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[Cites 1, Cited by 0]

Central Information Commission

Mr.Meenu Jain vs Indian Bank on 10 October, 2011

                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office)
                       Old JNU Campus, New Delhi - 110067
                              Tel: +91-11-26161796

                                       Decision No. CIC/SM/A/2011/001297/SG/15105
                                              Appeal No. CIC/SM/A/2011/001297/SG

Relevant facts emerging from the Appeal:

Appellant                                  :              Mrs. Meenu Jain w/o Sunil
Jain
                                                           G-39, Reserve bank Senior
                                                           Officers flats, Near HL
                                                           Commerce College,
                                                          Navrangpura, Ahmedabad
                                                          Gujarat 380009

Respondent                                 :              Mr. T. Chanderashekharan
                                                           PIO & AGM
                                                          Indian Bank, Head office,
                                                          66, Rajaji Salai
                                                           Chennai - 600001

RTI application filed on                   :              14/09/2010
PIO replied                                :              15/11/2010
First Appeal filed on                      :              08/12/2010
First Appellate Authority order            :              11/01/2011
Second Appeal filed on                     :              28/04/2011

 Q. No       Query                                  Reply by PIO
 A-1         Whether KVP No. 02CS 510912            Yes
             dated 28/10/2002 & 02CD 510956
             dated 29/10/2002 were kept with the
             bank as security against for O/D/A/c
             No. 729628642?
 A-2         What was the maturity date of these    The Due date of these KVPs was
             KVPs?                                  29/06/2010.

 A-3         When was the maturity proceeds of      Maturity proceeds of these KVPs
             these KVP's were credited to the OD    were credited to the OD A/c
             A/c of the applicant?                  729628642 on 27/07/2010.
 A-4         How many days should the               The collection of maturity process
             collection of maturity proceeds of     of KVP/NSCs takes 07-10 days in
             KVPs/NSCs should take in normal        normal circumstances.
             circumstances?
 A-5         How many days the collection of        The collection of proceeds of the
             proceeds of the above KVPs actually    above KVPs actually took 28 days
             too, from the maturity date?           from the maturity date
 A-6    How many days before/after the due       On or after the due date of the KVPs
       date of the KVPs are generally sent      are sent for collection of the
       for collection of the maturity           maturity proceeds.
       proceeds?
A-7    How many days after/before the due       16 days after the due date of the
       date of the KVPs actually sent for       KVPs were actually sent for
       collection of the maturity proceeds?     collection.
A-8    Whether the KVPs were returned by        No
       the post office for deficiency of seal
       of the Bank, Signature of the banks
       official's inchoate/incomplete claims
       documents or noncompliance of any
       other formality. If yes, Please
       furnish details.
A-9    Whether the maturity proceeds of         The maturity proceeds of the above
       the above cited KVPs were parked         cited KVPs were parked in FD/RIP.
       in FD/RIP. If yes, Please furnish the
       date of doing so.
A-10   Whether before parking the funds as      Since the KVPs were given as
       (9) above, prior consent of the          security OD prior consent of the
       account holders for doing, was           account holder was not obtained.
       taken? If yes, Please provide
       documentary evidences.
A-11   Whether after parking the funds as       Yes. The a/c holders were informed
       (9) above, the account holders were      over phone.
       informed about it. If yes, Please
       provide documentary evidences.
A-12   Whether a/c holders requested to         Yes
       reverse the unilateral decision of the
       bank to park funds into FD/RIP as
       mentioned at (9) above.
A-13   When these funds were actually           The Proceeds were reversed from
       reversed from FD/RIP a/c to O/D          FD/RIP on 27/07/2010.
       A/c for use of the account holders?
A-14   Name and Designation of the              Mr. Ramesh Babu, Loan Manager.
       officers responsible for dispatch of
       the KVPs for realization.
A-15   Name and designation of the              Mr. Ramesh Babu, Loan Manager.
       officers, responsible for deficiencies
       in lodging he KVPs for realization
       of the maturity proceeds of the
       KVPS.
A-16   Name and designation of the offices      There is no unauthorized parking
       responsible for unauthorized parking     proceeds of KVP. The proceeds of
       of funds FD/RIP despite account          KVPs were placed in FD's as
       holders frequent queries and             security to the OD limit.
       eagerness to use the funds.
A-17   Whether at any time any of the           No
       account holder of OD a/c No.
       729628642, reminded for collection
       of the maturity proceeds of the
       above KVPs to the bank, through
         telephonic calls/letters/ e-mails,
        from the branch level to the head
        office level, if Yes, Please furnish
        details.
A-18    As per relevant Rules and                No action is warranted against the
        Regulation, what action should be        officials as the proceeds were placed
        taken against the officers mentioned     in FDs as security to the OD limit.
        at query 14, 15 & 16 and for
        incurring financial loss of              The Borrower can approach Branch
        opportunities to the applicant?          manager for any of his grievance.
A-19    What action the bank has taken/          Nil.
        proposes to take/taken against the       Please refer reply to query No. 18
        officers, mentioned at query 14, 15
        & 16 and for incurring financial loss
        and loss of opportunities to the
        applicant?
A-20    The name, Designation of the             The Branch Manager, Mr. Suresh
        officers who were responsible to         Tidnani.
        supervise the officers listed at query
        14, 15 and 16 above.
A-21    As per relevant Rules and                Please refer to query no 18.
        Regulation what accountability if the
        officers listed at query 20 above and
        the Regional Manager, General
        Manager concerned, has been fixed
        will be fixed, for lack of supervision
        and control in the matter?
A-22.   What maximum compensation can            The customer will be compensated
        be given for each of the deficiency/     as per Banks Compensation policy
        inefficiency carelessness of Indian      if there is any loss
        Banks officials mentioned at query
        14, 15 and 16 above loss of
        opportunities to the applicant, as per
        relevant Rules and Regulation?
A-23    What compensation the bank has           Please Contact the Brank Manager
        given to the applicant/ propose to       and the Circle Head, New Delhi for
        give for the each of deficiency/         redressal of grievance.
        inefficiency of Indian Bank officials
        listed at query 14, 15 and 16 above
        and for loss of opportunities to the
        applicant?
A-24    What steps the bank has taken/           Branch has been advised to maintain
        propose to take to avoid the             proper follow up in maintaining the
        recurrence of such delay deficiency/     records of collection of such
        inefficiency/ carelessness of Indian     instruments.
        Bank officials, in future.
B       Whether at any time when any of the      Opinion query for which the PIO is
        account holder of OD a/c No.             not expected to provide reply.
        729628642 reminded in advance for
        collection of the maturity proceeds o
        any KVPs to Sh. Belam Balaji, the
        officer in the Branch, He rudely
        rudely replied to the account holder
             not to disturb him by reminding and
            let him do his work.

