Gouri Shankar Jain vs United Commercial Bank (Uco) on 11 July, 2023

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Central Information Commission

Gouri Shankar Jain vs United Commercial Bank (Uco) on 11 July, 2023

1. The issue under consideration arising out of the second appeal dated 17.12.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 13.09.2021 and first appeal dated 21.10.2021:-

"Information regarding Account No ****5150, Asset Management Branch, LLR Sarani, Kolkata.

(i) What type of account is the above account? Is the above account a Joint Account? If yes, please give the names of the account holders and when the account was opened. If so, please state so. Is the above account a CC Account or Joint CC Account? If yes, please give the names of the account holders and Page 1 of 5 when the account was opened, name of the account holder /s at the time of opening and last sanction letter. If so, please state so.

(ii) Whether the above account ever changed its type? If yes, please provide details such as date and type of change. If no, please state so. What is the current Credit Facility Status? Is the account currently classified as NPA as per RBI guidelines? If yes, when did it turn NPA? Is interest being charged in the account? If no, since when the charging of interest was stopped. Are there been any other charges being levied on the account? Please yes, please give details. If no, please state so. Was the account status ever upgraded as per RBI guidelines? If yes, please give details. If no, please state so.

(iii) Whether the bank has entered into any settlement with the account holder or anyone with respect to the said account? If yes, whatare the terms of the settlement? If no, please state so. If money was received in the account, was the status of account upgraded as per RBI guidelines?

(iv) Has any suit been filed in the said account? If yes, please give status. If no, please state so.

2. Succinctly facts of the case are that the appellant filed an application dated 13.09.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), UCO Bank, Kolkata. The CPIO did not give reply to the appellant within the stipulated time. Aggrieved by the same, the appellant filed first appeal dated 21.10.2021. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant filed second appeal dated 17.12.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated17.12.2021 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.

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4. Perusal of the documents submitted by the appellant for filing second appeal 17.12.2021 revealed that neither the CPIO nor the FAA provided any information or reply to the appellant. Subsequently it was revealed that the concerned CPIO replied vide letter dated 28.01.2022 and the same is reproduced as under:-

(i) "Account No. ******5150 is CC account (NPA) in the name of Divya Jyoti Sponge Iron Pvt. Ltd. and operated by any one of the directors. Date of opening of account is 05.03.2007.

(ii) Above mentioned account turned into NPA on 30.09.2013 and no further interest charged in the account. Interest was charged up to 31.08.2013. Some amount charged as Legal expenses, advocate fee etc. of Rs. 31,715/- account is still NPA.

(iii) No, Bank had not entered into any settlement. The status of the account has not been upgraded, it is still NPA.

(iv) It is a consortium account and the OA/Case has not been filled by the Lead Bank."

5. The appellant represented by his son and on behalf of the respondent Shri Praveen Kumar, Assistant General Manager and CPIO, United Commercial Bank, Kolkata, attended the hearing through video conference.

5.1. The representative of the appellant inter alia submitted that the appellant was former director of the account No. *********5150 in the name of M/s Divya Jyoti Sponge Iron Pvt. Ltd. He further submitted that in the appellant's CIBIL report, the aforesaid account was showing as joint account and the loan was due in that account. He contended that as per the respondent's reply it was CC account and then how the loan was given against the property. He contended that the respondent had provided incorrect and misleading information.

5.2. The respondent while defending their case inter alia submitted that they had provided revised point-wise information to the appellant vide letter dated 29.05.2023 and the same is reproduced as under:

(i)     "Above account is a Cash Credit account.

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         No, it's not a Joint A/c. NA.

This is a CC A/c & was operated by any one of three Directors.

The Above A/c is a CC A/c in the name of DivyaJyoti Sponge Iron Pvt. Ltd. It was opened on 05.03.2007 as per our records.

Last sanction letter was issued on 17.11.2008.

(ii) Above account was Cash Credit A/c which turned into NPA on 30.09.2013 as per RBI guidelines and still NPA as on Date.

The Current Credit Facility Status is NPA.

Yes. The A/c is NPA as per RBI guidelines since 30.09.2013.

No interest is being charged in the A/c.

Since 30.09.2013 charging of interest was stopped.

Yes, some other charges viz: Legal Expenses/ Advocate fees amounting to ~ 31,715/- have been charged to the A/c since date of NPA.

No, the A/c never upgraded as per RBI guidelines and still NPA.

(iii) No, our bank has not entered into any settlement with the A/c holder or anyone else.

NA.

No money was received in the A/c regarding any settlement.

The status of account has not been upgraded, it is still NPA.

(iv) No suit has been filed in the said A/c in any Civil Court however as per information received, the OA Case No 11 /2015 dated 14.01.2015 has been filed by the Lead Bank, PNB. The Case is pending and the Next listing date is 12.06.2023."

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply was given by the respondent vide letters dated 28.01.2022 and 29.05.2023. The appellant was the former director of the account No. *********5150 in the name of M/s Divya Jyoti Sponge Iron Pvt. Ltd. The respondent had provided point-wise information to the appellant. Moreover, the information sought was in the form of queries and the CPIO was not under obligation to give justification and clarification under the provisions of the RTI Act. If the appellant had any grievance, the same may be raised before an appropriate forum. In Page 4 of 5 view of the above, there appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 10.07.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

The CPIO UCO Bank Operations & Services Department, Head Office, 10 BTM Sarani, Kolkata-700001 First Appellate Authority UCO Bank Operations &Services Department, Head Office, 10 BTMSarani, Kolkata-700001 Shri Gouri Shankar Jain Page 5 of 5

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