Central Information Commission
Ms. Chandrakanta Lokhande vs Supreme Court Of India (Sci) on 4 August, 2009
To issue in English and Hindi
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01152 dated 18.11.2007
Right to Information Act 2005 - Section 19
Appellant - Ms. Chandrakanta Lokhande
Respondent - Supreme Court of India (SCI)
Announced on 04.8.'09
Facts:
By an application of 29.1.07 Smt. Chandrakanta Lokhande of Junnardeo, Distt. Chhindwara (MP) applied to the CPIO Supreme Court of India seeking the following information:
"With reference to decision dated 6.2.2004 of Hon'ble Justice Shri Brijesh Kumar and Sh. Arun Kumar in Appeal No. 5168/2000:
i) Special Officer of M/s NC Banerjee & Co, SSIL issued an advertisement in all leadings paper of India and directed all depositors to apply along with original documents before 31st July 2004 to get their deposits refunded to them.
ii) As per orders of the Hon'ble Supreme Court who are the persons, who have been refunded their deposits, in which State, Divisions and District Offices by the Special Officer of M/s NC Banerjee & Co, SSIL during the period 31st July, 2004 to 31.1.2007.
iii) In which Divisional Offices, District Offices of Madhya Pradesh, who are the persons who have been refunded their deposits?
iv) How many persons have been refunded their deposits during 31.7.2004 to date in Chhindwara Office (MP). Please provide full details.
v) Please provide details of the persons who have got refund of their amount from M/s NC Banerjee & Co as per decision of Hon'ble Supreme Court in Appeal No. 5168/2000:
vi) Is applicant entitle to get relief from the Hon'ble Supreme Court or not in getting its refund from the Court, if Special Officer of M/s NC Banerjee & Co. does not comply with instructions issued by Hon'ble Supreme Court.
vii) The appellant is financially and mentally tortured poor lady.
If the Directors and Officers of the Company do not refund the amount to a poor widow lady, she will be committing 1 suicide along with his two kids and the respondent Company's Director Shri NC Banerjee and Officers will be fully responsible for the same.
viii) When M/s NC Banerjee & Co.'s Special Officer approached after 31.4.2004 vide applications dated 1.5.2005, 12.8.2005, 2.9.2005, 20.2.2006 & 1.11.2006 through Courier and Registered post, it was received back with remarks "not received', the appellant approached Indian National Women Commission, Human Rights Commission, Finance Ministry, Central Commerce Ministry, New Delhi on 12.4.2006, 1.11.2006 and to Reserve Bank of India, Kolkata on 4.3.2006, 1.11.2006 and requested for refund of her deposit but no action has been taken by any one on the application of a poor widow, till date.
ix) Applicant Mrs. Chandrakanta Lokhande deposited amounts with SSIL Company, Distt. Chhindwara Branch office (M.P.)vide Certificate No. 20010456000123 Fixed Deposit for 5 years 6 months amounting Rs. 1,00,035/- (Rupees One lakh and thirty five only), No. 20010456000107 Rs. 20,025/- ( Rupees twenty thousand and twenty five only), Certificate No. 20010456000109 - 12 installments of Rs. 500/- each amounting to Rs. 6000/- (Rupees six thousand only), Certificate No. 20010456000111 four quarterly installments of Rs. 480/- each amounting to Rs. 1920/- (Rupees one thousand nine hundred twenty only) on 23.3.01 and 15.3.01 up to 23.9.2006.
Besides this I also deposited money of my family members with SSIL Distt. Chhindwara Branch office vide certificate No. 20010456000110 12 installments of Rs. 500/- each amounting Rs. 6000/- , Certificate No. 20010456000108, 112, 113, 203, 201, 202, 212 and 20020456000010 Rs. 500/-.
x) Applicant deposited original documents / certificates amounting to Rs. 1,27,980/- (Rupees one lakh, twenty seven thousand, nine hundred eighty only) before due date i.e. 31st July, 2004, through registered post No. 5066 & 5067 dated 14.6.2004 and Acknowledgement due was received duly signed by the Company's officials.
xi) Sir, I am a poor, ill, physically handicapped, financially and mentally tortured widow. There is no one to look after my kids except me. I pray that my amount may be got immediately refunded to me after taking immediate necessary action against SSIL's Director & Officers otherwise I will be compelled to commit suicide along with my kids ; some how we have managed to live under critical 2 conditions. This amount of Rs. One lakh twenty seven thousand, nine hundred eighty can give us new life to survive.
xii) I have been issued Below Poverty Line identity card No. 36 by M.P. State Govt. and Ration Card under Untodya Ann Yojna vide Sr. No. 4 by the Distt. Collector, Chhindwara (M.P.), copies of which are attached herewith, which are the sole proof of my being very poor.
xiii) Under sec. 6(1) of Right to Information Act, 2005 information regarding :
1. Whether M/s N.C. Banerjee & Co will refund my deposits or not ? If yes, by which date?
2. If Company does not refund me my deposits, what relief will be provided to me by the Hon'ble Supreme Court ?
3. I want to have complete information sought by me through Registered post."
To this Ms Chandrakanta Lokhande received a response dated 12.3.2007 from CPIO SCI Shri Ashok Kumar, as follows:
"I write to inform you that as regards points (1) to (5) you are not a party before this Court in C. A. No. 5168/2004 which is pending and will be listed on 15.3.2007. In pursuance of this Hon'ble Court's order dated 6.2.2004, the Registry had forwarded the documents of the concerned persons to M/s N. C. Banerjee & Co., CA, Commerce House 2, Ganesh Chandra Avenue, 1st Floor, Room No. 9, Kolkata-700 013 vide letter dated 13.8.2004. You may, if so advised, contact M/s N. C. Banerjee & Co. for the purpose.
