Central Information Commission
Mrnaren Pravin Sanghvi vs Allahabad Bank on 1 August, 2016
Central Information Commission, New Delhi
File No. CIC/SH/A/2015/001372
Right to Information Act2005Under Section (19)
Date of hearing : 1st August 2016
Date of decision : 1st August 2016
Name of the Appellant : Shri Naren Pravin Sanghvi,
153/8, Sunrays, Sion Circle,
Sion (East), Mumbai 22
Name of the Public : Central Public Information Officer,
Authority/Respondent Allahabad Bank,
Zonal Office: Mumbai, Manish Commercial
Centre, 216 A, Dr. Annie Besant Road,
Worli, Mumbai 400 025
RTI Application filed on : 04/02/2015
CPIO replied on : 05/03/2015
First Appeal filed on : 07/03/2015
First Appellate Authority order on : __
2nd Appeal received on : 11/05/2015
The Appellant was present at the NIC Studio, Mumbai.
On behalf of the Respondents, Shri Amar Kumar Gupta, Manager (Law) was
present at the NIC Studio, Mumbai.
Information Commissioner : Shri Sharat Sabharwal
File No. CIC/SH/A/2015/001372
Information sought
This matter concerns an RTI application filed by the Appellant, seeking information on six points regarding the status of and action taken on his letters dated 31.12.2014 and 15.1.2015 in respect of the fixed deposits of his deceased mother. The CPIO reply The CPIO replied that the bank had responded to the letters dated 31.12.2014 and 15.1.2015, mentioning the procedure of payment of FDRs without nomination facility, but the Appellant had not submitted the documents. Hence, the bank could not process the claim.
Grounds of the First Appeal No reply was received by him.
Order of the First Appellate Authority No order passed.
Grounds of the Second Appeal Complete information not provided.
Relevant facts emerging during the Hearing, Discussion and Decision The Appellant stated that after the passing away of his mother, he is her legal heir and the executor of her will. His mother had a saving account and 15 to 20 fixed deposit File No. CIC/SH/A/2015/001372 accounts with a branch of the Respondent Bank. She had told him in her lifetime that she had nominated him and other family members in the above accounts. However, the bank informed him that there is no nomination in the fixed deposit accounts. He wanted the bank to show him the nomination register and also disclose the forms based on which the fixed deposit accounts were opened. But, the bank has denied this information.
2. The Respondents stated that the mother of the Appellant passed away in 2014. The Appellant was the nominee in one of her two locker accounts and he has been allowed to operate the said locker. However, the deceased lady had made no nomination in the case of the fixed deposits. Her other legal heirs have objected to any information being provided to the Appellant and there appears to be a dispute amongst the legal heirs. Therefore, the information sought by the Appellant has not been provided. The Appellant claimed that the bank instigated his brother into raising some objections and he should have been provided the information sought by him.
3. We have considered the submissions of both the parties. The bank has informed the Appellant that no nomination exists in the fixed deposits of his late mother. In his reply dated 5.3.2015, the CPIO also stated that the Appellant had been explained the procedure for payment of fixed deposits without nomination. Under the above circumstances, we see File No. CIC/SH/A/2015/001372 no ground for disclosure of the information sought by the Appellant, more so because there appears to be a dispute amongst the legal heirs, as stated by the Respondents and acknowledged implicitly by the Appellant, when he stated that his brother was instigated into raising an objection.
4. With the above observations, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar File No. CIC/SH/A/2015/001372