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[Cites 3, Cited by 0]

Central Information Commission

V Nandhini vs United Commercial Bank (Uco) on 5 October, 2023

Author: Suresh Chandra

Bench: Suresh Chandra

                                        के   ीयसूचनाआयोग
                                Central Information Commission
                                    बाबागंगनाथमाग ,मुिनरका
                                 Baba Gangnath Marg, Munirka
                                 नई द ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No. CIC/UCOBK/A/2022/627850
V. Nandhini                                      ... अपीलकता /Appellant

                                         VERSUS
                                         बनाम
CPIO: UCO Bank, Chennai
                                                             ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:

RTI : 14.09.2021                  FA     : 03.11.2021             SA     : 19.05.2022

CPIO : 16.09.2021                 FAO : No Order                  Hearing : 31.08.2023
                                            CORAM:
                                    Hon'ble Commissioner
                                 SHRI SURESH CHANDRA
                                           ORDER

(05.10.2023)

1. The issue under consideration arising out of the second appeal dated 19.05.2022 include non-receipt of the following information sought by the appellant through the RTI application dated 14.09.2021 and first appeal dated 03.11.2021:-

 Appellant's husband, S.Vijayan, No.15, AngalammanKoil Street, Periyakalapet, Puducherry - 605 014 died on 08.10.2020 (Death Certificate attached) and as a wife of deceased Sviiayan, she sought following information:
(i) Kindly furnish the information about outstanding loan amount due of her husband viz. S.Vijayah (individual or/and Proprietorship) in the UCO Bank.

Kalapet Branch, Periyakalapet, Puducherry as on date along with its category/scheme of loan, loan amount, date of sanction of loan and loan account number Page 1 of 5

(ii) Kindly furnish the copy of (i) Demand Promissory Note, (ii) Loan Agreement and (iii) Guarantor Agreement for the above said outstanding loan amount.

(iii) Kindly furnish the information that the loan pertains to outstanding amount borrowed by deceased S. Vijayan (individual or/and Proprietorship) is specifically secured by mortgage of immovable property in the Sub-Registrar. Registration Department. lf yes, please Furnish the copy of (i) Memorandum of Deposit of Title Deeds, (ii) Memorandum of Entry and (iii) Confirmation letter regarding deposit of title deeds, for the same.

(iv) Kindly furnish the information about any loans borrowed her husband deceased S. Vijayan (individual or/and Proprietorship) in the UCO Bank, KalapetSranch, Periyakalapet, Puducherry has been closed/settled. Lf yes, please furnish the category/scheme of loan, loan amount, date of closure of loan.

(v) Kindly furnish the information that the UCO Bank, Kalapet Branch, Periyakalapet, Puducherry had obtained any written intimation letter from my husband viz. deceased S.Vijayan {individual of/and Proprietorship)for not opted for insurance coverage.

(vi) Kindly furnish the information that the bank had intimated about making insurance coverage to my husband viz. deceased SVijayan (individual or/and Proprietorship) for the loans borrowed by him.

(vii) Kindly furnish the information about the name ofthe Authority and its address to make complaint against the present Branch Manager the UCO bank, xalapetBranch, Periayakalapet, Puducherry for using un-parliamentary words.

(viii) Kindly furnish the information about the loan Account Number of Cash Credit under UCO Trader Scheme for Rs.7.50 lakhs sanctioned on 28.03.2014 to my husband viz. deceased S.Viiayan {individual of/and Proprietorship} and furnish copy of (i) Demand Promissory Note, (ii) Loan Agreement and (iii) Guarantor Page 2 of 5 Agreement for the above said Cash credit under UCO Trader Scheme for Rs.7.50 lakhs

2. Succinctly facts of the case are that the appellant filed an application dated 14.09.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), UCO Bank, Chennai, seeking aforesaid information. The CPIO replied on 16.09.2021. Aggrieved by the same, the appellant filed first appeal dated 03.11.2021. The First Appellate Authority(FAA) did not pass any order. Aggrieved by that, the appellant filed second appeal dated 19.05.2022 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 19.05.2022 inter alia on the grounds that no reply was received from the respondent. 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 on 16.09.2021 and the same is reproduced as under:

"i. Cash Credit under UCO Trader Scheme RS.7.5O lacs sanctioned on 28.03.2014 ii. A copy of Demand promissory Note, Loon agreements and Guarantor agreements are enclosed.
iii. Yes; copy of MoTD, Letter of confirmation (Form-D and Form-El is enclosed. However as memorandum of entry is a confidential document it is exempted under section 8 (1) (d) iv. Mr. J. Krishnamurthy, Senior Manager v. &vi. Insurance coverage was optional and the borrower hos not opted for the same.
vii. As it is a question, the same is not covered under RTI viii. Total amount of dues Rs. 10,91 ,844/-
ix. Yes; Zonal Manager. UCO Bonk. Zonal office, 2"d Floor, 328 Thambu Street. parry's. Chennai - 600 001. The proposal has to come through the Branch"
Page 3 of 5

5. The appellant represented by Shri M Murugan and on behalf of the respondent Shri V Debi, Manager(Law), United Commercial Bank, Chennai, attended the hearing through video conference.

5.1. The appellant inter alia submitted that they had not received any reply or information from the respondent, till the date of hearing.

5.2. The respondent while defending their case inter alia submitted that they had provided point-wise information along with all documents i.e. Demand promissory Note, Loan agreements and Guarantor agreements, etc. vide letter dated 16.09.2021.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that the respondent replied vide letter dated 16.09.2021 which has been reproduced above in Para 4. However, the appellant's representative insisted that they had not received any response from CPIO. In view of the above, the respondent is directed to provide information to the appellant again within three weeks from the date of receipt of this order. With these observations and directions, the appeal is disposed of.

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

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 05.10.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत#) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 4 of 5 Addresses of the parties:

THE CPIO UCO Bank, Zonal Office, 2nd Floor, 328, ThambuChetty Street, Chennai - 600001 First Appellate Authority, UCO Bank, Zonal Office, 2nd Floor, 328, ThambuChetty Street, Chennai -600001 Ms V Nandhini, Page 5 of 5