Ketul Shah vs Union Bank Of India on 15 March, 2022

[Cites 4, Cited by 0]

Central Information Commission

Ketul Shah vs Union Bank Of India on 15 March, 2022

1. The issues under consideration arising out of the second appeal dated 19.09.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 09.03.2019 and first appeal dated 15.08.2019:-

(i) Term loan application date by Ms. Sambhav Infrastructure Pvt. Ltd.

(ii) Loan sanction & disbursement date by Ms. Sambhav Infrastructure Pvt. Ltd.

(iii) Reason for delay in mutation entry in Land Record (form -6) through form 135 D.

(iv) Information on independent check done by Corporation Bank while sanctioning & disbursing loan to M/s Sambhav Infrastructure Pvt. Ltd apart from builders declaration especially on details like -

Page 1 of 5

a) Checking of list of flats with flat no. where booking received by builder & value of booking amount collected by builder to understand total amount received by builder against total scheme cost before taking disbursement from corp. bank. This is important because scheme launched in 2012 and booking also started same time.

b) If done, share flat wise details (booking date, booking amt received etc.)

(v) Information on independent check done by Corporation bank while issuing provisional NOC to the flat owners who were purchasing individual flat through home loan like

a) What was agreed arrangement between builder and bank for amount received by builder prior to issuing provisional NOC or taking loan from Corp Bank? Whether this amount was appropriated by corp. bank against respective flat owner? This is important because scheme launched in 2012 and booking also started same time.

b) Whether checking of booking letter issued by builder with amount received from purchaser of flat as booking done by Corp Bank? Whether checking happened from Corp Bank for transfer of booking amount received by builder in escrow account prior to issuing provisional NOC.

c) If done, share flat wise details only for provisional NOC cases.

(vi) Provisional NOC shows that proportionate reduction in term loan amount from each flat against sale proceed value.

a) What is proportionate % against each flat agreed as per term loan agreement / arrangement with M/s Sambhav Infrastructure Pvt. Ltd?

b) How many provisional NOC issued so far by Corp Bank (with flat no)?

c) What proportionate amount recovered and pending for each flats where provisional NOC issued (with flat no)?

d) Share flat wise details only for provisional NOC cases.

Page 2 of 5

(vii) Final NOC issued to so many flat owners even after filing OA application under SARFAESI act and taking symbolic possession.

a) What amount recovered from all flat owners where final NOC issued after filing OA application?

b) Is there any formula worked out / per flat / per area for issuing final NOC for such cases?

2. Succinctly facts of the case are that the appellant filed an application dated 09.03.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Union Bank of India, Ahmedabad, seeking aforesaid information. The CPIO vide letter dated 09.04.2019 replied to the appellant. Aggrieved with the same, the appellant filed first appeal dated 15.08.2019. The First Appellate Authority (FAA) vide order dated 11.09.2019 disposed of the first appeal. Aggrieved by that, the appellant filed a second appeal dated 19.09.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 19.09.2019 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 09.04.2019 and the same is reproduced as under :-

"The information sought by you is a third-party personal information and you have not enclosed any authority letter authorizing you to seek information on behalf of M/s Sambhav Infrastructure Pvt. Ltd. In absence of the same, information sought by you is a personal information, the disclosure of which has no relationship to any public activity or interest and would cause unwarranted invasion of the privacy of individuals and is exempted under section 8(1)(j) of the Act. Hence, we express our inability to furnish the information."

Page 3 of 5

The FAA vide order dated 11.09.2019 agreed with the views taken by the CPIO and denied the information under section 8 (1) (d) & (j) of the RTI Act.

5. The appellant remained absent and on behalf of the respondent Shri Atul Kumar, Chief Manager (Legal), Union Bank of India, Ahmedabad, attended the hearing through video conference.

5.1. The respondent while defending their case inter alia submitted that information sought pertained to third-party i.e., M/s Sambhav Infrastructure Pvt. and the appellant had not enclosed copy of letter authorizing him to seek the information, disclosure of which had no relationship to any public activity or interest hence the same was exempted under section 8 (1) (d) & (j) of the RTOI Act.

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 respondent vide their letters dated 09.04.2019 and 11.09.2019. The respondent during the course of hearing defended their stand taken by the CPIO as well as 1st Appellate Authority on the ground that the appellant was a stranger as far as subject matter was concerned. Moreover, the appellant had not filed any written submission or nor presented himself before the Commission in spite of the notice. Hence, the averments made by the respondent were taken on record and there was 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) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 14.03.2022 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 :

1. Central Public Information Officer, UNION BANK OF INDIA, REGIONAL OFFICE, SAN HOUSE, 2ND FLOOR, OPP. GANDHI ASHRAM, NEAR DANDI BRIDGE, AHMEDABAD-380027 FIRST APPELLATE AUTHORITY, UNION BANK OF INDIA, 172/1 Premchand House , Ashram Road, Near Old High Court way, Ahmedabad, Gujarat-380009 Ketul Shah Page 5 of 5

Unlock Advanced Research with PRISMAI

Central Information Commission