Dillip Kumar Sahoo vs Indian Bank on 24 August, 2022

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Central Information Commission

Dillip Kumar Sahoo vs Indian Bank on 24 August, 2022

1. The issue under consideration arising out of the second appeal dated 16.07.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 04.11.2019 and first appeal dated 03.01.2020:-

(i) True legible authenticated copy of the Lease-Deed executed between the House Owners of VIM-510, Sailashree Vihar, Bhubaneswar (i.e. Lessor) with Sri Basanta Kumar Parida, Chief Manager of lndian Bank, Circle Office, B-2 (East), Sahidnagar, Bhubaneswar (i.e. Lessee) for rented purpose on 03.10.2008, may please be furnished.

(ii) The amount of monthly house rent deposited by the Indian Bank, Sailashree Vihar Branch, Bhubaneswar in favour of the said Lessor with effect from Page 1 of 9 01.01.2008 till date against which Account Numbers, may please be furnished (Month-wise & year-wise)-

(iii) True legible authenticated copies of the Lease-Deeds basing on which the monthly house rents have been deposited against which Account Numbers of the Lessor may please be furnished, while the earlier Lease-Deed executed on 03.10.2008 has already been expired on 31 .12.2017.

(iv) True legible authenticated copies of all documents including the copy of building plan duly approved by the competent approving authorities like Bhubaneswar Development Authority, Bhubaneswar Municipal Corporation etc. basing on which the Sailashree Vihar Indian Bank Branch (First Floor), ATM of Indian Bank (Ground Floor) and Store of Indian Bank (Third Floor) are functioning over Plot No. VIM-510, Sailashree Vihar, Bhubaneswar, may please be furnished.

(v) True legible authenticated copies of all documents containing the permissions for commercial purposes from the competent authorities like Odisha State Housing Board, Bhubaneswar Development Authority, Bhubaneswar Municipal Corporation etc. for functioning of Indian Bank, ATM & Store over the said Plot No. VIM-510, Sailashree Vihar, Bhubaneswar, may please be furnished.

(vi) True legible authenticated copies of all receipts towards deposits of Municipality Taxes made before the Bhubaneswar Municipal Corporation in respect of Indian Bank, ATM &'Store functioning over the said Plot No. VIM- 510, Sailashree Vihar, Bhubaneswar, may please be furnished.

(vii) True legible authenticated copies of all receipts towards deposits of Municipality Taxes made before the Bhubaneswar Municipal Corporation for two nos. of Glow-Sign Boards fixed on the front wall of the building located Page 2 of 9 over the said Plot No. VIM-510, Sailashree Vihar, Bhubaneswar in respect of Indian Bank, ATM & store, may please be furnished.

(viii) True legible authenticated copies of all receipts towards deposits of eclectic bills for the Store of the Indian Bank functioning on the third floor of building located in the said Plot No. VIM-510, Sailashree Vihar, Bhubaneswar, may please be furnished.

(ix) True legible authenticated copy of action taken report relating to the appellant's petition dated 19.08.2019 (photo copy enclosed), may please be furnished.

(x) True legible authenticated copies of alt documents basing on which the fixed deposit amounting to Rs.50,000.00/- made on 24.07.2017 by his deceased wife Late Smita Rani Biswal @ Sahoo having Fixed Deposit Account Number *****35 in lndian Bank, Sailashree Vihar Branch, Bhubaneswar has been released to the nominee Reeta Nayak on 18.07.2019 amounting to Rs.56,000.00/- against which Account Number, may please be furnished.

(xi) Dates, Timings and persons those who have operated the Indian Bank (Sailashree Vihar Branch) Locker having Locker No. Steelage.37, Key No.74 and Code No.9913499268 of the appellant's deceased wife Late Smita Rani Biswal @ Sahoo w.e.f. 30.12 .2014 may please be intimated.

(xii) Dates, timings and persons those who have operated the said Indian Bank (Sailashree Vihar Branch) Locker having Locker No. Steelage-37, Key No.74 and Code No.g913499268 after death of his deceased wife Late Smita Rani Biswal @ Sahoo i.e. with effect from 19.0g.201g, may please be intimated.

(xiii) Present status of the Indian Bank (Sailashree Vihar Branch) Locker having Locker No. Steelage37, Key No.74 and Code No.9913499268 of his deceased wife Late Smita Rani Biswal @ Sahoo, may please be intimated.

