Divakar Babu vs National Housing Bank (Nhb) on 8 October, 2021

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Central Information Commission

Divakar Babu vs National Housing Bank (Nhb) on 8 October, 2021

1. The issues under consideration arising out of the second appeal dated 11.05.2019 include non-receipt of the following information raised by the appellant through his RTI application dated 27.02.2019 and first appeal dated 23.03.2019:-

(i) Kindly furnish full and complete details as to total number and subject matter of each of the complaint received from aggrieved borrowers against the Indian Bull Housing Finance Ltd., during the last immediate preceding three years for violating "Fair Code of Practice" by resort to arbitrary and autocratic modification of the terms and conditions of Home Loan agreements concluded with borrowers.

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(ii) Kindly inform action initiated against the Indian Bull Housing Finance Ltd., during the last immediate preceding three years for the blatant contravention of "Fair Code of Practice" without taking borrowers into confidence.

(iii) Provide information as to procedure followed and enforced by your office as per your office manual and other norms upon the receipt of a complaint from an aggrieved borrower against a Housing Finance Company for addressing the same.

(iv) Kindly inform about the authority or otherwise of the Indian Bull Housing Finance Ltd. to engage in commercial financial lending and whether the licence granted by your office permits the entity to engage in such commercial and other allied lending.

2. Succinctly facts of the case are that the appellant filed an application dated 27.02.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), National Housing Bank, Lodhi Road, New Delhi, seeking aforesaid information. The CPIO vide letter dated 18.03.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 23.03.2019. The First Appellate Authority vide order dated 22.04.2019 disposed of the first appeal. In compliance of the FAA's order, the CPIO provided revised reply/information vide letter dated 30.04.2019. Aggrieved by that, the appellant filed a second appeal dated 11.05.2019 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 11.05.2019 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 vide letter dated 18.03.2019 gave point-wise reply/information and the same was reproduced as under:

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(i) The said information can't be provided as sharing of such information would harm the competitive position of a third party. Hence, the disclosure of such information is exempted under section 8(1)(d) of Right to Information Act, 2005.

(ii) The Customer Grievance Redressal Policy formulated by NHB outlines the framework for addressing the customer grievances.

In case, the complainant has any grievance against any Housing Finance Company registered with NHB, he may lodge his complaint online through GRIDS. The link for the same is as given below:

https://grids.nhbonline.org.in Further, the complaint is forwarded to the concerned HFC for clarification/ reply. The HFC replies customer's query and forwards a copy to the Complaint Redressal cell.

(iii) Housing Finance Companies are governed by the relevant provisions of National `Housing Bank Act, 1987. All Housing Finance Companies registered with NHB are coming under regulatory preview of NHB and are to abide by the directions and policies issued by NHB from time to time.

The FAA vide his order dated 22.04.2019 directed the CPIO to revisit the RTI application and provide the information as available with the bank against point no. 1 and 2 of the RTI application. In compliance of the FAA's order, the CPIO vide letter dated 30.04.2019 gave revised information/reply wherein against point no. 1, the respondent stated that information sought was not maintained in the format as desired by the appellant; against pint no. 2, the respondent replied that no such action was initiated against Indian Bull Housing Finance Ltd. during the said period.

5. The appellant remained absent and on behalf of the respondent Shri I V Rajan, CPIO and Shri Sourav Seal, Deputy General manager, National Housing Board(NHB), Delhi, attended the hearing in person.

5.1. The respondent while defending their case inter alia submitted that they had already provided point-wise information/reply vide their letter dated 18.03.2019. Not satisfied with the reply on point nos. 1 and 2 of the RTI application, the appellant filed Page 3 of 5 first appeal which was disposed of by the FAA and directed the CPIO to provide revised information on point no. 1 and 2 of the RTI application. It was further stated that in compliance of the FAA's order, they provided revised information against point nos. 1 & 2 of the RTI application vide letter dated 30.04.2019. Besides, after receipt of hearing notice from the Commission, they had provided detailed self contained revised information against point nos. 1 & 2 of the RTI application and provided the information regarding the complaints received against Indiabulls Housing Finance Limited (IBHL) on its Grievance Registration & Information Database System (GRIDS) Portal along with category.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due information/reply was given by the respondent. Moreover, there was neither representation, nor written submission on appellant's side to controvert the submissions made by the respondent. Hence, the submissions of the respondent were taken on record. Further, there appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 07.10.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. NATIONAL HOUSING BANK CORE 5A, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI - 110 003 Page 4 of 5 THE FIRST APPELLATE AUTHORITY, NATIONAL HOUSING BANK, CORE 5A, INDIA HABITAT CENTRE, LODHI ROAD, NEW DELHI - 110 003 DIVAKAR BABU Page 5 of 5

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