Saibal Chattopadhyay vs Punjab National Bank on 27 June, 2022

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Central Information Commission

Saibal Chattopadhyay vs Punjab National Bank on 27 June, 2022

1. The issue under consideration arising out of the second appeal dated 26.02.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 11.11.2019 and first appeal dated 27.12.2019:-

(i) What was the rate of interest for Normal House Building Loan as on 03.08.2009?

Provide a copy of relevant order document.

(ii) What was the rate of interest for Special House Building Loan Agreement with the Government of West Bengal or known otherwise under which the HBL was sanctioned, as on 03.08.2009? Provide a copy of relevant order/document.

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(iii) By which order the rate of interest was enhanced afterwards for Special House Building Loan Agreement with the Government of West Bengal under which the instant HBL was sanctioned? Provide a copy of relevant order / document.

(iv) Whether number of EMI or rate of EMI was enhanced during the course of recovery of the instant HBL and was communicated to the undersigned or his office, if so, provide me the copy of the same.

(v) Provide me relevant document of such HBL scheme under which the instant HBL was approved.

(vi) Whether such order / document was communicated to the Applicant / Payee of the instant loan or to his office ever? Provide a copy of relevant communication.

(vii) Intimate with document regarding the fate of my First Appeal submitted before the DGM & Chief Regional Manager, United Bank of India, Hooghly Region on 10.10.2019 for proper justice.

(viii) Provide detail re-payment/recovery statement of the instant loan since 1st installment to 121st installment.

(ix) Provide me copy of all the papers of note sheet, order sheet, communications, and agreement etc. of the respective file, except the original document of my property submitted by me during application of instant HBL.

2. Succinctly facts of the case are that the appellant filed an application dated 11.11.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab National Bank, Serampore, seeking aforesaid information. The CPIO vide letter dated 09.12.2019 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 27.12.2019. The First Appellate Authority (FAA) did not pass any order. Aggrieved by that, the appellant filed second appeal dated 26.02.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 26.02.2020 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission Page 2 of 5 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 09.12.2019 and the same is reproduced as under:-

(i) "Rate of Interest under Normal Housing Loan under Fixed Rate (for a loan limit up to Rs.20.00 Lacs) was 11.25%. No copy can be provided to you as these are internal communication documents.

(ii) Rate of Interest under Special Housing Loan under Tie-Up arrangement with West Bengal Government for financing their employees was 8.25% (Fixed for first five years)' No copy can be provided to you as these are internal communication documents.

(iii) Your sanction order for your Housing Loan contains that "8 .25% at monthly rests for the first five years subject to reset after five years." Copy of the agreement of the Bank with West Bengal Government cannot be made available to you.

(iv) It has been clearly mentioned in your sanction letter that Interest will be reset after five years.

(v) Relevant document is the Sanction Letter which was accepted by you after sanction'

(vi) Yes, copy of your sanction letter was sent to your office for communication of sanction of your loan.

(vii) Branch had given you replies on 04.11.2019 and 20.11.2019 for all your loans.

(viii) Statement of the loan account is attached.

(ix) Note sheet, order sheet and communication cannot be sent to you."

The FAA did not pass any order.

5. The appellant and on behalf of the respondent Shri R K Biswal, Assistant General Manager and CPIO, Punjab National Bank, Hooghly, attended the hearing through video conference.

5.1. The appellant inter alia submitted that the respondent bank had sanctioned a House Building Loan (HBL) for an amount of Rupees Five Lac ( Rs. 5,00,000/-) on 03.08.2009 to Page 3 of 5 him under a Special House Building Loan Agreement with the Government of West Bengal or known otherwise @ 8.25% fixed interest under above mentioned House Building Loan to be recovered by 120 instalments (in 10 years/120 calendar months) as designed by Loan Sanctioning Authority of the United Bank of India, Howrah Branch which ended on August 2019 without any interruption. However, after completion of payment of all the instalments, he applied to the Branch Manager, the United Bank of India, Howrah Branch on 08.08.2019 for 'No due Certificate' and to return the original documents submitted by him against the HBL. The appellant further stated that he was informed by then the Branch Manager, the United Bank of India, Howrah Branch that he was required to pay an additional amount of Rupees One Lac Fifty Three Thousand Nine Hundred Twenty One (Rs. 153921/-) for enhancement of interest. Therefore, he had sought information regarding the basis for enhancement in rate of interest.

5.2. The respondent while defending their case inter alia submitted that they had informed to the appellant that Rate of Interest under Special Housing Loan under Tie-Up arrangement with West Bengal Government for financing their employees was 8.25% and it was for the first five years subject to reset after five years.

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 CPIO on 09.12.2019. However, the appellant had raised grievance regarding enhancement of rate of interest which was not the issue for consideration before the Commission. Moreover, the respondent have provided the requisite information and there appears to no public interest in prolonging the matter further. 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: 24.06.2022
Authenticated true copy

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

                                                                                      Page 4 of 5
 Addresses of the parties:
THE CPIO
PUNJAB NATIONAL BANK
(ERSTWHILE UNITED BANK OF INDIA)
HOOGHLY REGIONAL OFFICE, 23A, RAI M.C.
LAHIRI BAHADUR STREET, SERAMPORE,
WEST BENGAL - 712201

THE FIRST APPELLATE AUTHORITY,
PUNJAB NATIONAL BANK
(ERSTWHILE UNITED BANK OF INDIA)
 HEAD OFFICE: UNITED TOWER
4TH FLOOR, 11 HEMANTA BASU SARANI,
 KOLKATA- 700001

SHRI SAIBAL CHATTOPADHYAY




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