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Central Information Commission

Prasad Bhalchandra Vaidya vs State Bank Of India on 5 January, 2017

                       Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place,
                            New Delhi-110066
                            website-cic.gov.in

                        Case No. CIC/MP/A/2016/001330

     Appellant                     : Shri Prasad Bhalchandra Vaidya, Latur.

     Public Authority              : State Bank of India, Latur.

     Date of Hearing               : 19th December, 2016

     Date of Decision              : 30th December, 2016.

     Present
     Appellant                     : Present through VC.

     Respondent                    : Not present.

     RTI application               :   05.04.2016
     CPIO's reply                  :   22.04.2016
     First Appeal                  :   06.05.2016
     FAA's order                   :   19.05.2016
     Second Appeal                 :   04.06.2016

     Information Commissioner : Manjula Prasher

                                       ORDER

1. The appellant, Shri Prasad Bhalachandra Vaidya, submitted RTI application before the Central Public Information Officer (CPIO), State Bank of India, Latur seeking provisions of SARFAESI, Act, 2002 in respect of vehicle loan; action taken on the complaint filed by Shri Prasanna Balachandra Vaidya against the SBI, Barshi Road Branch, Latur & Regional Bank, Latur received by the Office of Chairman the Chairman from 1.9.2015 till the date of filing the RTI application; list of recovery agents who were appointed to recover vehicle loans in Latur; list of vehicles kept for auction in the month of August, 2015 and September, 2015; copy of notice issued to borrowers whose vehicles were kept for auction; list of borrowers whose pending loan were reconstructed and the relaxation provided to the borrowers etc. through five points.

2. The CPIO provided the gist of SARFAESI Act, 2002, the list of recovery agents and denied information; denied action taken Shri Prasanna Balachandra Vaidya's complaint u/s 8(1)(e) and (j) of the RTI Act and information relating to reconstruction of vehicle loans u/s 8(1)(d) of the RTI Act, 2005; informed the appellant that no auction of vehicles was done by the SBI. Aggrieved with the decision of the CPIO, the appellant filed an appeal before the first appellate authority (FAA). The FAA while upholding the decision of the CPIO held that the appellant had not shown any connection to the complaint regarding which he sought the information, hence could not be provided under the provisions of Section 8(1)(e) & (j) of the RTI Act, 2005.

3. Thereafter the appellant filed the present appeal before the Commission on the grounds of having been provided with false and incomplete information.

4 The matter was heard by the Commission. The appellant stated that the CPIO had provided vague information on point 1. He sought action taken on the complaint filed by Shri Prasanna Balachandra Vaidya against the SBI, Barshi Road Branch, Latur & Regional Bank, Latur received by the Office of Chairman the Chairman from 1.9.2015 till the date of filing the RTI application. The list of vehicles kept for auction was not provided by the CPIO, whereas many vehicles were kept for auction. The list of recovery agents was provided for Maharashtra that was published in 2014 and not specifically for Latur. The respondents were not present in spite of a notice of hearing having been sent to them.

5. Having considered the submissions of the appellant, the Commission directs the CPIO (i) provide list of recovery agents for Latur, as available; and (ii) list of vehicles kept for auction as available. The CPIO will comply with the directions of the Commission within two weeks of the receipt of the order of the Commission. The Commission upholds the decision of the FAA on points 2, 4 and 5. The Commission takes a serious view of the CPIO not attending the hearing by the CPIO. The CPIO is directed to send his explanation to the CIC/MP/A/2016/001330 2 Commission explaining reasons for not attending the hearing, within two weeks of the receipt of the order of the Commission.

(Manjula Prasher) Information Commissioner Authenticated true copy:

Deputy Registrar Address of the parties:

Shri Prasad Bhalchandra Vaidya, The Central Public Information Officer, Behind Hotel Vishwamitra, State Bank of India, Ramnagar, Ausa Road, Regional Business Office, Latur-413531. Shriphal, Adarsh Colony, Ausa Road, Near Maindrakar Hospital, Latur-413512 The GM (NW-III)/FAA, State Bank of India, LHO Mumbai, C/6, G. Block, Bandra Kurla Complex, Mumbai-400051 CIC/MP/A/2016/001330 3