No. 1583011 for Registration of Trade Marks to Khera's Crown, Pilibhit under the Trade Marks Act, 1999. The CPIO vide her letter No. PL/RTI/11/464/530 dated 22.9.2011 informed the appellant that the registration certificate cannot be issued till TM-16 was disposed of in the data base and the TM-16 documents were not uploaded which was being located and shall be disposed of after traced out and uploaded in the software module.
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3. Aggrieved with the reply of the CPIO, the appellant filed first-appeal on 7.10.2011 before the FAA. The FAA vide his order No. POD/RTI/ Appeal/8/ 10/2012011 dated 11.11.2011 held that the CPIO can provide the information which is under the possession of the public authority. The CPIO cannot provide the information which is not on record. If a delay has occurred in processing the said trademarks application for issue of the said registration certificate, the matter may be brought to the notice of Head Trade marks Registry, Delhi or his higher Authority.
4. During the hearing the respondent CPIO summits that the appellant has sought reasons for delay in issuance of the Certificate of Registration in respect of Application No. 1583011 for Registration of Trade Marks to Khera's Crown, Pilibhit under the Trade Marks Act, 1999, which is not covered within the ambit of 'information' as defined u/s 2(f) of the RTI Application.
5. Having considered the submissions of the parties and perused the relevant documents on file, the Commission is of the view that the information as held by or under the control of the respondent public authority, can be provided to the appellant. The Commission observes that requisite information permissible under the RTI Act and as per record has been provided to the appellant by the respondent. The RTI Act is not the forum for redressal of grievances. The appellant is advised, in case he so desires, to approach the competent authority for redressal of his grievances.
(Sushma Singh)
Information Commissioner
Authenticated true copy:
(K.K. Sharma)
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OSD & Deputy Registrar
Address of the parties:
Shri Kamal Kishore Arora,
1158, Bazar Old Kanak Mandi,
Amritsar-143006.
The CPIO,
Trade Marks Registry,
Ministry of Commerce & Industry,
Intellectual Property Office,
Plot No. 32, Sector-14, Dwarka,
New Delhi-110075.
The First Appellate Authority,
Trade Marks Registry,
Ministry of Commerce & Industry,
Intellectual Property Office,
Plot No. 32, Sector-14, Dwarka,
New Delhi-110075.