Central Information Commission
Ajinkya Sanjay Puranik vs Ministry Of Cooperation on 3 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MOCOP/A/2024/605973
Ajinkya Sanjay Puranik .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the Central Registrar of
Cooperative Societies, 9th Floor,
Tower - E, World Trade Centre,
Block F, Nauroji Nagar,
New Delhi - 110029 .... ितवादीगण /Respondent
Date of Hearing : 02.07.2025
Date of Decision : 03.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.11.2023
CPIO replied on : 06.02.2024
First appeal filed on : 11.01.2024
First Appellate Authority's order : 07.02.2024
2nd Appeal/Complaint dated : 12.02.2024
Information sought:
1. The Appellant filed an (online) RTI application dated 26.11.2023 seeking the following information:
"Request for a status report and complete file notings with the decision taken by the Honorable Central Registrar, Office of the Central Registrar, Page 1 of 6 Ministry of Cooperation, New Delhi 110003 in context with the following petitions:
i. My Complaint, replete with substantiating documentary evidence, Against The Vishweshwar Sahakari Bank Ltd., Pune Branch: Barshi, Dist: Solapur, regarding alleged forgery of mortgage documents, unlawful attachment of properties of the principal debtor, failure to provide complete loan documentation and breach of banking regulations and torts submitted on dated 16th June 2023 (electronically), ii. My Complaint, replete with substantiating documentary evidence, Against The Vishweshwar Sahakari Bank Ltd., Pune Branch: Barshi, Dist: Solapur, regarding alleged forgery of mortgage documents, unlawful attachment of properties of the principal debtor, failure to provide complete loan documentation and breach of banking regulations and torts submitted on dated 18th June 2023 (electronically), iii. My Complaint with unquestionable documentary evidence dated 17th July 2023 (By Registered Post A.D.) and 25th July 2023 (By Registered Post A.D.).
iv. My First Reminder email dated 24th September 2023.
v. My Second Reminder: Pending Complaint against The Vishweshwar Sahakari Bank Ltd., Pune, dated 28th October 2023."
2. The CPIO furnished a reply to the Appellant on 06.02.2024 stating as under:
"It is informed that the information sought in the application is not in the custody of undersigned CPIO and require action on the part of The Vishweshwar Sahakari Bank Ltd.
2. Therefore, it is requested to provide necessary information to the RTI Applicant as per the provisions in the RTI Act, 2005. It is also requested to kindly inform this office of the action taken, at the earliest."
3. Being dissatisfied, the appellant filed a First Appeal dated 11.01.2024. The FAA vide its order dated 07.02.2024, held as under.
"It is informed that the information sought in the application is not in the custody of concerned CPIO.
2. Therefore, your RTI application has been forwarded to the concerned Bank through letter no. R-11017/02/2023-Banking dated 06.02.2024 Page 2 of 6 (copy enclosed) with a direction to provide desired information to RTI applicant. Since CPIO has taken appropriate action, the instant RTI Appeal is disposed herewith."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Ms. Nisha Sagar, CPIO-cum-Assistant Commissioner, attended the hearing in person.
5. The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application. While explaining the brief background of the case, he stated that he has filed a complaint with the Respondent Public Authority against Vishweshwar Sahakari Bank.
6. The Respondent submitted that after receiving the complaint from the Appellant, their office has sought explanation from the concerned Bank and the Bank vide letter dated 01.03.2024 has provided the following explanation:
"We have received your above mentioned letter on 13.02.2024, on subject matter we would like to state that,
1. As mentioned in the annexure of the letter we have not received complaint as well as reminder letters dated 16th June 2023, 18th June 2023, 17th July 2023, 25th July 2023, 24th Sept. 2023, 28th Oct. 2023 and 26th Nov. 2023 from Adv. Ajinkya S. Puranik. It may be submitted to your office.
2. However not only Mr. Rajan Digambar Deshmukh client of RTI Applicant Adv. Ajinkya S. Puranik is borrowed money from our Barshi Br. but also Mr. R. D. Deshmukh's family members borrowed money from time to time.
3. We think this information has been not contained in the above mentioned letters.
4. We want to make it clear that, the Bank had provided all necessary documents to Mr. Deshmukh, the Bank has created valid charge on securities offered by Mr. Deshmukh and his family members. Bank has not attached Page 3 of 6 properties of Mr. Deshmukh illegally, bank has not committed forgery of morigage documents.
