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4.Whether NBFC has the right to take legal action against the complainant without informing the RBI with out evidence or facts and not to inform RBI as per guideline regarding IT DATA theft whether RBI considers It correct if yes then why and if not in this regard when the NBFC has taken legal action and filed civil suit for IT DATA theft against the complainant Ashish Jain, does the RBI agree with the action of the NBFC.
Please find enclosement and share complete information."

The CPIO furnished a pointwise reply to the appellant on 27.06.2022 stating as under:

2.Why did not RBI Examine Cyber Security incident which is constantly being alleged by HDB Financial Services Ltd that 11 mails which contains huge company DATA Theft over me and refer RTI reply no information has been reported to RBI by NBFC HDB finance. What was main root cause reason to not examine this issue by RBI once complainant sending emails to RBI in this regard.
3.Whether any action is pending at the level of Department of Supervision if yes or not. Please share information.
4.Whether NBFC has the right to take legal action against the complainant without informing the RBI with out evidence or facts and not to inform RBI as per guideline regarding IT DATA theft whether RBI considers It correct if yes then why and if not in this regard when the NBFC has taken legal action and filed civil suit for IT DATA theft against the complainant Ashish Jain, does the RBI agree with the action of the NBFC. Please find enclosement and share complete information."

CIC/RBIND/A/2022/645325 Information sought:

The Appellant filed an RTI application dated 29.07.2022 seeking the following information:
"1.Whether RBI has called to NBFC that Which kind of IT DATA theft or transferred by Mr.Ashish Jain as per NBFC allegation i.e Nature of Data, Date and email return receipts. Because RBI CPIO has declared in RTI no. RBIND/R/T/22/00495 that the conclusion of the examination of the complaint received by SSM Section has been shared with the applicant vide letter CO DOS /SED No.S403816-01-137-2021 2022- Dated 23-march22because received complaint of Mr. Ashish Jain cleared mentioned IT DATA Transferred evidence. If RBI has arranged to applicant then Please share information with document.
The Respondent further apprised the Commission that the matter of the Appellant is related to HDB Financial Services Ltd. and it is the dispute between the employer and the employee. A civil suit in this regard is also pending before the Court for adjudication. On a query from the Commission, the Respondent submitted that they have furnished their latest written submissions along with the annexures with the Appellant in all the above mentioned appeals.
Decision:
The Commission based on a perusal of the facts on record finds that the dissatisfaction of the Appellant with the replies provided by the CPIO is bereft of merit as the RTI Applications merely seeks for clarifications and answers to interrogative queries viz. "Why RBI was not examined this matter of IT DATA Theft at that time means since Dec-21 to March-22 once complainant regular approached through chains of Email to RBI to examine this matter. Once RBI has confirmed that NBFC has no reported any such incident to RBI in RTI reply if the IT DATA Theft is not reported to RBI by NBFC can it be assumed that it is an act of wrong fales and willful act by NBFC which is totally wrong whether RBI believes it to be correct if yes so does RBI propose to impose penalty and other restrictions on the NBFC and at the same time direct the NBFC to pay compensation to the complainant due to which the complainants goodwill has been spoiled; Whether it is RBI process that without provide any facts (either related to customer information or company related DATA ) NBFC can imposed IT DATA theft allegations as per Cyber Security Guideline of RBI. does NBFC having any rights to take action legally without follow RBI guideline. What is RBI Guideline in this matter. Please share information", etc. It appears that the Appellant is harbouring a grievance and is not seeking access to information as envisaged under the RTI Act. Despite this, the CPIO provided the response to the Appellant on each of his RTI application as mentioned above; in the spirit of RTI Act.