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/2011/001950
Dated: 16.08.2012
Name of Appellant : Shri Neel Kamal Gupta
Name of Respondent : Trade Marks Registry Ministry of Commerce & Industry
Date of Hearing : 24.07.2012
ORDER
Shri Neel Kamal Gupta, hereinafter called the appellant has filed the present appeal dated 1.4.2011 before the Commission against the respondent Trade Marks Registry, Ministry of Commerce & Industry, New Delhi for not providing information in reply to his RTI-application dated 2.2.2011. The appellant was absent whereas the respondent were represented by Ms. Prem Lata, Assistant Registrar.
2. This matter was earlier heard by the Commission on 23.4.2012. During the hearing the respondent CPIO had stated that the CPIO, vide letter No. PL/RTI/572/1409 dated 19.3.2012, had informed the appellant that as per the physical records, no dispatch details were available. Though copy of the registration certificate was available in the file, date of dispatch was not available. The appellant had stated before the Commission that he would send a letter to the Commission with the request to withdraw his instant appeal. The appellant however failed to do so. Hence the matter was rescheduled for hearing on 24.7.2012.
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3. The appellant through his RTI application dated 2.2.2011 sought reasons why the Registration Certificate No. 821893 dated 31.3.2009 had not been issued in respect of Registered Trade Mark No. 862798 in Class 28.
4. After failing to get any response from the CPIO, the appellant filed first appeal before the FAA on 7.3.2011. The FAA vide his order No. POD/RTI/ Appeal/7/13/ 2011/9 dated 16.3.2011 informed the appellant that the CPIO could not provide the information in prescribed time due to some administrative reasons. However, the CPIO has been directed to provide the necessary information very shortly in this regard.
5. During the hearing the respondent CPIO submits that the CPIO vide her letter No. PL/RTI/12 dated 24.7.2012 has again informed the appellant as follows: "This has reference to the RTI application filed by you in respect of Trade Mark application No. 862798. The said RTI application had already been replied vide this office letter dated 19.3.2012. However, in view of the hearing fixed on 24.7.2012 before the Commission, you are again provided the following information in reply to RTI application dated 2.2.2011: As per physical records dispatch details of registration certificate are not available. However, copy of registration certificate is available in file as having been issued."
6. The Commission is of the view that the information by the appellant pertained to his grievances for non-issuance of registration certificate. The RTI Act is not the forum for grievance redressal. However, the respondent have provided requisite information to the appellant.
The matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
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Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
Address of the parties:
Shri Neel Kamal Gupta, Advocate,
B.K. 27 (West), Shalimar Bagh,
Delhi-110088.
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.