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BEFORE THE APPELLATE AUTHORITY

(Under the Right to Information Act, 2005)

SECURITIES AND EXCHANGE BOARD OF INDIA

 Appeal No. 2278 of 2015

Manish Gupta : Appellant 

 Vs.

CPIO, SEBI, Mumbai : Respondent

ORDER

1.   The appellant had filed an undated application (received at SEBI on September 4, 2015),

under the Right to Information Act, 2005 (hereinafter referred to as "RTI Act"). The

respondent vide letter dated September 30, 2015, responded to the appellant. The

appellant has filed this appeal dated October 4, 2015 (received at SEBI on October 28,

2015) and undated additional submissions (received at SEBI on November 4, 2015),

against the said response. I have carefully considered the application, the response and the

appeal and find that the matter can be decided based on the material available on record.

2.  From the appeal, I note that the appellant is aggrieved by the respondent's response to his

application regarding Baroda Carbon Limited .

3.  In his response to the appellant's application, the respondent inter alia informed him that

the information sought was in the nature of a grievance and hence, the same did not

qualify as 'information' under Section 2(f) of the RTI Act. The respondent also informed the

appellant that SEBI had launched a new web based centralized grievance redress system

called SEBI Complaints Redress System (SCORES) and he may lodge his complaint, if

any, at http://scores.gov.in. 

4.  In this appeal, the appellant has reiterated the request for information as contained in his

application.

5.1  Upon a perusal of the appellant’s request for information as contained in his application, it

is observed that what was sought therein was a resolution of grievance, which is not

mandated under the RTI Act. In this context, I note that the Hon'ble CIC in the matter of

Sh. Triveni Prasad Bahuguna vs. LIC of India, Lucknow (Decision dated September 6, 2012), had

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held that: "The Appellant is informed that … redressal of grievance does not fall within the ambit of the

RTI Act …”   Further, in  Mr. H. K. Bansal vs. CPIO & GM (OP), MTNL (Decision dated

 January 29, 2013), the Hon'ble CIC had held that: "The RTI Act is not the proper law for

redressal of grievances/disputes …"  In view of these observations, I find that if the appellant

has any grievance, etc. the remedy for the same would not lie under the provisions of theRTI Act.

5.2   Without prejudice to the foregoing, I note that the respondent also informed the appellant

about SCORES, where he may lodge his complaint, if any. In view of the aforementioned,

I find no deficiency in the respondent's response.

6.  I, therefore, find that there is no need to interfere with the decision of therespondent. The

appeal is accordingly dismissed.

Place: Mumbai  S. RAMAN 

Date: November 19, 2015   APPELLATE AUTHORITY  

SECURITIES AND EXCHANGE BOARD OF INDIA