As regards points No. (6): No information is available in the Registry. The mater is sub-judice and you may, if so advised, contact M/s N. C. Banerjee & Co. for the purpose. Further, a copy of your letter has been forwarded to M/s N. C. Banerjee & Co. for such action as may deem proper."
Ms Chandrakanta Lokhande then received a letter from M/s N. C. Banerjee & Co, Chartered Accountant, Kolkata dated 27.3.2007 informing her as below:
3"We would like inform you that the Hon'ble Supreme Court of India has not yet passed any order for making payment to the depositors. Without the order of the Hon'ble Supreme Court of India we cannot make any payment to any depositor. From our record we found that the following claims were received by us."
Ms. Lokhande then moved an appeal of which we have no copy on record dated 18.4.07, upon which she received the following orders:
"A perusal of the above facts show that the appellant had sought for information regarding release of deposits made to SSIL Co., District Chhindwara. Evidently, the Hon'ble Supreme Court had directed N. C. Banerjee & Co. to ensure the repayment of the deposits. As per the CPIO the entire records have been issued to the N. C. Banerjee & Co. No information was held by the CPIO. Necessarily the CPIO was justified in informing the appellant that he was not holding the information as sought and also for forwarding the application to N. C. Banerjee & Co. was holding the records. The above findings of the CPIO are legally sustainable and are not liable to be interfered with.
In the result the appeal fails and is dismissed confirming the impugned order."
Ms Chandrakanta Lokhande then moved a second appeal before us with the following prayer :
"Through this appeal in the Central Information Commission, I request that necessary action be taken and all the money deposited by me and my family members with M/s NC Banerjee & Company SSIL be got refunded to me to help me monetarily and to enable us to arrange both ends meal"
The appeal was heard through videoconference on 15.4.2009. The following are present:
Appellant at NIC Studio, Chhindwara Ms. Chandrakanta Lokhande Respondents at CIC Studio, Delhi Mr. Raj Pal Arora, CPIO / Addl. Registrar, SC Mr. Amit Anand Tiwari, Advocate on behalf of CPIO Learned Counsel for respondents Shri Amit Anand Tiwari submitted that a final decision in this case is still pending before the Supreme Court, in which, as 4 intimated to appellant, Ms. Chandrakanta Lokhande was not a party. However, the case before the Supreme Court was regarding release of payment of all deposits and appellant MS. Lokhande has subsequently moved an appeal in this case.
Appellant Ms. Chandrakanta Lokhande on the other hand submitted that there has been a decision of 5.12.2007 ordering release of funds because thereafter she has received Rs. 7000/- out of Rs. 1,00,035/-, which was due to her.
Having heard the parties and examined the records, we find that there is a third party in this matter, which is M/s N.C. Banerjee & Company, Chartered Accountant, "appointed by the order of Hon'ble Supreme Court of India" located at Kolkata. As mentioned under "Facts", in a letter of 27.3.07 they have in fact written to appellant Ms. Lokhande in response to her petition in compliance with Sec 6(3) of R.T.I. Act. In the list attached the names of Ms. Chandrakanta Lokhande and her relations are indeed listed at Sr. No. 7, 8, 9 & 10. This third party is respondent in the appeal pending before the Apex Court. Before taking any final decision in this matter we decided that it will, therefore, be necessary to hear the third party. The hearing was, therefore, adjourned to be heard by video conferencing connected with both Chhindwara and Kolkata on 8.7.2009 at 4.30 p.m. The Registrar of the Supreme Court having been duly represented was excused from appearing in the next hearing. Accordingly, the following appeared before us through video conference on 27.7.2009 :
Appellant Ms. Chandrakanta Lokhande Respondent third party Shri A. Pal of M/s N.C. Banerjee & Co.
Shri P. Sarkar, -do-
Shri M. Banerjee, -do-
While appellant Ms. Lokhande understood no English, representatives of M/s N.C. Banerjee & Company knew no Hindi. The hearing was, therefore 5 conducted with Commission as Translator. Shri A. Pal representing M/s N.C. Banerjee & Co submitted that the Hon'ble Supreme Court by an order of 10.4.07, later modified by an order of 5.12.07, has ordered release on the basis of which release of 15% deposits has been commenced including to appellant Ms. Lokhande. Ms. Lokhande on the other hand submitted that whereas she has deposited Rs. 1,00,035/- she has received only 7 % which is Rs. 7,000/- Representing third party Sh. Sarkar responded by stating that the deposit of Ms. Lokhande was not Rs. 1,00,035/- but only Rs. 50,000/- which she has acknowledged in writing. On the other hand Ms. Lokhande submits that she has a receipt for Rs. 1,00,035/-.
Respondents offered to fax/e-mail relevant papers to us. We have received none DECISION NOTICE In this case, there is a disagreement between appellant Ms. Lokhande and the representatives of Chartered Accountants M/s N. C. Banerjee & Co. as to the information held on the quantum of the deposit. The Chartered Accountants, however, agreed that they have a copy of the receipt of Rs. 1,00,035/- but also the written acknowledgement by Ms. Lokhande that she has deposited only Rs. 50,000/-. The key issue is, therefore, as to what amount stands credited to Ms Lokhande to enable the Hon'ble Supreme Court to take a decision with regard to her deposit. Shri A. Pal will, therefore, enquire into the reasons for this discrepancy in information and send us a report within fifteen working days of the receipt of this decision notice so as to enable us to finalize the decision notice in this matter.
Reserved in the hearing awaiting receipt of supporting documents from respondents and having received none, or indeed any further communication, this Decision is announced on this fourth day of July, 2009. Notice of this 6 decision be given free of cost to the parties, including the Registrar , Supreme Court of India (Wajahat Habibullah) Chief Information Commissioner 4.08.2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 4.08.2009 7