Central Information Commission
Mr.Ramesh Gupta vs Oriental Bank Of Commerce on 10 January, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002973/16748
Appeal No. CIC/SG/A/2011/002973
Relevant Facts emerging from the Appeal
Appellant : Mr. Ramesh Gupta,
Gupta Steel Furninture,
Near Devi Lal Chowk,
Railway Road, Ganaur
Sonipat, Haryana
Respondent : Mr. Y. P. Sardana
Public Information Officer & Chief Manager Oriental Bank of Commerce Regional Office: Rohtak 97, Sonepat Road, Rohtak, Haryana RTI application filed on : 09/04/2011 PIO replied : 13/04/2011 First appeal filed on : 01/06/2011 First Appellate Authority order : 04/07/2011 Second Appeal received on : 24/10/2011 SL. Information Sought Reply of the PIO
1. Name of the branch incumbents as manager and loan officer Reply enclosed.
of the branch Ganaur in the year 2007 and in subsequent proceeding years with details of their current posting with designation and branch name.
2. Name and addresss of the branch auditors/inspectors who Mr. S.C.Jain, Chief Manager inspected the were authorisied to inspect the branch Ganaur in the year branch in the year 2009 & his present official 2009 address is:
Oriental Bank Of Commerce Regional Inspectorate 232, Model Town, Rohtak.
3. In regard to above mentioned acconts, provide the detailed Reply enclosed.
report of auditors/inspectors with supporting documents regarding objections/irregularities (if any) in above mentioned a/c's, basis of charges levied (Process charges, extra ordinary interest rates, Inspection charges, Renewal process charges, Incidental charges and service tax thereon). Kindly explain with copy of guidelines.
4. Provide the certified copies of all documents and agreements Certified photostat copies of the documents and which were executed between bank and us. agreements executed between Bank and the firm is enclosed.
5. Provide the certified copy of our conveyance deed and sale Certified photostat copies of conveyance deed deed of commercial and residential properties. and sale deed of commercial and residential properties submitted as collateral security is enclosed.
6. Provide the details of sanctioned term loan a/c that is Details of sanctioned term loan is as under:
Page 1 of 3a. Name of scheme a. Name of scheme -- Loan to SSI b. Pupose of scheme b. Purpose of scheme -- Finance to SSI Unit for c. Eligibility set up or increase the business d. Repayment period c. Eligibility -- as per project report submitted e. Instalment amount (EMI) by the borrower & Processing by the branch f. Basis of interest rate charged d. Repayment Period --84 months g. Interest rates with effective time period e. Installment Amount (EMI)-- Rs.15000!- p.m. h. Account address of term loan account with f. Basis of Interest Rate charged -- as per supportive document. sanction letter dated 14.06.2007 g. Interest Rate with effective time period -- copy enclosed Account address of term loan account -- 1. Near -- Namaste Chowk, Railway Road, Ganaur And Plot No. --445, HSIIDC, Barhi, Tehsil -- Ganaur
7. Provide the details of securities mortgage as collateral under (1) Mortgage of Commercial-cum-residential above mentioned accounts if any, provide the agreement property at Railway Road, copy and other related documents in support of mortgage. Ganaur standing in the of Mr. Ramesh Kumar measuring 133.33 Sq. Yds.
(2) Mortgage of Plot No. 445, HSIDC Barhi after the creation of Conveyance Deed along with proposed construction of building thereon.
All copy of documents is provided under column no. 4.
8. Provide the detail explanation on the direction for submission Explanation is not information.
of mortgage to permission after mortgage for the property given as security created, was adequate, at the time of disbursement of term loan in the year 2007 which was sanctioned on submission of the requisite loan documents and up to the satisfaction of bank official at the time of loan application. No objection/notice was raised in this regard by bank officials during the term period from 2007 to 2009.
9. Explain the reason for harassment given by bank official As informed by the branch and on perusal of through demand of outstanding amount without reason which statement of account, it was observed that the is not according to promising sanctioned scheme. borrower failed to maintain financial discipline and the conduct and operation of the account was not satisfactory. It is violation of rules laid down by bank/RBI and the contractual obligations. Following the prudential guidelines laid down by RBI the account was classified as "NPA" and the same was recalled.
10. Kindly explain. Is it possible by bank/branch officials to Explanation is not information. Loan was sanctioned term loan without following sanction term and sanctioned on the basis of applicant's specific completion of requisite loan documents? Provide the basis of request and application for the sanction of said sanction and disbursement of term loan to us. facilities as per demand. 11 Kindly provide the action taken report on our grievances The certified true copy of the sanction letter dated 14.3.2011 through Fax to Regional office , Rohtak signed by the borrower/guarantor in the regarding provided documents are fabricated documents. presence of authorized officials of the bank is Provide the satisfactory reply in this regard with the copy of enclosed. As such no action was required. action taken report and copy of reply submitted by concern/erring officer (if any).
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
FAA is satisfied with the PIO order.Page 2 of 3
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ramesh Gupta on video conference from NIC-Sonipat Studio; Respondent: Mr. Y. P. Sardana, Public Information Officer & Chief Manager on video conference from NIC-Rohtak Studio;
The PIO has provided certain information but is now directed to provide the following information to the Appellant:
1- Query-3: Guidelines based on which process charges, interest charges, inspection charger and renewal process charges are levied.
2- Query-4: Copies of the loan application of the Appellant and the security cheque no. 468351 to
60.
3- Query-6: Interest rates applicable from 2007 onwards for the units. 4- Query-11: The PIO will provide the action taken on the complaint filed by the Appellant about forge signatures. If no action has been taken this should be stated.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as mentioned above to the Appellant before 30 January 2012.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 10 January 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 3 of 3