Appellant : Shri Devdas Perumpilly ORDER. The present appeal, filed by Shri Devdas Perumpilly against Cochin Port Trust,

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1 Central Information Commission Room No. 305, 2nd Floor, B Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi Web: Tel No: Case No. November 7, 2013 Appellant : Shri Devdas Perumpilly Respondents : Cochin Port Trust Date of Hearing : ORDER The present appeal, filed by Shri Devdas Perumpilly against Cochin Port Trust, was taken up for hearing on via videoconferencing (VC) when the Respondents were present at the NIC VC facility at Cochin through Dr. C. Unnikrishan Nair, Traffic Manager & CPIO. The Appellant was, however, not present. 2. The Appellant through his RTI application dated sought following information: 1) The copy of import general manifest of the container by vessel Rajiv Gandhi U.V Cleared at Cochin port by M/s AJAY OVERSEAS SHIPPING, P.B. No. 658 W/Island on as per attached BL No. COK/2396/ ) The copy of import containerized cargo management charges bill for above. 3) The copy of ground rent charges bill for above. 4) The copy of the container dyestuff bill for above. Page 1 of 5

2 2 5) The copy of authorization letter given by the agent for de stuffing the container. 3. The CPIO vide his letter dated provided point wise information to the Appellant, dissatisfied with which the Appellant filed an appeal dated The Appellant, in this appeal, alleged that the document provided by the CPIO against point No. 1 of his RTI application is false, while information against point No. 2 has not been provided by the CPIO, 4. The Appellate Authority disposed of this appeal vide his order dated As for point No.2, the Appellate Authority explained to the Appellant: Your consignment was de stuffed on and the items cleared on Therefore, no storage charge was billed on you and hence there was no Cargo Management Charge bill or Storage charge bill in respect of your cargo. The term Cargo Management Charge bill is not used. As regards point No. 1, where the Appellant had alleged that he has been given false document, the Appellate Authority clarified that the IGM is filed by the Steamer Agents with the customs for the entire cargo in the ship. Cochin Port is not the custodian of the document. Despite this, a copy of the console IGM check list which was specific to your cargo was arranged to you from our records. 5. The Appellant, however, on still not being satisfied with the information given by the Appellate Authority, filed the present appeal before the Commission, inter alia, alleging that the information given by the Respondents is incomplete, incorrect and misleading. 6. During the hearing, the Respondents inform the Commission that the Appellant in his present RTI application wanted to obtain copies of five documents, of which copies of four documents have been provided to him. They mention that the Appellant has at 2

3 present following grievances/complaints against the information/reply given to him in respect of his instant RTI application: i) non supply of information in respect of point No.2 of the RTI application i.e. copy of import containerized cargo management charges bill; and ii) providing copy of the document other than the one which had been requested for i.e. copy of Import General Manifest (IGM) Point No. 1 of the RTI application. 7. As for non supply of copy of import containerized cargo management charges bill, the Respondents explain that since the cargo was delivered within free period, no storage charge was levied and hence no bill was required to be made. Further, the term Cargo Management Charges bill is not used. This fact has already been communicated to the Appellant by the Appellate Authority. 8. As for Import General Manifest (IGM), the Respondents explains that IGM is a document filed under section 30 of the Customs Act by the Ship s agent before the Commissioner of Customs (or the proper officer authorized) to get entry inwards for the ship. It lists out the entire cargo held in the ship and destined for unloading at a port and also the ship stores. The manifest will contain the description of import to be cleared by all agents and under all bill of lading. This information relates to large number of importers and is commercially sensitive. The Commissioner of Customs is the custodian of the document. However, in his case, it can be seen that the Appellant had made specific description while seeking for a copy of IGM i.e. IGM cleared at Cochin Port by M/s Ajay Overseas Shipping, P.B. No. 658 Willingdon Island on as per attached B/L No. COK/2396/2011. They thus state that when such specific description Page 3 of 5

4 4 was made by the Appellant, it is clear that he was not referring to the entire ship load of import. He was referring to that part of the cargo which was cleared by the specified agent as per one bill of lading. Therefore, they have provided to him extract from IGM check list which was related to his consignment. They also mention that the Port can access the copy of IGM from the Customs on line facility for data interchange which enabled them to give a copy of the said document to the Appellant. They according plead that the present appeal may be dismissed as they have provided the information to the Appellant as per his RTI application. 9. In view of the submissions above and on perusal of records, the Commission finds no merit in the Appellant s allegations that the information given to him by the Respondents is incorrect, misleading and incomplete. The Respondents, in fact, have provided factual and correct information to the Appellant as per their records. The Commission also does not see any delay, as alleged by the Appellant, in responding to the Appellant s instant RTI application by the CPIO. The CPIO had replied to the Appellant s instant RTI application within the stipulated time period. 10. The appeal thus fails, rejected. (Sushma Singh) Information Commissioner 4

5 Authenticated by (D.C. Singh) Deputy Registrar Address to the Parties: 1. Shri Devdas Perumpilly Sree Bhavanam Kallur P.O. Pin Thrissur (DT) 2. The Central Public Information Officer (RTI) & Traffic Manager Cochin Port Trust Willingdon Island Cochin The Appellate Authority (RTI) Deputy Chairman Cochin Port Trust Willingdon Island Cochin Page 5 of 5