S Selvakumar vs Idbi Bank Ltd. on 17 June, 2020

[Cites 6, Cited by 0]

Central Information Commission

S Selvakumar vs Idbi Bank Ltd. on 17 June, 2020

1. As the information sought by the appellant in both the files (CIC/IDBIL/A/2018/137823 and CIC/IDBIL/A/2018/135229) is identical, therefore, it is felt desirable to pass a common order in both the cases.

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1.1. The issues under consideration arising out of the second appeal dated 12.06.2018 include non-receipt of the following information raised by the appellant through his RTI application dated 02.02.2018 and first appeal dated 12.03.2018:-

(i) The officials responsible for sanction and release of Loan for unauthorized, violated and deviated budding construction without obtaining valid registered construction agreement showing the ownership and allotment of flats, duly registered with SRO, as the construction agreement was executed after 01.19.2013 which is compulsorily registered with SRO/ Villivakkam (as per circular issued by the Inspector General of Registration, Tamil Nadu in No.18345/Cs12013 dated 28.10.2013).

(ii) Action taken against the officials responsible for sanction and release of loan to other two owners for violated and deviated construction without identifying the flats owned by them.

(iii) Action taken against the official responsible for submission of false site inspection report to bank without mentioning the fact i.e., unauthorized, violated and deviated construction from basement level itself against the rules and guidelines of the corporation of Chennai and Chennai Metropolitan Authority.

(iv) Whether any notice has been issued to the other two owners to submit the Registered Construction Agreement showing ownership and allotment of flats among the three owners executed by three owners so far. If not, why they were not instructed to produce the same.

(v) Kindly clarify which provision of the Banking Regulation Act permits the bank to issue loan for construction without identifying and obtaining the registered construction agreement showing the ownership and allotment of flat among owners.

(vi) As per Bank's record, kindly clarify the flat owned by the applicant Tint. T. Latha among the three flats proving that she is one of the owners (valid registered construction agreement proving the ownership).

(vii) Whether the bank has issued any notice to the other two owners instructing to submit the renewal of validity of plan approval from 09.10.2017. (Plan approval validity expired on 08.10.2017). If not action taken against the official responsible for issuing notice.

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(viii) Action taken by the bank against time barred construction as the two owners has not completed the construction of the building within the time prescribed by the bank.

(ix) Kindly clarify to whom we have to apply for claiming compensation for heavy loss suffered by us for non-construction of our flat, as the bank officials has encouraged the two owners for construction of unauthorized, violated and deviated building by issuing loan for construction violating the provisions of the Banking Regulation Act and created heavy loss.

(x) As per IDBI website the rate of interest for home loan is only 8.30%. But the bank is charging Interest @ 9.5%. Kindly provide me the reason for charging excess interest of 1.2% and also rate of Interest due from 2013 to 2017 and rate of interest charged for our home loan account for the past 4 years and amount excess interest charged from us.

2. Succinctly facts of the case are that the appellant filed two applications both dated 02.02.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officers (CPIOs), IDBI Bank Limited, Mumbai and Chennai, seeking aforesaid information. The CPIO replied on 08.03.2018. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 21.03.2018. The First Appellate Authority disposed of the first appeal vide order dated 03.04.2018. Aggrieved by this, the appellant has filed a second appeal dated 12.06.2018 before this Commission which is under consideration.

3. The appellant filed the instant appeal dated 12.06.2018 inter alia on the grounds that the reply given by the CPIO was not satisfactory. The appellant has requested the Commission to direct the CPIO to provide the information immediately and award compensation for the loss for non-construction of his flat due to wrong activities and actions taken by thebank violating the provisions of the Banking Regulations Act.

4. The CPIO vide letter dated 08.03.2018 denied the information on point no. (1) of the RTI application under clause (d) of sub section (1) of section 8 of the RTI Act and with regard to other points they stated that no such information was Page 3 of 6 available. The FAA vide his order dated 03.04.2018 denied the information on point nos. (1) to (9) of the RTI application under clauses (d) & (j) of sub section (1) of section 8 of the RTI Act.

5. The appellant and on behalf of the respondent, Shri Rahul Asuri, Dy. General Manager & CPIO, IDBI Bank Ltd., Bandra attended the hearing through audio conference.

5.1. The appellant inter alia submitted that he along with two other co-owners of the property had availed home loan of Rs. 15 Lakhs from the respondent bank. He stated that plan approval was obtained from Corporation of Chennai vide letter dated 09.10.2015 for construction of three flats. He alleged that two other co- owners had deviated and violated the approved plan and constructed the building illegally. He also alleged that the bank had illegally sanctioned the home loan without verifying the documents properly. He stated that the bank officials had violated the provisions of the Banking Regulation Act while sanctioning and issuing loan for such construction. He contended that the respondents had refused to take action againstthe official responsible for the said violation and trying to safeguard their employees. Hence, he filed this RTI application to seek some relief or information whereas the respondent had arbitrarily denied the information. 5.2. The respondent while defending their case inter alia submitted that the information about the details of officials responsible for sanction/disbursement of the loan was in the nature of internal and commercial and also the said information was related to personal information of officials of the bank, the disclosure of which had no relationship to any public activity and hence the same was exempted under section 8 (1) (d) & (j) of the RTI Act. They also stated that information sought on point nos. (2) to (9) of the RTI application was relating to the customers of home loan account which was held by the bank in fiduciary capacity and the disclosure of which was exempted under section 8 (1) (d) & (e) of the RTI Act. Regarding point no. (10) of the RTI application, they stated that information sought was in the Page 4 of 6 form of seeking reasons/ advice/ opinion/ answer/ clarification/explanation from the CPIO which did not fall within the definition of information as defined under section 2 (f) of the RTI Act.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that due reply has been furnished by the respondent vide letters dated 08.03.2018 and 03.04.2018. Perusal of the RTI application reveals that most of the information sought in the form of clarification/reasons on the basis of certain presumptions of the appellant which did not squarely fall within the definition of "information" as per section 2 (f) of the RTI Act. The appellant may not seek redressal of his grievance under the garb of RTI application that too by raising queries by approbating and reprobating at the same time. There appears to be no public interest in further prolonging the matter. Accordingly, both the appeals are dismissed.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 15.06.2020 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 5 of 6 Addresses of the parties:

CPIO :

IDBI BANK LTD.

IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI - 400005 THE F.A.A., IDBI BANK LTD.

IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI - 400005 S SELVAKUMAR Page 6 of 6

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