Central Information Commission
T M Srinivasan vs State Bank Of India on 10 August, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/SBIND/A/2022/633869 +
CIC/SBIND/A/2022/629208
T M Srinivasan ......अपीलकता /Appellant
VERSUS
बनाम
1. CPIO,
Asst. Gen. Manager, RACPC-SBI,
Satheesh Pardise, No. 388,
Velachery Main Road, Selaiyur,
Chennai, 600073.
2. CPIO,
RACPC, State Bank of India,
MRC Nagar, No. 4, Santhome
High Road, Mylapore,
Chennai-600004. .... ितवादीगण /Respondent
Date of Hearing : 09/08/2023
Date of Decision : 09/08/2023
INFORMATION COMMISSIONER : Saroj Punhani
Note - The above-mentioned Appeals have been clubbed together for decision
as these are based on similar RTI Applications.
Relevant facts emerging from appeal (s):
RTI application filed on : 14/03/2022, 15/03/2022
CPIO replied on : Not on record, 29/03/2022
First appeal filed on : 03/05/2022, 12/04/2022
1
First Appellate Authority order : 08/06/2022, 20/05/2022
2nd Appeal/Complaint dated : 21/06/2022, 23/05/2022
Information sought:
The Appellant filed an RTI application (s) dated 14.03.2022 and 15.03.2022 seeking the following information:
"Information relating to loan sanctioned to Mrs. Sahaya Sumathi w/o Mr. J. Xavier and the queries are as under:
provide me the certified copy of following information:
1. Please inform whether RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai --600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennal -- 600 004 had received Death Certificate of Mr. P.S. Deivanayagam, Legal heir Certificate of Mr. P.S. Deivanayagam, Sale deed executed by Mr. P.A. Thangavel Mudaliyar & others in favour of Mr. P.S. Deivanayagam vide Doc. No. 1004/1958 dt. 05.04.1958 at SRO Pallavaram, Partition deed executed between Mr. D. Krishnamoorthy, and others vide Doc. No. 239/2005, dt. 25.01.2005 at SRO Pammal, Settlement deed executed by Mr. D. Sivaraman to Mrs. Prema Malaivizhi vide Doc No. 4678/2014, dt. 26.06.2014 at SRO Pammal, Sale deed between Mrs. Prema Malarvlzhi and Mrs. Sahaya Sumathi, vide Doc No. 560/ 2015, dt. 29.01.2015, Extract of the Pallavaram Town Survey Field Register, issued by The Special Tahsildar, Town land Scheme, Pallavaram in the name of Mrs. Sahaya Sumathi & Mannivari thoraiya patta stands in the name of Mrs. Sahaya Sumathi / Mrs. Prema Malarvlzhi / Mr. Sivaraman pertaining to Pozhichalur Village new survey no. 370/10, Property Tax receipt In the name of Mrs. Sahaya Sumathi, Judgement / Decree passed by District Munisif Court at Ponnamallee in 0.5. No. 296 of 1991. Dt. 11.04.1991, EM Booklet from Borrower Mrs. Sahaya Sumathi for loan sanctioned against property with Land and house situated at Plot No. 5, Maruthl Street, Pozhichlaur Chennai
-- 600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 (Part), New Survey No. 370/10 of Pozhichalur Village.
2. Please give me the certified copy of file pertaining to verification of Mr. P.S. Deivanayagam's death Date (07.10.2000) and date of Registration of Mr. P.S. Deivanayagam's death (24.11.2004) and Permanent Residential Address of Mr. P.S. Deivanayagam in Mr. P.S. Deivanayagam's Death Certificate vide death registration No. 007/0001/2004/00205 dt. 15.11.2004 at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennal -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, 2 Chennai -- 600 004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennal --600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village.
