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/2011/001951
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 21.1.2011. 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 stated that the information as sought for by the appellant is related to his grievance regarding Trade Mark Registration in respect of application No. 1714709 in Class 25. The appellant submitted before the Commission that he would send a letter to the Commission with the request to withdraw his instant appeal. The appellant has, however, failed to do so. Hence the matter was rescheduled for hearing on 24.7.2012. 2 Case No. CIC/SS/A/2011/001951
3. The appellant through his RTI application dated 2.2.2011 sought reasons why application No. 1714709 in Class 25, Trade Mark Sudoku has not been sent for advertisement in the Trade Mark Journal so far.
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/11/3/ 2011/17 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 informed the appellant the status of the Trade Mark application No. 1714709 has been objected to and the application would be fixed for hearing in the order of date of application. Hearings are being fixed electronically.
6. The Commission is of the view that the appellant has sought reasons for not considering his Trade Mark application No. 1714709. The RTI Act is not the forum for redressal of grievances. However, the appellant has been suitably informed by the respondent about the status of his application vide letter dated 24.7.2012. However, the respondent is hereby warned to be more careful in future and to adhere to the provisions of the RTI Act while dealing with RTI matters.
The matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
Authenticated true copy:
3 Case No. CIC/SS/A/2011/001951
(K.K. Sharma)
OSD & Deputy Registrar
4 Case No. CIC/SS/A/2011/001951
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.