Mohamed Farouk Suleman Darvesh vs Corporation Bank on 11 December, 2019

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Central Information Commission

Mohamed Farouk Suleman Darvesh vs Corporation Bank on 11 December, 2019

1. The issues under consideration arising out of the second appeal dated 20.12.2017 include non-receipt of the following information raised by the appellant through his RTI application dated 13.09.2017 and first appeal dated 26.10.2017:-

(i) To provide the certified copy of latest Valuation Report obtained from approved Government Valuer for deciding the reserve price as mentioned in Page 1 of 5 the Sale Notice dated 10.08.2017 issued by the Corporation Bank to us for Property consisting of Flat No.1602 bearing Corporation Door No. 15-4-199/2 (68), on 16th Floor, admeasuring 1840 Sq. Ft. built up area along with additional common area of 86.58 Sq. Ft. totally admeasuring 1926.58 Sq. Ft.

and Terrace area T4 of 140.00 Sq. Ft. and T5 of 65 Sq. Ft. and a Car Parking Space bearing No. 68 (A) on the ground floor along with proportionate right in the common area and facilities, in the multi -storeyed apartment building known as "WEST WIND" together with 1.125% undivided right title and interest in the non-agricultural property situated at 87-A, Kadri Village of 15th Bendoor Ward within Mangalore City Corporation Limit and within the Registration of Sub-District of Mangalore City of DK District.

(ii) To provide the certified copy of Panchnama Report, List of inventory Report, name & designations and residential address of the Panchas/officers appointed by the Corporation Bank, while taking the Symbolic Possession on 12.06.2017 of the West Wind Property.

2. Succinctly facts of the case are that the appellant filed an application dated 13.09.2017 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Corporation Bank, Gandhi Nagar, Mangalore seeking aforesaid information. The CPIO replied on 07.10.2017. Dissatisfied with the response of the CPIO, the appellant filed first appeal dated 26.10.2017. The First Appellate Authority did not pass any order. Aggrieved by this, the appellant has filed a second appeal dated 20.12.2017 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 20.12.2017 inter alia on the grounds that the reply given by the CPIO is incomplete, misleading and also both the respondents have mala fidely denied the request for information. The appellant requested the Commission to direct the CPIO to provide the information.

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4. The CPIO vide letter dated 07.10.2017 denied the information on point 1 stating that information sought was third party information, hence, could not be provided under clause (j) of sub section (1) of section 8 of the RTI Act and denied information sought in point 2 stating that the bank had not taken actual possession of the property mentioned under para no. 1. Therefore the question of preparing any Panchnama in respect of inventory as referred to in appellant's application did not arise. The FAA did not pass any order.

Hearing on 17.07.2019:

4.1. The appellant remained absent and on behalf of the respondent Mr. Purnachandra Rao C.V., Assistant General Manager, attended the hearing through video conference. 4.2. The Commission passed the following directions on 23.07.2019:

"6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, feels that the appellant had not timely received the hearing notice issued by the Registry of this Bench and has attached the dak receipt reflecting the date of receipt as 18.07.2019. The appellant has not been able to attend the hearing due to late receipt of hearing notice and therefore deserves an opportunity to represent his case. In view of the interest of justice, the matter is adjourned."

Hearing on 14.11.2019:

5. The appellant represented by Shri Pritam Tambey and on behalf of the respondent Mr. Purnachandra Rao C.V., Assistant General Manager, attended the hearing through video conference.

5.1. The appellant submitted that he was the Director of the Company and the respondent had wrongfully denied the valuation report of the property to him. He alleged that arbitrary proceedings were initiated against him without issuing a show-cause notice to him.

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5.2. The respondent submitted that the valuation report was a report prepared by expert for assessing the valuation of the property. Hence, the same not being a public document was not furnished to the appellant.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that the appellant being one of the directors of the company M/s Associate Lumbers Pvt. Ltd. was entitled to receive the information. Besides, the respondent having not sought an exemption under the provisions of Section 8 of the RTI Act and the mere contention that the report is not a public document is perfunctory. In view of this, the respondent is directed that information with respect to point No.1 of the RTI application be made available to the appellant, within ten days from the date of receipt of this order. With respect to point no.2 of the RTI application, information has been furnished by the respondent. With the aforementioned observations and direction, the appeal is disposed of.

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: 10.12.2019
Authenticated true copy

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


Addresses of the parties:
CPIO :
1. CORPORATION BANK
MANGALORE ZONAL OFFICE, D No.
6-2-43, (1) & (2), 1ST

                                                                                   Page 4 of 5
 Floor, NEAR LADYHILL CIRCLE,
GANDHINAGAR, MANGALORE - 575003

THE F.A.A, CORPORATION BANK,
MANGALORE ZONAL OFFICE, D
No. 6-2-43, (1) & (2), 1ST Floor, NEAR
LADYHILL CIRCLE,
GANDHINAGAR, MANGALORE - 575 003


MOHAMED FAROUK SULEMAN DARVESH




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