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(xiv) True legible authenticated copy of action taken report basing on his said petition dated 04.09.2018 addressed to the Branch Manager, Indian Bank, Sailashree Vihar Branch, Bhubaneswar, accompanied by an FIR dated 03.09.2018 lodged before the Chandrasekhpur Police Station, Bhubaneswar and a copy of Station Diary Report bearing No. 16 dated 03.09,2018, may please be furnished.

(xv) True legible authenticated copies of statements of Indian Bank, Sailashree Mhar Branch, Bhubaneswar showing the repayment of loans of Rs.10 lakhs (House Building Loan) against Joint Account No. 7xxxxx8289 of Late Smita Rani Biswal @ Sahoo & Sri Umakanta Bisral w.e.f. 29.06.2006, may please be furnished.

(xvi) True legible authenticated copies of statements of Indian Bank, Sailashree Vihar Branch, Bhubaneswar showing the repayment of loans of Rs.4 lakhs (Semi Micro ENT. Services) against Account No. 7xxxx1307 of Late Smita Rani Biswal @ Sahoo w.e.f. 22.05.2007 may please be furnished. (xvii) True legible authenticated copies of statements of Indian Bank, Sailashree Vihar Branch, Bhubaneswar showing the repayment of loans of Rs.4 lakhs (IBHOME-LN-REP/REN-MCLR) against Account xxxxx642 of Late Smita Rani Biswal @ Sahoo & Sri Umakanta Biswal w.e.f. 09.04.2009, may please be furnished

2. Succinctly facts of the case are that the appellant filed an application dated 04.11.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Bank, Chennai, seeking aforesaid information. The CPIO vide letter dated 03.01.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 03.01.2020. The First Appellate Authority (FAA) vide order dated 07.04.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 16.07.2020 before the Commission which is under consideration.

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3. The appellant has filed the instant appeal dated 16.07.2020 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 03.01.2020 and the same is reproduced as under :-

"Point no. (i) to (viii) :The lease deed executed jointly by Ms. Smita Rani Biswal with other person. We have invoked section 11(1) for disclosure to the other person and he denied for the disclosure of information. As the disclosure of such information would cause unwarranted invasion of privacy of the individual, the information sought is exempted under section 8 (1) (j) of RTI Act. Hence no information provided.

      Point no. ix :       No information available

      Point no. x:         Based on the nomination given in favour of Ms. Reeta Nayak, the

said deposit we closed on 18.07.2019 and the proceeds were given to Ms. Reeta Nayak's SB account XXXXXX9800.

Point no. xi to xiii : Locker No. 37 had been allotted to Ms. Smita Rani and Ms. Reeta Nayak as E or S mode of operation from 31.12.2014 from 04.09.2018 onwards branch stopped allowing operation in the said locker account on receipt of copy of the letter received from station diary.

Point no. xiv): From 04.O9.2018 onwards branch stopped allowing operation in the Locker account on receipt of copy of the letter received from station diary Refer Annexure 2 Point no. xv): We have sent notice under Section 11(1) of RTI act to the joint account holder Mr.Umakanta Biswal, for disclosure of information. Mr.Umakanta Biswal denied for the disclosure of information. In the absence of concurrence from the joint account holders we are unable to provide the information sought by you.

Page 5 of 9 Point No. xvi) : Refer Annexure 3

Point No. xvii) : We have sent notice under section 11(1) of the RTI Act to the joint account holder Mr. Umakanta Biswal for disclosure of information Mr. Unrakanta Biswal denied for the disclosure of information. In the absence of concurrence from the joint account holders we are unable to provide the information sought by you".

The FAA vide order dated 07.04.2020 provided revised point-wise reply and the same is reproduced as under:

Point No. i) Copy of lease deed enclosed as Annexure in 10 pages.

Point no. ii) Monthly rent for the branch premises and ATM cabin @ Rs.69751 and Rs. 3400/- respectively w.e.f. 1.1.2008 has been credited to Home Loan account 707488289 from 8.12.2008 after execution of lease deed dated 3.10.2008. The credit amount of Rs.37400/- and Rs.76725/- on 8.12.2008 represents rent of previous 11 months. Statement of account for home loan account no 707488289 from 29.6.2006 to 31.03.2020 is enclosed as Annexure. ll in enclosed in 35 pages. At present rent paid is on old rate with 25% escalation as per terms of original lease deed which comes to Rs.12969/- (Rent on Premises Rs.8719.00 + ATM Rs.4250) = Rs.12969/-

Point no. iii) Copy of Lease deed enclosed as Annexure1. Lease agreement has not been renewed.

