Pooja V Shah vs Bank Of India on 6 December, 2022

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Central Information Commission

Pooja V Shah vs Bank Of India on 6 December, 2022

1. The issue under consideration arising out of the second appeal dated 05.04.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 21.07.2020 and first appeal dated 12.11.2020:-

(i) 6a) Certified copy of the above RTI-6 along with certified copy of the inward Register where its receipt was entered. Please see para below under Legal Explanation.

(ii) b) provide complete information on encashing of above Rs.10/- IPO into the bank account giving details on the record management system under which IPOs received are entered and accounted.

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(iii) 7. Date when reply to the above RTI-6 was posted along with certified copy of the postal receipt for having posted the above reply as well as the certified copy of the outward register where the reply posted was entered.

(iv) 8. Provide information on the rules for taking action against those borrowers who make false representation/ suppress facts/misrepresent facts etc while applying for loan to the bank while mortgaging their properties and taking loan on such properties & subsequently such suppression/false representation/misrepresentation etc. is brought to the notice of the Bank about such fraud having been committed by the borrowers for getting loans from the bank

(v) 9. Provide copy of the undertaking that Bank takes from the borrowers that the properties that the Borrowers are mortgaging to the bank are having clear titles, being free from any encumbrances. lf there are any guidelines from RBI or any other organizations that banks usually follow, kindly provide their certified copies.

(vi) 10. Complete information about putting the above sought information on the website of the bank as required u/s-a!l of the RTI Act.

2. Succinctly facts of the case are that the appellant filed an application dated 21.07.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Mumbai, seeking aforesaid information. The CPIO vide letter dated 21.10.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 12.11.2020. The First Appellate Authority (FAA) vide order dated 23.12.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 05.04.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 05.04.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Page 2 of 5 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 21.10.2020 and the same is reproduced as under:-

"(i) the certified copies of your own RTI-6 application, cannot be brought under the definition "information" as defined under section 2(f) of the RTI Act.,, Hence, the certified copies of your own said RTI application cannot be provided' Further, as far as the inward register is concerned, we have already advised that we are not maintaining any inward register at our branch.

(ii) The information sought is not falls under the definition of the, information,, as defined under Section 2(f) of the RTI Act.

(iii) The information sought is pertains to your own RT! application which is already replied and The information sought is not falls under the definition of the "information" as defined under section 2(f) of the RTI Act.

(iv) The action against the borrowers for misrepresentation, fraud etc. is taken in accordance with the guidelines issues time to time by the RBI and DFs, MOF, the said information is also in public domain which is reasonably accessible to all.

(v) The undertaking and documents that submitted by the borrower while availing loan is exempted for providing as said documents falls under the exemption laid down u/s 8 (1) (d),(e) & (j) of the RTI Act, by virtue of the said provisions information cannot be parted with since the information are in nature of commercial confidence and the Bank is holding information available in its fiduciary relationship and also competent authority is satisfied that there is no larger public interest which warrants the disclosure of such information.

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(vi) Please note that we are not uploading the information sought in RTI under reference on the website. However, the information which is required u/s-4(1) of the RTI act is being uploaded.

The FAA vide order dated 23.12.2020 agreed to the reply given by the CPIO.

5. The appellant remained absent and on behalf of the respondent Shri Prashant Kulkarni, Assistant General Manager & CPIO, Bank of India, Mumbai, attended the hearing through video conference.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the applicant filed a letter before the Commission stating that she received appointment letter from Delhi State Legal Service Authority appointing Adv. Rashmi Maurya to represent the instant case. But, Adv. Rashmi Maurya neither appeared during the hearing nor filed any written submissions seeking exemption from personal appearance. In these circumstances, it is difficult to dispose of the instant matter; therefore, the Commission deems it fit to adjourn the present matter in the interest of justice. The registry of this bench is directed to issue fresh notice of hearing to both the parties concerned. The notice of hearing may also be served to the Counsel of applicant. Accordingly, the matter is adjourned.

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

Sd/-

(Suresh Chandra) (सुसुरेश चं ा) ा Information Commissioner (सूसूचना आयु ) दनांक/Date: 05.12.2022 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 Addresses of the parties:

The CPIO Bank OF India RTI Cell, Legal Department, 4th Floor, EAST Wing, Star House, C-5, G-Block,Bandra Kurla Complex, Bandra(EAST), Mumbai-400051 The FAA Bank OF India RTI Cell, Legal Department, 4th Floor, EAST Wing, Star House, C-5, G-Block,Bandra Kurla Complex, Bandra(EAST), Mumbai-400051 Ms Pooja V Shah, Page 5 of 5

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