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3. Please give me certified copy of file pertaining to verification of Residential address mentioned in Mr. P.S. Deivanayagam's Legal Heir Certificate issued by Erstwhile Purasalwalakkam-Perambur Taluk vide Ni. Mu. No. ( E1)/27240/2004, dt. 24.12.2004 at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennai -- 600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village.
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4. Please give me certified copy of file pertaining to verification of permanent residential address of Mr. P.S. Deivanayagam in Mr. P.S. Deivanayagam's death certificate and address mentioned in Mr. P.S. Deivanayagam's Legal Heir Certificate at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai --600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennai --600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village.
5. Please give me certified copy of file pertaining to verification of Permanent residential address of Mr. P.S. Deivanayagam mentioned in his death certificate, address mentioned in Mr. PS. Deivanayagam's legal heir certificate and Address Proof submitted by Mr. P.S. Deivanayagam's wife, Sons and Surviving Daughters for registering Partition deed document No. 239/2005, dt. 25.01.2005 in Pammal Sub-registrar office at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennai --600 074, extent of 915 Sq. ft. and comprised in 3 Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village.
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6. Please inform whether RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 had sent any letter to Borrower Mrs. Sahaya Sumathi about Address discrepancy in Mr. P.S. Deivanayagam's death Certificate and Legal heir certificate at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennal -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennal -- 600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 Part ), New Survey No. 370/10 of Pozhichalur Village.
7. Please give me certified copy of letter sent by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai 600 004 to Borrower Mrs. Sahaya Sumathi about Address discrepancy in Mr. P.S. Deivanayagam's death Certificate and Legal heir certificate at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai --600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennai -- 600 074, extent of 915 Sq. ft. and comprised In Grammanatham Old Survey No. 210/2 Part ), New Survey No. 370/10 of Pozhichalur Village.
8. Please give me the certified copy of explanation letter received by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai
-- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 from Borrower Mrs. Sahaya Sumathi / Mrs. Prema Malarvizhi / Mr. D.Sivaraman about Address discrepancy in Mr. P.S. Deivanayagam's death Certificate and Legal heir certificate at the time of sanctioning of loan by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennal -- 600 004 to Borrower Mrs. Sahaya Sumathi against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur Chennai -- 600 074, extent of 915 Sq. ft. and 4 comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village.
9. Please give me certified copy of full file pertaining to Loan sanctioned by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai
-- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 to Borrower Mrs. Sangeetha against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur, Chennai -- 600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village with all relevant Documents, i.e :
Xxxxxxxxxxxxxxxx
10. Please give me the certified copy of full file pertaining to Civil / Criminal action taken by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selayiur, Chennai -- 600073 / RACPC. No.4, Santhome High Road, Mylapore, Chennai --600 004 on Borrower Mrs. Sahaya Sumathi / Mrs. Prema Malarvizhl / Mr. D. Sivaraman for producing Fake Legal Heir Certificate of Mr. P.S. Deivanayagam for getting Loan against property with Land and house situated at Plot No. S. Maruthi Street, Pozhichlaur, Chennai --600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village.
11. Please give me the certified copy of full file pertaining to Civil / Criminal action not taken by RACPC, Tambaram, Satheesh Paradise, No. 388, Velachery Main Road, Selaylur, Chennai -- 600 073 / RACPC, No.4, Santhome High Road, Mylapore, Chennai -- 600 004 on Borrower Mrs. Sahaya Sumathi / Mrs. Prema Malarvizhi / Mr. D. Sivaraman for producing Fake Legal Heir Certificate of Mr. P.S. Deivanayagam for getting Loan against property with Land and house situated at Plot No. 5, Maruthi Street, Pozhichlaur, Chennai -- 600 074, extent of 915 Sq. ft. and comprised in Grammanatham Old Survey No. 210/2 ( Part ), New Survey No. 370/10 of Pozhichalur Village."
