Central Information Commission
Jyothi Davuluri vs Ministry Of Corporate Affairs on 18 March, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MOCAF/A/2023/669935
CIC/MOCAF/A/2023/604825
CIC/MOCAF/A/2023/636830
Ms. Jyothi Davuluri ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Investor Education and Protection Fund ...प्रनतवािीगण /Respondent
Authority
Date of Hearing : 15.03.2024
Date of Decision : 15.03.2024
Chief Information Commissioner : Shri Heeralal Samariya
Since the subject matter of the information sought is similar, the above
mentioned cases are clubbed together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
669935 31.10.2022 05.12.2022 05.12.2022 28.12.2022 Nil
604825 05.12.2022 09.01.2023 10.01.2023 19.01.2023 Nil
636830 26.04.2023 25.05.2023 07.06.2023 10.07.2023 Nil
(1) CIC/MOCAF/A/2023/669935
Information soughtand background of the case:
The Appellant filed an RTI application dated 31.10.2022 seeking information on following points:-
"1. What is the timeline for refunding the Dividend, Shares to the Shareholder after receiving all the documents from Company/ Investor?
2. How many days will IEPF take to process the documents once all the documents are received by them and once IEPF mentions the case is under process? In case if there is any SLA in this regard please provide the same.
3. When did IEPF receive the documents pertaining to SRN no T 35641414 first time? When did the IEPF respond on the documents received? When did the Company complete the resubmission of the documents?
4. Please provide details of action take till date after final submission of the documents pertaining to SRN T35641414?Page 1 of 5
5. Please provide details of Officer responsible for taking action in this case and in case if there is dereliction of duty, what action has been taken till date?
6. Is it required that the investor has to approach IEPF through a private agency to get the refund of dividend/ return of shares in a timely manner? If yes please provide details of authorized agencies.
7. What action was taken after receiving the following complaints through PG Portal?
a. MOPG/E/2022/0212800 dated 11/08/2022 b. PMOPG/E/2022/0244965 dated 16/09/2022 c. PMOPG/E/2022/0254381 dated 22/09/2022 d. PMOPG/E/2022/0274785 dated 14/10/2022."
The CPIO, Investor Education And Protection Fund Authority (IEPF Authority) vide letter dated 05.12.2022 replied as under:-
"......it is to inform that information sought in the nature of Questions and Queries which is not covered and out of the purview of Right to Information Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.12.2022. The FAA vide order dated 28.12.2022 upheld the reply of CPIO and further stated as under:-
"3 However, the undersigned ordered the CPIO to apprise the updated status of the SRN bearing no. 135641414 under consideration. CPIO informed that said SRN is already process and will get approved shortly, if otherwise found in order."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Assistant Director, M Investor Education and Protection Fund Authority vide letter dated 11.03.2024 which has been taken on record.
(2) CIC/MOCAF/A/2023/604825 Information sought and background of the case:
The Appellant filed an RTI application dated 05.12.2022 seeking information on following points:-Page 2 of 5
"1. Please provide copy of GOs/ Office orders/ relevant document showing the timelines for resolution of request submitted for refund of Dividend, Shares to the Shareholder after receiving all the documents from Company/ Investor.
2. Please provide details of when IEPF received the documents pertaining to SRN no T 35641414 from M/s Pfizer Ltd., first time.
3. Please provide copies of files showing details of action taken till date after final submission of the documents pertaining to SRN T35641414 by M/s Pfizer Ltd.
4. Please provide details of Officer responsible for taking action in this case. As there is considerable delay in resolving the issue, please provide details of action taken till date, if any, against this officer.
5. Please provide details of authorized agencies recognised by IEPF whom shareholders can approach for submitting, following up and expediting their cases with IEPF. Please provide copy of any order which makes it mandatory for shareholders to approach IEPF through these agencies only.
6. Please provide copy of noting sheet/file/ details of action taken on the following complaints submitted by me through PG Portal?
a. MOPG/E/2022/0212800 dated 11/08/2022 b. PMOPG/E/2022/0244965 dated 16/09/2022 c. PMOPG/E/2022/0254381 dated 22/09/2022 d. PMOPG/E/2022/0274785 dated 14/10/2022."
The CPIO, Investor Education and Protection Fund Authority (IEPF Authority) vide letter dated 09.01.2023 replied as under:-
"............it is to inform that Informationsought is in the nature of Questions and Queries and therefore, of the purview of RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.01.2023. The FAA vide order dated 19.01.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Assistant Director, M Investor Education and Protection Fund Authority vide letter dated 11.03.2024 which has been taken on record.
Page 3 of 5(3) CIC/MOCAF/A/2023/636830 Information sought and background of the case:
The Appellant filed an RTI application dated 26.04.2023 seeking information on following points:-
"Xx Xx Xx
1. Please provide copy of GOs/ Office orders/ relevant document showing the timelines prescribed for resolution of requests submitted for refund of Dividend, Shares to the Shareholder after receiving all the documents from Company/ Investor.
2. Please provide copies of files/ notesheets showing details of action taken till date from the date of final submission of the documents pertaining to SRN T35641414. Please refer to attached file for further details, if any, required by you.
The CPIO, Investor Education And Protection Fund Authority (IEPF Authority) vide letter dated 25.05.2023 replied as under:-
"......it is to inform you that SRN: 135641414 was already processed for approval. But during the course of processing certain discrepancies were noticed, regarding which a mail was sent to the company concerned on 13.09.2021 (Copy annexed).
For which the revised E-verification report is now received. It is, therefore, the said claim has again been processed for approval and may get approved soon, if otherwise found in order."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.06.2023. The FAA vide order dated 10.07.2023 upheld the reply of CPIO and further stated as under:-
"3. However, it has been made understand claim lodged vide SRN No. T35641414 is already approved. Further, your shares have also been transferred in your Demand Account."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the Assistant Director, M Investor Education and Protection Fund Authority vide letter dated 11.03.2024 which has been taken on record.
Page 4 of 5Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Neelambu J, Assistant Director The Appellant stated that due to the issuance of notice of hearing by the Commission, her grievance regarding non payment of dividends was settled, a day prior to the instant hearing and hence she does not wish to pursue these matters any further.
Decision:
Keeping in view the facts of the case and the submission made by the Appellant not the pursue the matters any further, the instant Second Appeals stand disposed off as "withdrawn".
Heeralal Samariya (हीरालालसामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 of 5