Central Information Commission
Mr.V K Vidhyarthi vs Bank Of India on 1 February, 2012
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/001026/17207
Complaint No. CIC/SG/C/2011/001026
Complainant : Mr. V. K Vidyarthi
H.No.75, 3rd Floor
South Anarkali, Delhi-51
Respondent : Mr. A. K. Mishra
PIO & AGM Bank Of India Okhla Phase-I, New Delhi - 110020 RTI application filed on : 29/04/2011 PIO replied : 23/06/2011 First Appeal filed on : 06/06/2011 Complaint filed on : 01/09/2011 Complaint notice issued on : 22/11/2011 Information Sought Complainant sought the information in the matter of false prosecution of the applicant by M/s EXIM India International 101 BOISTC. B.32 sector- 62 Noida Case No. 7062/10 Pending In the Court of Sh. Gajender Singh Nagar M.M II Karkardooma Court Delhi. The following information/ document may be furnished:
(i) Whether the aforesaid address of the firm M/s EXIM India International is correct?
(ii) Please furnish the copy of registered address of M/s Exim India International, the name of proprietor/partners along with their residential address, PAN Number etc.
(iii) Whether the partners / proprietors of the firm are operating their individual A/c also? if so please furnish their saving A/c Nos.
(iv) Please quote the firms current A/c No.
(v) From which date the firm is operating it's A/c.
(vi) What are the annual transactions of the firm from the date of operation of A/c to the end of Feb, 2011?
(vii) Whether M/s Exim India International is also registered with salesTax department? If so please furnish sales Taxs Number. & its' full particulars.
(viii) Whether any person or company can open his office at 101 BOISTC B 32, sector 62 Noida 201301,Uttar Pradesh, India for transacting commercial activities in the residential complex? If so please furnish the copy of such authorization with full details.
(ix) Whether M/s Exim India International has obtained VAT Number? If so, Please furnish the particulars.
(x) Whether two Airway bills No. 125.8043175 & 125.80434465 were submitted to your bank by M/s. Exim India International, 101 BOISTC,B- 32, Sector 62 Noida 201301 for claiming the payment from the consignee M/s. Wejkins Ghana Ltd., P.O. Box No. 1442, Tema, Ghana. If so please furnish the following information / document:- copy of (1) Shipping bills (2) Invoices (3) Packing list (s) (4) Bill of Exchange (5) certificate of origin etc. Page 1 of 3
(xi) The ref No. & date by which these documents were processed by your bank for payment from consignee at Ghana and /through which Bank in Ghana, the payment was executed?
(xii) Please inform the date of Shipment against the above referred Air bills.
(xiii) Please inform the date of bill of exchange issued and On which date you have sent these bills of exchange in reference of these two Airway bills & under which A/c No.
(xiv) Whether GR issued against Air waybills No. 125-80431735, British Airway dated:
23.01.2010, isued by M/s. Flexi Logistics, New Delhi and Airway bill No.125-
80434465.British Airways issued by M.s Continental Carriers Pvt Ltd,Delhi have been cleared/discharged.
(xv) (15) In case the payment has been received against above Airway bills, please give the complete details of sender of payment and its Bank and the date of receipt of such payrilent in your Bank.
(xvi) In case the firm under reference has furnished the copy of Airbills other then as aforesaid.
Please furnish full details of documents/ particulars of such transactions had with the foreign buyer Viz M/s Wejkins Ghana Ltd Ghana.
(xvii) Whether this address (101 BOISTC, B 32, and sector- 62, Noida 201301, (Uttar Pradesh, India) false under commercial area or residential area? (xviii) Whether the aforesaid firm has been permitted to operate /transact their business at residential complex? If so by whom & also please furnish a copy of such authorization / permission? (xix) Please state if any G.R. under reference is pending? In case of pending G.R, whether permission from RBI has been sought or not. If sought please furnish a copy of the same/ (xx) Please confirm whether the Ghana firm has released the wanting payment? Whether any amount is still pending? If so, What steps have been taken by (1) Bank and (2) by firm to get the outstanding money if any from the foreign buyer under reference? (xxi) Please furnish the details & the mode of payment received from M/s Wejkins Ghana Ltd. On behalf of the above firm. The copy of such transaction may be furnished. (xxii) Please furnish the copy of contract / agreement if any singed between M/s Exim India International and M/s Wejkins Ghana Ltd. and/or any third party. II Reply of the PIO PIO replied with reference to the letter dated 06-06-2011 by the complainant that "we advise you, to approach Central Public Information Officer (CPIO) for the desired information at their following address:-
The Deputy' Zonal Manager 1 Bank of India New Delhi Zone Jeevan Bharati Building Tower-i, Connaught Place New Delhi."
Grounds for Complaint:
Non-receipt of information from the Board.
Submission received from the PIO:
PIO submitted that "the Appellate Authority has already disposed off the Appealvide their letter no. NDZO/HR/RTI/AA/090/483 dt.27.07.2011. We enclose herewith a photo copy of said Appellate order for your information and record. We are also enclosing herewith the duplicate copy of our this letter along with the said Appellate order to he Complainant again."Page 2 of 3
Relevant Facts emerging during Hearing:
The following were present Complainant: Absent;
Respondent: Mr. A. K. Mishra, PIO & AGM;
The Respondent states that the complainant had sought information about a customer of the Bank M/s Exim India International. The Bank has denied the information claiming exemption under Section 8(1)(e) of the RTI Act. Section 8(1)(e) of the RTI Act exempts information which is held in a fiduciary capacity by the public authority.
Section 8 (1) (e) of the RTI Act exempts from disclosure 'information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;' The traditional definition of a fiduciary is a person who occupies a position of trust in relation to someone else, therefore requiring him to act for the latter's benefit within the scope of that relationship. In business or law, we generally mean someone who has specific duties, such as those that attend a particular profession or role, e.g. doctor, lawyer, financial analyst or trustee. Another important characteristic of such a relationship is that the information must be given by the holder of information who must have a choice,- as when a litigant goes to a particular lawyer, a customer chooses a particular bank, or a patient goes to particular doctor. An equally important characteristic for the relationship to qualify as a fiduciary relationship is that the provider of information gives the information for using it for the benefit of the one who is providing the information. All relationships usually have an element of trust, but all of them cannot be classified as fiduciary. Information provided in discharge of a statutory requirement, or to obtain a job, or to get a license, cannot be considered to have been given in a fiduciary relationship.
In the instant case very clearly a fiduciary relationship exists, since customers of a Bank come to it because of the implicit trust they have; and they provide information to the Bank for their own benefit. Customers also have a choice of which bank they wish to approach. Hence unless a large public interest is shown the information is exempted from disclosure. In the instant case no larger public interest has been demonstrated.
Decision:
The appeal is disposed.
The information sought by the Complainant is exempted under Section 8(1)(e) of the RTI Act.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 01 February 2012 (In any correspondence on this decision, mention the complete decision number. (SH) Page 3 of 3