CIC/SBIND/A/2022/633869 Having not received any response from the CPIO, the Appellant filed a First Appeal dated 03.05.2022. FAA's order, dated 08.06.2022, upheld the reply of the CPIO, held as under:
5"I have dispassionately examined the application and the appeal of the appellant. I have also called for other relevant details in this regard. On a careful examination of all the issues involved. it is observed that the appellant has preferred two RTI application with same queries to RACPC, MRC Nagar and RACPC, Tambaram. RACPC Tambaram has transferred the application under section 6 (3) of RTI Act to RACPC, MRC Nagar as the information is held by RACPC, MRC Nagar. Further, it is also observed that RACPC, MRC Nagar has furnished reply vide their letter No. RACPC/MRC/2021-22/92 dated 29.03.2022. The appellant received the reply and preferred first appeal and the same was disposed by First Appeal Authority on.20.05.2022.
In as much as the RTI application has been duly considered by the CPIO in terms of the RTI Act and disposed the same which was confirmed by the FAA. I am of the view that, there is no reason for the FAA to intervene in this matter and the Appeal is disposed accordingly."
CIC/SBIND/A/2022/629208 The CPIO furnished a reply to the Appellant on 29.03.2022 stating as under:
"It is observed that you have affixed Court Fee stamp of Rs.10/- on the RTI application, which is not the prescribed mode of payment of-fee as per "RTI Wiles- Rule 3 & 6 of Right to Information Act 2005 (Regulation of Fee and Cost) necessitates that RTI request should be accompanied by an application fee of Rs.10/- by way of cash against proper receipt or Demand Draft or Bankers Cheque or Indian Postal order payable to the Public Authority.
Further it is observed that you are seeking information pertaining to the borrower Mrs. Sahaya Sumathi, W/o Xavier, which is third party information. Hence, the information sought is exempted from disclosure as per Section 8(1) (j) of RTI Act."
Being dissatisfied, the Appellant filed a First Appeal dated 12.04.2022. FAA's order, dated 20.05.2022, concurs with the reply of the CPIO and no intervention in needed in this matter.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
6The following were present:-
Appellant: Present through Video-Conference along with his representative Vignesh.
Respondent: Not Present.
The representative of the Appellant submitted that till date no information was provided to the Appellant on his above mentioned RTI applications. He stated that the Respondent has wrongly denied the information on his RTI application.
On query from the Commission regarding deposit of correct RTI fees along with RTI application, the answer of the Appellant is negative.
Decision:
The Commission, after hearing the submissions of the Appellant and upon perusal of records, observes that the instant RTI Applications have not been filed in consonance with Section 6(1) of the RTI Act read with Rule 6 of the RTI Rules, 2012 which is as under -
" 6(1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to-- (a) the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority; 6. Mode of payment of fee.--Fees under these rules may be paid in any of the following manner, namely:--
(a) in cash, to the public authority or to the Central Assistant Public Information Officer of the public authority, as the case may be, against a proper receipt;
(b) by demand draft or bankers cheque or Indian Postal Order payable to the Accounts Officer of the public authority; or
(c) by electronic means to the Accounts Officer of the public authority, if facility for receiving fees through electronic means is available with the public authority'.
The same is evident from the fact that the Appellant has not filed a fresh/valid IPO or cash receipt along with the RTI Application upon receipt of the CPIO's response, as the RTI fees on 'court stamp is not an acceptable mode of payment under the RTI Act.
7Also, the CPIO cannot be made liable for having returned the RTI Application as no specific provisions to this effect are mentioned under the RTI Act.
Notwithstanding the aforesaid, the reply provided by the CPIO now is in the spirit of RTI Act, merits of which cannot be called into question.
Nonetheless, since the CPIO remained absent during the hearing proceedings to present their case, the CPIO is directed to send a proper written explanation for disregarding the Commission's notice of hearing by not appearing before the bench. The said written explanation of the CPIO shall be sent to the Commission within 7 days of the receipt of this order.
No scope for further action is warranted in the matter.
The appeal (s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 8