Point no. iv) Information not available with our S S Vihar branch.

Point no. v) Information not available with our S S Vihar branch.

Point no. vi): Available Xerox copy of Municipality tax paid for renewal of license for 2015- 16 is enclosed as Annexure-lll. Property tax is paid by the premises owner. No record to that effect is available with our S S Vihar branch.

Point no. vii): Information on payment of Municipality tax for Glow sign Board is not available with S S Vihar branch.

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Point no. viii): No separate Bill for the store on 3- floor. Available copy of Latest Electricity Bill paid by the Bank for both premises and ATM is enclosed as Annexure IV Point no. xv): Statement of account for A/C XXXXX8289 refer Annexure II.

Point no. xvii): Statement of account for A/c xxxx3642 from 9.4.2009 to 12.6.2019 in 32 pages enclosed as Annexure V. For queries ix, x, xi, xii, xiii, xiv and xvi CPIO's reply is reiterated.

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 while defending his case inter alia submitted that reply given by the respondent was evasive. He further submitted that a Lease Deed was executed between the House Owners (1) Smita Rani Biswal (2) Umakanta Biswal, with the Indian Bank represented through Sri Basanta Kumar Parida, Chief Manager for renting purpose on 03.10.2008. He stated that on 01.01.2014, Ms. Smita Rani Biswal got married to Sri Dilip Kumar Sahoo (appellant) and subsequently, Smita Rani Biswal @ Sahoo expired on 19.08.2018. The appellant further submitted that there was a locker in the name of his wife and after death of his wife the locker was opened by Ms. Reeta Nayak (sister of the appellant's wife) who took away all the ornaments kept in the locker. Therefore, he had filed an FIR against Ms. Reeta Nayak and the bank on 03.09.2018 in Chandrasekharpur Police station, Bhubaneswar. He further stated that he sought various information related to the said locker, renting of premises and rent paid by the bank etc. however, he contended that reply given by the respondent was incomplete.

5.2. The respondent while defending their case inter alia submitted that point-wise information was provided to the appellant by the then CPIO vide letter dated 03.01.2020. However, aggrieved by the same the appellant filed first appeal and the FAA provided revised point-wise information to the appellant vide order dated 07.04.2020. The respondent further submitted that the locker No. 37 was allotted to Ms. Smita Rani and Ms. Reeta Nayak as either or survivor mode of operation. Therefore, after death of Ms. Page 7 of 9 Smita Rani, the bank allowed operation of said locker Ms. Reeta Nayak. However, after the FIR was lodged by the appellant bank had stopped allowing operation in the said locker account after receiving instruction from the police.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that point-wise information/reply was provided by the respondent vide letter dated 03.01.2020 and 07.04.2020. The appellant had issue with regard to operation of locker No. 37 by Ms. Reeta Nayak allotted to his deceased wife and he had filed an FIR in this regard. The respondent submitted that the said locker was allotted to Ms. Smita Rani and Ms. Reeta Nayak as either or survivor mode of operation. Therefore, after death of Ms. Smita Rani, the bank allowed operation of said locker Ms. Reeta Nayak as per the rules. However, as per the respondent after the FIR was lodged by the appellant the operation of the said locker was stopped as per the instruction from the police. There appears to be no infirmity in the replies given by the respondent. The Commission is of the view that there is no public purpose in further prolonging the matter. Accordingly, the appeal is dismissed.

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

Sd/-

                                                                             सुरेश चं ा)
                                                          (Suresh Chandra) (सु        ा
                                                                          सूचना आयु )
                                               Information Commissioner (सू
                                                                दनांक/Date: 23.08.2022
Authenticated true copy

R. Sitarama Murthy (आर. सीताराम मूत )
Dy. Registrar (उप पंजीयक)
011-26181927(०११-२६१८१९२७)


Addresses of the parties:
The CPIO
Indian Bank 254-260, Avvai
Shanmugam Salai Royapettah,
Chennai- 600014

First Appellate Authority
Indian Bank, Head Office
                                                                                Page 8 of 9
 No. 66, Rajaji Salai Chennai - 600001

Shri Dilip Kumar Sahoo,




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