V S S Krishna vs Indian Bank on 17 May, 2023

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Central Information Commission

V S S Krishna vs Indian Bank on 17 May, 2023

1. The issue under consideration arising out of the second appeal dated 21.07.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 05.06.2021 and first appeal dated 25.06.2021:-

(i) SB A/c *******8388, IFSC Code:****S007 in Indian Bank Main Branch Now issue own SB A/c opening form all pages with proper attestation.

(ii) What is the current condition of his SB A/c.

(iii) In the time of SB A/c opening collect all his KYC without pending or not?

(iv) In the time of SB A/c opening what are the KYC are collected from me list out it.

(v) He got the subsidiary for LPG from of India in SB Account regarding that you have "My Aadhar seeding request form" Now give the copy of the form. If don't Page 1 of 6 have the form means then explain as to how without his request how he got the subsidiary for his LPG in Indian Bank Salem Main Branch.

Etc through 15 Points

2. Succinctly facts of the case are that the appellant filed an application dated 05.06.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Bank, Chennai. The CPIO vide letter dated 22.06.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 25.06.2021. The First Appellate Authority (FAA) vide order dated 19.07.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 21.07.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 21.07.2021 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 22.06.2021 and the same is reproduced as under:-

(i) The SB opening form is not traceable by the branch.

(ii) Your saving account is operative.

(iii) Queries seeking clarification will not cover under RTI as per information defined in Section 2(f) of RTI Act.

(iv) The opening form and attached KYC documents are not traceable by the branch.

(v) Copy of passbook., Aadhar and Pan card submitted at Salem Main Branch is enclosed in annexure 2.

(vi) (1) Valid upto December 2023.

(2) The master card ending with ****9610 has been provided without charges as is replacement card for your magnetic stripe card as per RBI directions. Annual maintenance charges will be applicable from 2nd year onwards.

Page 2 of 6

(3) After expiry of card, customer has to visit home branch. Either customer can get insta card immediately at the branch or if personalized card is needed, then request has to be raised through home branch.

(4) For replacement of expiry cards there is no charges. (5) Refer annexure 3.

(vii) The cheques were returned due to non-compliance of periodic updation of KYC as per RBI direction.

(viii) For SB cheque book of 20X1=20 leaves free in a calendar year.

(ix) For Saving Bank account, over and above 20 leaves (free) Rs 4 per cheque leaves to be charged.

(x) Query seeking explanation / clarification / reasons / advice / redressal of grievances / drawing of inferences / expression of opinion / verification of claims etc of situational / hypothetical queries will not cover under RTI as per information defined in Section 2(f) of RTI Act.

(xi) (1), (2) & (3). Query seeking explanation / clarification / reasons / advice / redressal of grievances / drawing of inferences / expression of opinion / verification of claims etc of situational / hypothetical queries will not cover under RTI as per information defined in Section 2(f) of RTI Act. The FAA vide order dated 19.07.2021 and the same is reproduced as under:-

(i) The SB opening form is not traceable by the branch.

(ii) Your saving account is operative.

(iii) Queries seeking clarification will not cover under RTI as per information defined in Section 2(f) of RTI Act.

(iv) The opening form and attached KYC documents are not traceable by the branch.

(v) Copy of passbook., Aadhar and Pan card submitted at Salem Main Branch is enclosed in annexure 2.

(vi) (1) Valid upto December 2023.

(2) The master card ending with ****9610 has been provided without charges as is replacement card for your magnetic stripe card as per RBI directions. Annual maintenance charges will be applicable from 2nd year onwards.

Page 3 of 6

(3) After expiry of card, customer has to visit home branch. Either customer can get insta card immediately at the branch or if personalized card is needed, then request has to be raised through home branch.

(4) For replacement of expiry cards there is no charges. (5) Refer annexure 3.

(vii) The cheques were returned due to non-compliance of periodic updation of KYC as per RBI direction.

(viii) For SB cheque book of 20X1=20 leaves free in a calendar year.

(ix) For Saving Bank account, over and above 20 leaves (free) Rs 4 per cheque leaves to be charged.

(x) Query seeking explanation / clarification / reasons / advice / redressal of grievances / drawing of inferences / expression of opinion / verification of claims etc of situational / hypothetical queries will not cover under RTI as per information defined in Section 2(f) of RTI Act.

(xi) (1), (2) & (3). Query seeking explanation / clarification / reasons / advice / redressal of grievances / drawing of inferences / expression of opinion / verification of claims etc of situational / hypothetical queries will not cover under RTI as per information defined in Section 2(f) of RTI Act.

(xii) Regarding Xerox copy of cheque No ****6067 presented in clearing house at Union bank of India, Salem on 07.06.2012 our Salem Main Branch has taken up the matter with Union Bank of India, Regional Office, Five Roads, Salem for the details. Union bank of India, Salem vide their email dated 26.03.2021 informed that the cheque ***6067 is unable to get retrieved since it was controlled under old version of Hard disc which was corrupted.

The above facts was already informed to you vide FAA Order No 704 of 2020- 2021 dated 29.03.2021.

Yes, the cheque is deposited at our Salem Main Branch. Union Bank of India, Salem Main Branch.

(xiii) (1) 2010.

Page 4 of 6

(2) CTS is an arrangement produced by RBI which facilities the processing of a cheque with the use of Magnetic Ink Character Reader (MICR) data and scanned image of the instrument without involving any physical exchange or movement of financial instrument?

(xiv) You can visit our website at www.indianbank.in -> Rates_>Deposit rates.

(xv) You can visit our website at www.indianbank.in -> Rates_>Service Charges /Forex charges ->Service charges wef 01.06.2021.

5. The appellant and on behalf of the respondent Ms Sreeja Rani, Chief Manager, Indian Bank, Chennai, attended the hearing through video conference.

5.1. The appellant inter alia submitted that he had received information on all points except for point no. (v) of the RTI application.

5.2. The respondent while defending their case inter alia submitted that on thorough search of records, they found 1 page of the form. Further, it could be assumed that the form was under the custody of the appellant.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent had replied that the information with respect to point no. (v) of the RTI application was not available under their custody. In view of the above, the respondent is directed to file an affidavit to that effect before the Commission and provide a copy of the same to the appellant within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 16.05.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 5 of 6 Addresses of the parties:

The CPIO Indian Bank, Head Office, No.66, Rajaji Salai Chennai - 600 001 First Appellate Authority Indian Bank, Head Office, No.66, Rajaji Salai Chennai - 600 001 Shri V S S Krishna Page 6 of 6

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