Central Information Commission
Purnima Nigam vs State Bank Of India on 19 July, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/SBIND/A/2022/125930
Purnima Nigam ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
STATE BANK OF INDIA, RACPAC
RTI CELL, THE MALL, SBI MAIN
BRANCH CAMPUS, KANPUR-208001
UP. .... ितवादीगण /Respondent
Date of Hearing : 13/07/2023
Date of Decision : 13/07/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 26/10/2021
CPIO replied on : 22/11/2021
First appeal filed on : 27/01/2022
First Appellate Authority order : 25/02/2022
2nd Appeal/Complaint dated : Diary dated 01/06/2022
Information sought:
The Appellant filed an RTI application dated 26.10.2021 seeking the following information:
"(a) What was the EMI for Rs. 9.50 lacs housing loan taken by public/and staff member in Oct. 2004?1
(b) What was the repayment period of the above loan for public and staff members in the year 2004?
(c) What was the entitlement of housing loan for a staff member in the year 2004?
(d) Is there a time limit to give reply to a letter sent to your department/other functionaries per Regd./Speed Post/Courier Service or delivered personally against dated acknowledgement? Under-noted letters are pending for Bank's reply:-
(i) Our/my letter dated 29.01.20 add. to the then DGM Z0,Kanpur
(ii) -do- 28.05.21 -do-
(iii) -do- 04.12.19 -do-
*****
(e) Kindly refer to your letter No.KAN:RACPC: HR Section,ZO,Kanpur 2018-19/627 dated 17th Jan. 2019 addressed to the 8M,SEI,Aryanagar,Kanpur with copy to RIO-
I,ZO,Kanpur, enclosing my letter dated 23.07.2018. Have you received any replies from the above two functionaries? If so, kindly provide (copies thereof.
(f) Vide your two letters of 17th Oct. 2019/2nd Dec. 2019, advising us that our above H/L a/c became irregular because of us to the tune of As.3,51,143/-- and we should within 07 days deposit it otherwise our house would be taken by your recovery agents who would put it to auction sale; sale proceeds would be deposited in our loan a/c and if it still does not liquidate the out--standings, a suit would also be filed for recovery of balance amount, under the Surfacies Act, 2002. Kingly advice ust--
(i) Under which section of Surfacies Act, 2002, you would invoke it against us for recovery thereof after selling it/filing of suit?
(ii)Are these Section(s) is/are applicable to us?) Are we defaulters resulting in that our h/1 a/c becoming irregular?
(iii) We submit that we regularly paid EMI of I6.8,674/-fixed by the Bank for 180 months/15 years w.e.f. 1st Jan. 2005 to 31st Dec. 2019 and S.3,57,674/- in lump sum on 04.01.20 besides two credit entries of hs.4,621/- of 31.01.19 and another of Pe.4,065/- dated 06.01.20 (Total of these two entries is A5.8,686/- Grand Total of 113.3,57,674/- + Pa. 8,686/-4s.3,66,360/-) was recovered from us by debit to our Current A/c at SBI, Aryanagar, Kanpur Branch, in terms of your two letters of 17th Oct./2n-d Dec. 2019, to avoid unpleasant situation of facing auction sale of our invaluable house/legal 2 proceedings contained in your these letters. We are of the view that we were not responsible for our loan a/c becoming irregular instead the EMI and repayment period changed by the than EN of above Branch from 6.10,284/- and 12 years to k;.8,674/-and 15 years*(which we presume pertain to staff h/1). Had there been not changed, our a/c would have liquidated within 15 years? Your Desk Officer, dealing with our h/1 a/c, did not take due care in making diary notes to see at regular intervals thereby it could not have become irregular. Suddenly, he became more vigilant to send two routine reminder printed letters in Oct/Dec. 2019, making us responsible and to deposit huge amount to the tune of S.3,51,143/- with interest within 07 days.
We are now seeking information as to how we were made responsible for all this irregularity when we regularly paid a fixed EMI for 180 months, fixed by the Bank. Kindly advise us as to who is responsible for our h/1 a/c becoming irregular?