5. Moreover we want to state that, Adv. Ajinkya S. Puranik had sent Show Cause Notice dated 05th June 2023 on lines mentioned in point no.4, on 05th July 2023 Bank has given detailed reply through Adv. Santoshi P. Nair. (Please find zerox copies of both letters). On 10th July 2023 again Adv. A. S. Puranik has submitted application. Bank has sent reply vide letter dated 18th July 2023.
6. After the closure of the loan accounts in the year 2016 in the name of Mrs. Deepa Deshmukh as usual the bank and Mr. Deshmukh / family member to prepare the release deed of the encumbrance noted on the properties with respect to the loan accounts which are closed and to get register it. The draft of the release deed was prepared by Adv. Shelar and the drafting charges also deducted from saving bank account as per instructions. But later on Deshmukh has not approached for the further compliance (payment of stamp duty as well as registration charges etc.) required for release deed for the reason best known Deshmukh and other family members (borrowers).
7. The "NO DUES" Certificates are issued by the Bank as and when the loan accounts are closed by Mr. Deshmukh and his family members. Besides the original title deeds of the propertios are also handed over to the ORIGINAL OWNERS of the properties (COMPLAINANT AND OTHER FAMILY MEMBER) and acknowledgements are obtained from them as to receipt of the original title deeds. The bank was and is ready to execute the release deed of the properties stated in the complaint since the concemed accounts are closed by the Deshmukh Family,
8. Mr. Deshmukh has given one letter to the Barshi Branch on 16/5/2019 wherein he requested the bank for release deed and also assured that the personal loan account will also be closed by him till June 2019. But after giving the letter the complainant has not approached to the bank to obtain the release deed of the properties for the reasons best known to him. Mr. Deshmukh has not approached to the bank for the further compliance of release deed as required under law. And later on letters / notices were issued by the Mr. Deshmukh through Advocates without adhering the legal and proper course for release dead. The nature of Mr. Deshmukh is to harass the bank by issuing the notices raising/filing false complaints and to obstruct the legal recovery of the public funds enjoyed by him. Even today also the bank is ready to execute the release deed of the concerned properties provided the necessary compliance on behalf of the Mr. Deshmukh or family members as assured and complied by Mr. Deshmukh.Page 4 of 6
9. Mr. Deshmukh has availed the personal loan of Rs. 5,00,000/- from the bank which he himself has admitted and assured to close down till June 2019 is yet not closed. The Arbitration Award has been passed against the said him in the Arbitration Proceeding bearing No. ARB/VSBL/SPK/3/2019 on 23/12/2019 wherein the claim of the Bank has been allowed and opponents in the same matter (Mr. Deshmukh, his wife and Mr. Tukaram Agavane) are held liable to pay amount of Rs. 3,79,596 with interest at 15% p.a. on Rs. 3,66,856 from 01/11/2019. That the amount of Rs. 7,32,095/- is due in the said account as on 31/12/2023 as per the arbitral award. Mr. Deshmukh does not want to pay the said amount due under the personal loan, hence he is filing false complaints with intent to take undue advantage of the RBI circular dated 13 Sept. 2023 as to release of Moveable immoveable property documents on repayment /settlement.
10. The release deed of the property was not executed till today due to own conduct and fault on behalf of the Mr. Deshmukh for which he cannot blame the bank.
11. Hence client of RTI applicant is hereby advised to visit the branch Barshi of the Bank at the earliest and do further compliance for execution of the release deed of the properties, Mr. Deshmukh is hereby advised to close the personal loan account at the earliest wherein the amount of Rs. 7,32,095 is due as on 31/12/2023 as per the Arbitration Award passed against him. We are attaching copies of letters in respect of handing over the original title deeds to complainant or his family members also Arbitration award passed in respect of personal loan sanctioned to Mr. Deshmukh."
7. The Appellant interjected and apprised the Bench that he has not received the averred reply dated 01.03.2024.
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant in the instant RTI Application is seeking status report on his complaint filed with the Respondent Public Authority. Since the Respondent is not the custodian of the records, the Respondent cannot take action against the Bank without hearing them. The concerned Bank has provided suitable explanation vide letter dated 01.03.2024 but copy of the same has not been received by the Appellant. Therefore, the CPIO Page 5 of 6 is directed to share a copy of the explanation received from the Bank vide letter dated 01.03.2024, with the Appellant within one week of the receipt of the order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the Central Registrar of Cooperative Societies, 9th Floor, Tower - E, World Trade Centre, Block F, Nauroji Nagar, New Delhi - 110029 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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