Venkatasubramaniam R vs National Housing Bank (Nhb) on 5 October, 2023

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Central Information Commission

Venkatasubramaniam R vs National Housing Bank (Nhb) on 5 October, 2023

1. The issue under consideration arising out of the second appeal dated 12.01.2022 include non-receipt of the following information sought by the appellant through the RTI application dated 04.09.2021 and first appeal dated 13.10.2021 :-

(i) Copies of your departmental action & details of enquiry conducted to the dependent DHFL (Dewan Housing Finance Limited) for the petition dated 04.02.2021, seekingrelaxation for the EMI amount deducted by DHFL and penalty charges paid during COVID-19 moratorium period related complaint send to Complaint Redressal Cell, National Housing Bank, Head Office through the Association of Consumer and Environment Protection & Watch located at #68/41, Jayashankar Colony, Hosur Town, Housr Talik, Krishnagiri (Dist), Tamil Nadu-

635109. On behalf of petitioner R Venkatasubramaniam, S/o A Ramalingam, Residing at No **, Akshara Homes, Annai Nagar, Muneeshwar Nagar Extn., Hosur, Krishnagiti Distt, Tamil Nadu - 635109.

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(ii) Copies for action taken by the complaint redressal cell, National Housing Bank, Delhi, to the appeal petition sent in the month of April 2021 by R Venkata subramaniumS/o A Ramalingam, No **, Akshara Homes, Annai Nagar, Muneeshwar Nagar Extn. Hosur, Krishnagiti (Distt), Tamil Nadu- 635109.

2. Succinctly facts of the case are that the appellant filed an application dated 04.09.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Housing Bank, New Delhi. The CPIO vide letter dated 26.10.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 13.10.2021. The First Appellate Authority(FAA) did not issue any order. Aggrieved by that, the appellant filed second appeal dated 12.01.2022 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated12.01.2022 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 26.10.2021 and the same is reproduced as under:

(I) The said complaint was received and registered online on National Housing Bank's (NHB's) Grievance Redressal and Information Database System (GRIDS) on 9.2.2021. System generated complaint acknowledgement No. COMP/957/2021 was sent to the Complainant on his registered email address. The complaint was referred to the Housing Finance Company (HFC) for its response/resolution. After examining the HFC's response/action taken, the Competent Authority has closed the complaint as per the provisions of NHB's Grievance Redressal Policy (GRP). As per GRP, loans availed by the borrowers, are primarily governed by the terms and conditions of the loan contract executed between the related parties. NHB shall play facilitative role on such complaint by taking up the complaint with the concerned HFC for resolution. System generated closure letter was sent to the complainant on his registered email address. Copy of the closure letter and other enclosures are attached as Annextue A. Page 2 of 4

(ii) Appeal (APPI/243/2021) has teen registered on GRIDS. System generated Appeal acknowledgement was sent to the Complainant on his registered email address. The Appeal is currently under process."

The FAA did not pass any order.

5. The appellant and on behalf of the respondent Shri Aditya Sharma, CPIO and Deputy General Manager and Shri Rahul Kumar Meena, Assistant Manager, National Housing Bank, Delhi, attended the hearing in person.

5.1 The appellant inter alia submitted that action taken on his representation was not provided by the respondent till the date of hearing.

5.2. The respondent while defending their case inter alia submitted that the appellant filed RTI application and sought information relating to complaint/ petition filed by him regarding his loan account(s) with Dewan Housing Finance Corporation Limited (DHFL). They informed that the appellant had availed loans from DHFL. He paid EMIs to the company regularly up to the onset of COVID-19. Further, the appellant had filed a request for grant of moratorium on his loan as per the policy of the Reserve Bank of India. They stated that the appellant was borrower of DHFC and entered into a contract with them. Subsequently, the loan was sold to LIC. They further stated that they had replied to the RTI application vide letter dated 26.10.2021. However, copy of the same was not on record.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the appellant sought information regarding his representations dated 04.02.2021, seeking relaxation for the EMI amount deducted by DHFL and penalty charges paid during COVID-19 moratorium period. The respondent had provided point-wise reply to the appellant vide letter dated 26.10.2021. Perusal of the replies given by the respondent revealed that action taken on the appellant's appeal filed in the month of April 2021 was under process. The respondent had not provided the action taken on the said appeal till the date of hearing. Thus, the reply given by the respondent was incomplete and evasive. Therefore, the respondent is directed to revisit the RTI application and provide self-contained revised information to Page 3 of 4 the appellant including action taken on his appeal, within three weeks from the date of receipt of this order. With the above observations and directions, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 06.10.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO National Housing Bank, Core 5A, 4th Floor, India Habitat Centre, LodhiRoad , New Delhi - 110 003 First Appellate Authority National Housing Bank, Core 5A, 4th Floor, India Habitat Centre, Lodhi Road, New Delhi-110 003 Shri Venkatasubramaniam R, Page 4 of 4

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