Brahm Dutt vs Bank Of India on 25 April, 2023

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Central Information Commission

Brahm Dutt vs Bank Of India on 25 April, 2023

1. The issue under consideration arising out of the second appeal dated 07.10.2020 include non-receipt of the following information sought by the appellant through the RTI application dated 17.07.2020 and first appeal dated 31.08.2020:-

Applicant is having saving bank account bearing no. *****0569 in the name of Brahm Dutt & another Saving bank account no. ******1903 in the joint name as Manju Devi and Brahm Dutt in bank of India, Branch at NIT, Dharamshala, Faridabad.

(i) Provide copy of bank opening form with all the ID proof & documents of the applicant submitted with the bank in above said saving bank accounts.

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(ii) Provide copy of letters issued to applicant for completion of KYC in the above said SB Accounts since the opening of above said bank accounts till date.

(iii) Provide copy of all the documents submitted by the applicant to the bank to complete the KYC in the above said SB accounts.

(iv) Provide bank details policy to seek KYC to its customers & its limitation, once a customer submitted all the required documents to the bank in concerning KYC, then when (limitation of time) the bank can again demand the documents for KYC, also provide RBI rules and guidelines in this regard.

(v) Provide copy of letter(s) issued by the bank to the applicant informing the starting of SMS facility on chargeable basis for the above said SB Accounts.

(vi) Provide copy of any request letter submitted by the applicant to the bank for availing/starting SMS facility for the above said SB Accounts.

(vii) Provide details information for SMS facility provided free of cost by the bank to its SB Account holders by this branch of the bank; also provide name, account no. & mobile number of customers

(viii) Provide details information for SMS facility to the extent to be provided manadatorily to its customers/specific transactions made in terms of guideline of RBI.

(ix) Provide complete details of all the customers as name, account no. & mobile number of the customers of this branch whose SB account has been debited on account of SMS charges without taking any consent from the respective customers.

(x) Provide details of income received by this branch on account of sms charges from the SB account holders for last five years (provide the details financial year wise) Page 2 of 6

(xi) Provide details of expenditure made by this branch on account of sms facility provided to its customers for last five years (provide the details financial year wise).

(xii) Provide the name of the services provider of the sms facility to be provided to its customers by the bank, provide copy of financial bid and copy of technical bid of the same.

(xiii) Provide all dates for pass book printer machine installed at outside the branch from the date of its installation to till date was doing on disorder or not working, provide copy of letters issued by the branch office of bank to lodge complaint to its maintenance company, and date of visits by the maintenance company to do maintenance of the machine for working in good condition.

(xiv) Provide all dates for pass book printer from the date of its installation to till date was going on disorder or not working; provide copy of letters issued by the branch office of bank to ledge complaint to its maintenance company, and date of visits by the maintenance company to do maintenance of the pass book printer for working in good condition.

(xv) Provide cost of pass book printer & pass book printer machine and details of expenses for maintenance one time or AMC whatever from its installation to till date separately.

(xvi) Provide details of banking hours in terms of RBI guidelines issued, also state banking in lunch hours by the customers, bank closed its gate in lunch hours or lunch is required by rotation, provide all information to the effect. (xvii) Provide details of printed letters/advice/ performa with multiple option in usual banking transaction/ communication to the bank are mandatory by the bank policy or RBI guidelines, state bank refuse or accept any typed or hand written request for cheque book, letter to update KYC to submit adhar card, pan card, request for ATM card etc. Page 3 of 6

2. Succinctly facts of the case are that the appellant filed an application dated 17.07.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Chandigarh, seeking aforesaid information. The CPIO vide letter dated 14.08.2020 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 31.08.2020. The First Appellate Authority (FAA) vide order dated 24.09.2020 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 07.10.2020 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 07.10.2020 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 14.08.2020 and the same is reproduced as under:-

i) "With request to point nos. (i) (ii) and (iii) certified copy of account opening form of a/c no. ******0569 and certified copy of signature card of a/c no.

******1903 are enclosed. Other documents sought by you are not presently traceable. We advise you to visit the branch along with your KYC documents, recent 3 colored photograph to fill up current account opening forms, specimen card etc. so as to enable the branch to continue to provide you banking services.

ii) KYC policy and its limitation are already in public domain, available on RBI website as well as on our bank's website.

iii) With respect to point no. (v) and (vi) certified copy of branch letter no.

FBD.ADMN:07:07.2020 dated 07.07.2020 is enclosed.

iv) With respect to point no. (vii) & (viii) sms facility is mandatory as per RBI guidelines. It is available on RBI website, other information sought falls Page 4 of 6 within the exempted category under section 8 (1) (e) of the RTI Act, hence cannot be furnished.

v) with respect to point nos ix, x, xi and xii, information sought fails within the exempted category under section 8 (1) (e ) of the RTI Act, hence cannot be furnished.

vi) With respect to point no. xiii, xiv and xv, no such information, as sought by you is maintained by the branch.

xvi) Banking hours is displayed at the entry gate of the branch.

xvii) The information sought is vague and ambiguous, hence cannot be furnished."

The FAA vide order dated 24.09.2020 agreed to the reply given by the CPIO.

5. The appellant as well as respondent remained absent despite notice.

6. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observed that the appellant vide letter dated 10.01.2023 communicated the Registry of this Bench that he had received satisfactory information and expressed his willingness to withdraw his second appeal. That being so, there appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed as withdrawn.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुसुरेशचं ा) ा सूचनाआयु ) Information Commissioner (सू दनांक/Date: 24.04.2023 Authenticated true copy R. Sitarama Murthy (आर. सीताराममूत ) Dy. Registrar (उपपंजीयक) 011-26181927(०११-२६१८१९२७) Page 5 of 6 Addresses of the parties:

The CPIO Bank Of India, S.C.O.181-182, Sector 17-C, P.B.No.6, Chandigarh 160 017 First Appellate Authority Bank Of India, S.C.O.181-182, Sector 17-C, P.B.No.6, Chandigarh 160017 Shri Brahm Dutt Page 6 of 6

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