N Neelajanaka Dhas vs Canara Bank on 30 August, 2023

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Central Information Commission

N Neelajanaka Dhas vs Canara Bank on 30 August, 2023

1. The issue under consideration arising out of the second appeal dated 16.02.2022 include non-receipt of the following information sought by the appellant through the RTI application dated 12.11.2021 and first appeal dated 29.11.2021 :-

(i) "I applied for a certified copy of one time loan settlement circular issued by Reserve Bank of India to the Former Syndicate Bank present Canara Bank by the R.B.I.

(ii) I applied for a certified copy of the formula containing a one-time settlement circular issued by RBI to you. That must be given.

(iii) Whether the bank officials are bound to comply with rules and regulations issued by Reserve Bank of India.

(iv) Whether the present Canara Bank former Syndicate Bank is bound to reply to the customers in respect of one time loan settlement.

(v) I want to know the details, why my application for a one-time loan settlement regarding Loan OSHL61l200l according to F.BI guidelines presented on 14-05-

2008 to Syndicate Bank Naylor Branch (now Canara Bank) was neglected.

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(vi) I want to know the details for bringing the property under auction sale on 05-11- 2008 even after my application dated 14-05-2008 was pending disposal regarding the guidelines issued by RBI

(vii) I want to know the details of why the Bank has withdrawn the auction sale after my reminder dated 20-l l-2008 regarding the guidelines of RBI.

(viii) I want to know the details about my depositing money before sending a reminder for one time settlement dated 20-l l-2008 and withdrawal of action

(ix) Give me the information about the withdrawal of auction sale dated 0l-12-2008 under what rule of Reserve Bank of India and SARFAESI Act. 2

(x) I want to know why the Bank had refused to reply my letter dated 14-05-2008 and 20-11-2008 in respect of one time loan settlement.

(xi) Please famish details why the Bank had sent a letter dated 0l-12-2008 asking for regularization of my loan and what is its necessity.

(xii) What is the necessity for the letter dated 0l-12-2008 asking for regularization of loan.

(xiii) While the bank had not replied to my letter dared l4-05-2008 and 20-l l-2008 asking for one time loan settlement, why the Bank had filed a petition before the Hon'ble Chief Judicial Magistrate Nagercoil for the taking over the concerned property by appointing Advocate commissioner to visit the property without complying court order in detail, to remit Rs.6,50,000/- under threat and thereafter why the bank had prepared one time loan settlement document.

14. Under what Act, rules and regulation the Bank had prepared the document for one time loan settlement after receiving Rs.6,,50,000/- under compulsion.

15. Give me the details why the Bank had asked by orally Rs.45,000/- in respect of one time loan settlement request dated 14.05.2008 and 20.11.2008..

16. Famish me about the details of notices till the Bank received Rs.45,000/- which was orally asked.

17. Give me the details why the Bank had not given a the receipt of sum of Rs.45,000/_ which was paid in respect of one time loan settlement.

18. what circumstance lead to filing the petition before the Hon'ble Chief Judicial Magistrate Nagercoil, while a civil suit which I had filed before the Hon'ble Principal District massif at Eraniel as O.S.No. 66/2013 .

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19. Give me the details of why the Bank has suppressed before 2013 in the affidavit filed before Hon'ble chief Judicial Magistrate Nagercoil in crl.M.p.No .855/2020.

20. Please give me the details about who asked the bank for one time loan settlement after preparing a document after receiving Rs.6,50,000/-.

21. While the Bank had not replied to my letter dated 14-05-2008 and 20-11-2008 in respect of one time loan settlement, give me the unnecessary expenditure caused in respect of preparing document in the year 2020".

2. Succinctly facts of the case are that the appellant filed an application dated 12.11.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Canara Bank, Tirunelveli. The CPIO vide letter dated 14.07.2023 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 29.11.2021. The First Appellate Authority (FAA) did not issue any order. Aggrieved by that, the appellant filed second appeal dated 16.02.2022 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 16.02.2022 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 14.07.2023 and the same is reproduced as under:-

(i) As the Circular is issued by RBI, the document sought is not available with the PIO. The RBI Circular for each period would be available in the RBI Website www.rbi.org.in.

(ii) As the Circular issued by RBI, the document sought is not available with the PIO. The RBI Circular for each period would be available in the RBI Website www.rbi.org.in.

(iii) Canara Bank being a Nationalized bank duly comply with all the rules and regulations issued by RBI from time to time.

(iv) Bank is in the practice of replying to all the representation received.

(v) Accepting the OTS is the discretion of bank and the same is not a matter of right of the borrower.

(vi) Accepting the OTS is the discretion of the bank and the same is not a matter of right of the borrower, if the same is not acceptable, bank has right to proceed with the Recovery Action.

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(vii) to (ix) Authorized officer reserve the right to postpone / cancel or vary the terms and conditions of action without assigning any reason thereof.

(x) to (xvii). Accepting the OTS is the discretion of bank and the same is not a matter of right of the borrower, if the same is not acceptable, bank has right to proceed with the Recovery Action.

(xviii) to (xxi) When the account continued in NPA, Bank filed S.14petition under SARFAESI Act as Crl MP 855/2020.

The FAA did not issue any order.

5. The appellant remained absent and on behalf of the respondent Shri Srinivas, Regional Manager, Canara Bank, Tirunelveli, attended the hearing through video conference. 5.1. The respondent while defending their case inter alia submitted that they had provided point-wise information vide letter dated 14.07.2023 and further stated that the appellant had approached them for settlement of his loan account on 20.03.2020. They further stated that the appellant's loan account was settled under OTS scheme for an amount of Rs. 6.50 lakhs. They informed that the appellant had paid the requested OTS amount of Rs. 6.50 lakhs in two instalments of Rs. 2 lakhs on 23.03.2020 and Rs. 4.50 lakhs on 13.05.2020 and the loan account stood settled under their book.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that due reply was given by the CPIO on 14.07.2023. The respondent also brought into notice of the Commission that the appellant's loan account was settled under OTS scheme for an amount of Rs. 6.50 lakhs. Further, in the absence of the appellant or any written objections thereof, the averments made by the respondent were taken on record. 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: 30.08.2023 Page 4 of 5 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

THE CPIO: CANARA BANK, TIRUNELVELI REGIONAL OFFICE, 1, NOOR SAIT PLAZA, 2ND FLOOR, OPP NEW BUS STAND, PERUMALPURAM, TIRUNELVELI - 627002 THE FIRST APPELLATE AUTHORITY CANARA BANK, TIRUNELVELI REGIONAL OFFICE, 1, NOOR SAIT PLAZA, 2ND FLOOR, OPP NEW BUS STAND, PERUMALPURAM, TIRUNELVELI - 627002 SH. N NEELAJANAKA DHAS Page 5 of 5

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