(g): In your above two letters, we were advised that various notices sent to us and personally approaches by your officials to us, even then, we did not get the h/1 a/c regularized. We seek information to provide us copies of such notices (we only received above two routine letters which are printed one) as also the names of officials who approached us to set the: irregularity 60„..A right. We think that these officials 7-ever visited us and counselled us in this regard, we would not have to put to avoidable financial burden of depositing the above huge amount in one go that too within 7 days1 It was rather not fair to put to us in such a situation for not being at all responsible for all this. Was it fair, in your view, to put a retired employee, like the undersigned, in such a situation? Kindly advise.
(h): Pares2(b) and (e) of the term loan agreement, executed by us, clearly state that "we shall repay amount of loan as per arrangement/sanction letter, which forms part of this agreement) in equated monthly instalment of is.8,674/-- each till the entire loan with interest is fully repaid(this equated monthly instalment also includes interest component)from current/savings bank a/c with Branch where we may held a/c singly or jointly and to appropriate the same in repayment of said loan and interest.
We also understand that our esteemed Bank can recover the pension of the retired staff like me. This could have been provided to us instead of asking to deposit huge amount. Sir, is it not available to you?
Had the above provisions, contained in pares 2(b)&(e), or recovery from pension, invoked, which should have done by you invariably, as both, you as well as us, are bound to honor the mandatory provisions given in the above T.L. Agreement(we 3 presume so and any deviation would Is treated as breach of trust on the part of those not honoring theses financial hardships, caused to us, for depositing huge amount would have eased?
Now we seek information as to why you did not invoke above provisions contained in T.L. hg./your authority to recover o/s from my pension every months the above EMI, till the entire loan with interest, is fully liquidated, thereby giving us financial relief during my retirement? Thus, no remedial measures were taken by your good self at any stage and had these been extended, great financial relief could have been derived by us? Kindly advise us.
(i) Further, the EMI/repayment period, fixed by 6M concerned as also recovery of EMI from my superannuation amounts viz. interest/pension income, as my spouse, Smt. Purnima Nigam, is purely a housewife, having no independent income of her own, as also my age/date of birth (07.12.44) was taken to compute 75 years of age while fixing repayment schedule and had the age/date of birth of my spouse (02.10.46), whose name is also appearing first in h/1 a/c, was taken(she is younger to me by 2 years), we would have got 2 years' more time to repay our h/1? This was not done. This all give us to believe that although h/1 given to us under public, but it pertains to staff loan under Individual Housing loan Scheme. Is it not so, Sir?
We Seek information as to how you are treating it as h/1 pertaining to public? Please advise."
The CPIO furnished a pointwise reply to the Appellant on 22.11.2021 stating as under:
"a) Please find enclosed a statement of your account which explicitly answers the query pertaining to EMI.
b) The query raised is unclear.
c) Entitlement of Housing Loan for a staff member in the year 2004 was Rs.12.00 Lacs
d) the query raised is unclear.
e) This does not pertain to us.
f) Please refer to enclosed statement of your account.4
g) Please refer to the enclosed statement of your account wherein all the transactions made in the account are explicit.
h) Please refer to attached Annexure E, wherein the terms and conditions have been agreed to by borrowers Mrs. Pumima Nigam & Shri J.S. Nigam.
i.) Please refer to attached Annexure E, wherein the terms and conditions have been agreed to by borrowers Mrs. Purnima Nigam & Shri J.S. Nigam."
Being dissatisfied, the Appellant filed a First Appeal dated 27.01.2022. FAA's order, dated 25.02.2022, held as under:
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Shri J S Nigam husband of the Appellant present through Video- Conference.
Respondent: Shri Ashish M Sinha, Chief Manager present through Video- Conference.
The written submissions of the Appellant are taken on record.
The representative of the Appellant submitted that till date no information was provided to the Appellant on her RTI application.
The Respondent submitted that vide their letter dated 22.11.2021, complete point- wise reply/information, as per the documents available on record has been provided to the Appellant. However, as per the directions given by the FAA, on 11.03.2022 revised point-wise reply/information was provided to the Appellant.5
Decision:
The Commission, after hearing the submissions of both the parties and upon perusal of records, observes that the Appellant is not satisfied with the response given by the Respondent on her RTI application. The Respondent apprised the Commission that the information sought by the Appellant vide her RTI application has been provided to the Appellant as per the provisions of the RTI Act vide letters dated 22.11.2021 and 11.03.2022 where complete point-wise reply/information was provided to the Appellant.
In this regard, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the CPIO during hearing as the same was found to be in consonance with the provisions of RTI Act.
Hence, no intervention of the Commission at this stage is required in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6