Central Information Commission
Dr. Ashish Kapur vs National Housing Bank (Nhb) on 13 June, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/NHBNK/A/2023/613275
Dr. Ashish Kapur ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO: National Housing
Bank, New Delhi ...प्रनतवािीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 17.10.2022 FA : 29.11.2022 SA : 13.03.2023
CPIO : 16.11.2022 FAO : 28.12.2022 Hearing : 11.06.2024
Date of Decision: 12.06.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 17.10.2022 seeking information on the following points:
(i) You are requested to provide the date when the bank uploaded and applied for the claim for PMAY(U)-CLSS for which application No. C0001583200 was generated.
(ii) You are requested to provide the detailed movement along with date of various stages related to the file for the sanctioning of PMAY(U) subsidy for application No. C0001583200.Page 1 of 6
(iii) State Yes or No., whether application No. C0001583200 are eligible for subsidy under PMAY(U)-CLSS. In either case you are requested to provide the reason for it.
(iv) You are requested to provide details of applications received for PMAY (U) under various categories by NHB for each F.Y. starting from 2015-16 till date (31st Sept. 2022) and applications rejected and application from subsidy under PMAY(U) is dispersed in same Financial Year F.Y. wise from 2015-16 till date (31st sept.2022).
2. The CPIO replied vide letter dated 16.11.2022 and the same is reproduced as under:-
"Point (i), (ii) & (iii) - Based on search made with the Application Id as provided, subsidy claim of Rs.2,67,280 was found uploaded under Pradhan Mantri Awas Yojana - Credit Linked Subsidy Scheme (PMAY-CLSS) for EWS/LIG by the Primary Lending Institution (PLI) against Loan Account Number 484XXXX000012 on the PMAY-CLSS portal maintained by NHB on 05-02-2022 and the claim was accepted for processing. The claim cleared Step 2.4 of the PMAY-CLSS Flow Chart as per Annexure - 1. As per the extant process, the eligible subsidy claims are uploaded record wise by the PLI on the NHB's PMAY-CLSS portal, after its due diligence. PMAY-CLSS claim processing is done through an online portal with dashboard information (includes accepted, queried and rejected records, processing queries, etc.) accessible to respective PLI without print option. Release of subsidy depends upon deduplication on the CLSS Awas Portal (CLAP) of the Government of India, Ministry of Housing and Urban Affairs (MoHUA) and receipt of additional information/ clarification/ compliances (including Aadhaar seeding of the respective PLI, if required), availability of fund and subsequent processing of the claim. No specific timeline has been prescribed in the Guidelines. Applicant may track the subsidy claim status using the Application Id through CLAP. Since the information sought requires drawing of inferences and/or making of assumptions and giving advice or opinion, the NHB has no information to furnish.Page 2 of 6
Point (iv) - Information as desired is not available in the MIS generated in the PMAY- CLSS portal. Hence NHB has no information furnished. However, NHB as a CNA has released subsidy to beneficiary households as detailed below table:
Sl. No. FY PMAY-CLSS for PMAY-CLSS for
EWS/LIG MIG
(Apr-Mar) No. of Beneficiary No. of Beneficiary
Households (in Households (in
lakh) Lakh)
1 2015-16 0.04 ...
2 2016-17 0.23 ...
3 2017-18 0.83 0.27
4 2018-19 2.75 1.37
5 2019-20 2.29 1.22
6 2020-21 1.69 1.35
7 2021-22 3.63 0.43
8 2022-23 0.89 ...
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.11.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.12.2022 upheld the reply of CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 13.03.2023.
5. The appellant and on behalf of the respondent Shri Sandeep Kumar Jha, ACPIO and Advocate Shri Mahabir Singh, attended the hearing in-person.
6. The appellant inter alia submitted that the respondent had not provided the updated stage of clearance of his subsidy claim application, till the date of hearing. He further argued that similar data had already been provided by other central nodal agencies, Page 3 of 6 however, the respondent authority had not provided the information in response to his RTI application.
7. The respondent while defending their case inter alia submitted that they had furnished additional information vide FAAs' order and informed categorically to the appellant that his application had cleared Step 2.4. The information provided thereof, is again reproduced for the appellant's reference:
"(i) With respect to the information sought at para 2(i) above, it is observed that the CPIO has already informed the Appellant that the subsidy claim was uploaded on the PMAY-CLSS portal maintained by NHB on 05.02.2022 and the claim was accepted for processing. Hence, there is no infirmity in the RTI Reply.
(ii) With respect to the information sought at para 2(ii) above, it is observed that the CPIO has informed the Appellant that his subsidy claim has cleared Step 2.4 of the PMAY-CLSS Flow Chart. However, the reply of the CPIO is silent about the dates on which various steps have been cleared. Upon enquiry, the concerned Department has now informed that Step 2.1 was cleared on 05.02.2022, Step 2.2 on 06.02.2022, Step 2.3 on 29.03.2022, Step 2.4 on 29.03.2022 and Step 2.5 on 06.04.2022. The Appellant may note the same.
(iii) With respect to the information sought at para 2(iii) above, the CPIO has already informed the Appellant that the information sought requires drawing of inferences and/or making of assumptions, hence NHB has no information to furnish.
In this regard, the Appellant may note that such request cannot be construed as "information" within the meaning of section 2(f) of the RTI Act. Therefore, I do not find infirmity with the reply of the CPIO.
(iv) With respect to the information sought at para 2(iv) above, CPIO has informed the Appellant that the information as desired is not available in the MIS generated in the PMAY- CLSS Portal, hence NHB has no information furnish. However, the CPIO has provided information regarding the number of beneficiaries to whom subsidy has been released by NHB as Central Nodal Agency during the F.Y. 2015- 16 to F.Y. 2022-23. The concerned Department has also now confirmed the same.
Page 4 of 6In this regard, the Appellant may note that as per the provisions of the RTI Act, the public authority is required to provide only the information which is available with it. Hence, there is no infirmity with the reply of the CPIO.
5. Regarding the request made in the First Appeal for imposing penalty and recommending disciplinary action on the CPIO under Sec. 20 of the RTI Act, it may be noted that this authority has no such powers under the provisions of the RTI Act."
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that appropriate reply was given by the CPIO on 16.11.2022 and further additional information was provided by the FAA on 28.12.2022. The appellant was informed that his application for subsidy under PMAY(U)-CLSS was not found eligible, and the RTI forum may not be used to challenge the decision taken by the respondent authority with respect to clearance of his subsidy claim. Therefore, in view of the fact that adequate information has been made available to the appellant, there appears to be no scope for any other relief before the Commission. Accordingly, the appeal is dismissed.
Copy of the decision be provided free of cost to the parties.
(Anandi Ramalingam) (आनंिी रामललंगम) Information Commissioner (सूचना आयुक्त) दिनांक/Date: 12.06.2024 Authenticated true copy Col S S Chhikara (Retd) (कनगल एस एस निकारा, (ररटायर्ग)) Dy. Registrar (उप पंजीयक) 011-26180514 Page 5 of 6 Addresses of the parties:
1. The CPIO National Housing Bank, Nodal CPIO, RTI Cell, Core 5-A, 3rd To 5th Floor, India Habitat Centre, Lodhi Road, New Delhi-110003
2. Dr. Ashish Kapur Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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