 C          When does the Bank Propose to             KVP No. Date of Credit in OD A/c
            lodge KVP No. 07CD 219514,                07CD 219514 ---- 01-11-2011
            219529, dt. 1/02/03 (maturity date        07CD 219529 ---- 01-11-2011
            01/10/10), 07 CD 330333 dt.               07CD 329847 ---- 01-11-2011
            20/02/03 (maturity dt. 20/10/10),         07CD 330333 ---- 11-11-2010
            kept as security against the limit
            provided in OD a/c 729628642, for
            collection of the maturity proceeds
            to the post office concerned.
 D          What is the rate of interest, presently   The Rate of interest s 12.75%. the
            applicable to OD a/c 729628642?           Procedure of switching over to the
            Whether rate of interest is on the        basis of the Base Rate is at the
            basis of "Base Rate", If not then         request of the borrower or at the
            what is the procedure of switching        time f subsequent renewal of the
            over it to base on the base rate?         limit.
 E          Whether ASBA facility for appluing        ASBA facility for applying to IPO
            to IPOs of the companies is               of the Companies is presently not
            available in overdraft account.           available in overdraft accounts.
 F          Please provide all the desired            No Information Sought
            information preferably at the address
            of the applicant given at the top of
            this application.
 G          Please provide name, designation,      FAA Address,
            email ID, Telephone No., Mobile        Shri V Rama Gopal,
            No, Fax No. and postal address of      Esecutive Director, Head Office,
            the Appellate Authority, under RTI     Indian Bank, 66 Rajaji Salai,
            ACT 2005.                              Chennai 600001
                                                   Phone No. 044-25225432
                                                   Fax: 044 25244654
                                                   Email: [email protected]
 H          If the information does not pertain to No Information Sought..
            your office/Department/Section,
            Kindly forward my application to
            the office/ Department/ Section
            concerned under advice to the
            applicant.

Grounds for the First Appeal:
Information given by PIO was wrong and incomplete.

Order of the First Appellate Authority (FAA):
FAA rejected the appeal of the Appellant.

Ground of the Second Appeal:
   Appellant is not satisfied with the information provided by the PIO.
          Information sought

at query A6 was not provided in the format of 'number of days'.

Information provided to query A8, A11, A17, A18, A19, A21, A22, A23, B, C, was either wrong or incomplete.

Relevant Facts emerging during Hearing:

The following were present Appellant : Absent;
Respondent : Mr. T. Chanderashekharan, PIO & AGM on video conference from NIC- Chennai Studio;
The respondent states that he has provided most of the information but the Commission now directs him to provide the information on query-A6 & C. Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before A6 & C before 30 October 2011.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 10 October 2011 (In any correspondence on this decision, mention the complete decision number.) (ved)