O. Abdul Hameed vs Punjab National Bank on 17 December, 2021

[Cites 4, Cited by 0]

Central Information Commission

O. Abdul Hameed vs Punjab National Bank on 17 December, 2021

1. The issues under consideration i.e. the reliefs sought by the complainant in his complaint dated 09.05.2019 due to alleged non-supply of information vide his RTI application dated 29.03.2019 are as under:-

(i) Kindly issue order to the PSU to furnish the information south by him free cost.

(ii) Impose penalty under RTI Act for failure to furnish information or give any reply

(iii) Direct PSU to furnish information about RTI Act with names of CPIO and FAA

2. Succinctly facts of the case are that the complainant filed an application dated 29.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Page 1 of 5 Information Officer (CPIO), Punjab National Bank Housing Finance Limited, Bangalore, seeking following information:

(i) One copy each of all the documents submitted by him to respondent's office in respect of his housing loan Reference No. HOU/MRH/0317/371026 dated 26.04.2017.

(ii) Present rate of Housing Loan interest charged by respondent

(iii) Rate of housing loan interest being charged from him in case of the Housing Loan Reference No. HOU/MRH/0317/371026 from the date of sanction till date.

(iv) Reason for variation of interest rate charged presently from other sanctioned application and from, and the relevant clause of any contract that he had signed with copy thereof.

(v) Whether respondent had issued any unsigned letter to him on February 01, 2019 and if so a copy thereof.

The CPIO did not give any reply to the complainant. Dissatisfied with the same, the complainant filed a complaint dated 09.05.2019 before the Commission which is under consideration.

3. The complainant filed the instant complaint dated 09.05.2019 inter alia on the grounds that no reply was given by the CPIO so far. The complainant 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. Perusal of the records submitted by the complainant while filing his complaint revealed that the CPIO did not give any reply/information.

Hearing on 26.08.2021:

4.1. The complainant attended the hearing through video conference and the respondent remained absent.

4.2. The Commission passed the following directions on 17.09.2021:

Page 2 of 5

"6. The Commission after adverting to the facts and circumstances of the case, hearing the complainant and perusal of records, observes that no reply/information has been given by the respondent so far. Further, the respondent remained absent in spite of the written notice being served upon them. In absence of the respondent authorities, the reasons for the same could not be ascertained. Therefore, a final opportunity may be given to the respondent to appear before this Commission and present their case. In view of the principles of natural justice, the matter is adjourned."

Hearing on 08.12.2021

5. The appellant remained absent and on behalf of the respondent Shri Sanjay Jain, Company Secretary, Shri Shakti Vats, Legal Head and Shri Vaibhav Jaain, Senior Manager, Punjab Housing Finance Ltd., Delhi attended the hearing in person. 5.1. The respondent while defending their case submitted that the notice for the last hearing before the Commission on 26.08.2021 was received by them on September 13, 2021 at CSO Office in New Delhi forwarded from their Bangalore Office. The respondent explained that owing to the spread of COVID-19 pandemic in the region the notice could not be shared by the Bangalore Branch to the CSO Branch in time. Further, in respect of the RTI application they submitted that PNBHFL (Punjab National Bank Housing Finance Limited) was subsidiary of Punjab National Bank (Government of India Undertaking) till November 6, 2016. As per the provisions of the section 2 (45) of the Companies Act, 2013, PNBHFL was covered by the definition of Government Company. PNBHFL had come out with the initial Public Offer of equity shares in terms of the resolution passed by the shareholders on April 22, 2016. The equity shared of PNBHFL were listed on the Bombay Stock Exchange and the Nation Stock Exchange of India with effect from November 07, 2016. The respondent further submitted that post the IPO, the shareholding of the promoter, the PNB had reduced from 51% to 32.64%. Therefore, in terms of definition of section 2 (45) of the Companies Act, 1956. PNBHFL was no more a Government company. Besides, the appellant was no longer their customer and his account was closed in February 2021. The appellant had multiple complaints regarding rate of interest charged but the same had been closed. The Page 3 of 5 respondent further stated that although they were not covered under the purview of the RTI Act they received and resolved complaints through their Customer Care and that the appellant's grievance had already been resolved.

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, noted that the respondent vide letter dated 13.09.2021 had communicated the Registry of this Bench their position as no longer being the subsidiary of PNB and as a listed company with Bombay Stock Exchange and National Stock Exchange. Therefore, they pleaded that they were not a public authority pursuant to 07.11.2016. That being so, no further interference is required in the matter. Accordingly, the complaint is rejected.

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

Sd/-


                                                            (Suresh Chandra) (सुरेश चं ा)
                                               Information Commissioner (सूचना आयु        )
                                                              दनांक/Date: 16.12.2021

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:
CPIO :
PNB HOUSING FINANCE LIMITED
MATHAHALLI BRANCH, 56,
SAI ARCADE, 3RD FLOOR,
MARTHAHALLI RING ROAD,
DEVARABISNAHALLI, BANGALORE- 560 037


SH. O. ABDUL HAMEED




                                       Page 5 of 5

Unlock Advanced Research with PRISMAI

Central Information Commission