Central Information Commission
Mra S Chauhan vs State Bank Of Patiala on 19 January, 2016
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
website-cic.gov.in
Case No. CIC/MP/A/2015/000431
Appellant : Shri A.S. Chauhan, Kanpur.
Public Authority : State Bank of Patiala, Lucknow.
Date of Hearing : 12th January, 2016.
Date of Decision : 19th January, 2016
Present :
Appellant : Not present.
Respondent : Shri P.K. Mishra, Chief Manager & Shri
Shiv Kumar Pankha, Law Officer through
VC.
ORDER
1. The appellant Shri A.S. Chauhan submitted RTI application dated 20.08.2014 to the Central Public Information Officer, State Bank of Patiala, Lucknow seeking information relating around 38 plots of Aarazi No. 612 & 613, Village Bery, Akbarpur Kachar whether any auction notice was issued under the SARFAESI Act; whether any interest was charged after the loan account become NPA, as per guidelines issued by the RBI; in case of death of owners of plots mortgaged, after getting the insurance claim, the rules relating to recovery of balance outstanding amount etc. through three points.
2. Aggrieved with non receipt of response from the CPIO, the appellant filed an appeal before the first appellate authority (FAA) on 22.09.2014. The FAA had not adjudicated appellant's appeal.
3. Thereafter the appellant filed the instant appeal before the State Information Commission of UP, Lucknow on 10.10.2014. As the subject matter CIC/MP/A/2015/000431 1 related to the Central Government organization, the State Information Commission forwarded the instant appeal to the Central Information Commission.
4. The matter was heard by the Commission. The appellant was not present in spite of a notice of hearing having been sent to him. The respondents stated that the CPIO vide letter dated 23.09.2014 had denied information on point 1 under the provisions of Section 8(1)(e) and (j) of the RTI Act being third party information; on point 2 the appellant was informed that as per RBI guidelines that no interest was added after the date of the account becoming NPA, but at the time of compromise all the interest had to be added; on point 3 the appellant was informed that after the death of the borrower, after adjusting the insurance claim, outstanding amount, interest, the penal interest had to be adjusted through borrower's SB account or any mortgaged property. They further stated that on receipt of hearing notice from the Commission, the CPIO had again sent his reply dated 20.08.2014 to the appellant vide letter No. AGM-I (LKO)/RTI/4616 dated 29.09.2915 through registered post.
5. The Commission holds that the respondents had provided information, permissible under the RTI Act, within the stipulated period as mandated under the RTI Act, 2005. The decision of respondents is upheld. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Ph. No. 011-26105027 CIC/MP/A/2015/000431 2 Address of the parties:
Shri A.S. Chauhan, Chamber No. 7, Court Compound (Near Sulabh Complex), Kanpur Nagar (U.P).
The Central Public Information Officer, State Bank of Patiala, Regional Office-Lucknow, 21, Vidhan Sabha Marg, Lucknow-226001 (U.P).
The DGM/FAA, State Bank of Patiala, Regional Office-I(L), 4th Floor, PCF Building, Station Road, Lucknow-226001 (U.P) CIC/MP/A/2015/000431 3