Document Fragment View

Matching Fragments

The Appellant had filed an application seeking information relating to the Loan Account of the Central Govt. Services Co-op Land & G/H Society Ltd. The information required with the reply of PIO is as under: 

S.No.          Information Sought                               PIO's Reply
 1.     Loan Details (Each Installment).        The PIO had replied that the information
        Date Loan released, Amount, Date        sought by the Appellant under pars a, b, e, f
        Loan disbursed by DCHFC to              & g cannot be provided as the same pertains
        Society, Amount, Rate of Interest,      to the loan account of the society and as such
        Date Interest to be charged from.       the same cannot be divulged to any other
        In Case There Was No Default.           person except the loanee society in-terms of
        Date When Loan Would Have               the provision contained under Section 8(1) (e)
        Liquidated, Interest the would have     of the RTI Act, the information is held in the
        been paid.                              fiduciary relationship and as well as in the
        Total Amount that would have been       commercial confidence.
        paid.
 2.     Total Number of interest/penal          As above.
        interest /charged/paid till Sep. 2003
        and till date i.e. Sep 2008.
 3.     Date on which Loan taken from LIC       In respect of Para c of the application, this
        for the Society was liquidated.         information pertains to loan arrangement
                                                between LIC and DCHFC, which is also
                                               under fiduciary relationship and of
                                              commercial confidence and as such is
                                              exempted from disclosure of information
                                              under Section 8(1) (d) & (e) of the RTI Act.

4. Year wise Book Value of DCHFC Shares of the DCHFC are not listed shares shares starring from 1986 till last and value of each share is at per i.e. Rs. 500/- AGM of DCHFC. per share and these shares are neither transferable nor negotiable.

5. Quarterly build up of accepted As in Para 1 above.

excess payment made by the Society/member vide DCHFC Letter No. 20(298)99.2000/DCHFC 5084 dated 18th June, 1999, its adjustment/appropriation.

DCHFC took loan from Life Insurance Corporation of India (LIC) to finance its member societies by entering into loan agreement and mortgage deed. Therefore, there exists fiduciary relationship between LIC and DCHFC and between DCHFC and loanee society.
Central Information Commission (CIC) in Appeal No. 41/ICPB/2006 dated 30062006 in respect of Maj. J.S. Kohli - VS-Telecom Regulatory Authority of India, in which information of the details of the borrower and loans being in the nature of commercial confidence and the information available in its fiduciary relationship, disclosure of the said information was denied and accordingly appeal dismissed by the Hon'ble CIC.
With regard Paras 7 & 8, it is submitted that the Appellant has sought the information in respect of the transactions between the DCHFC the said society, and between DCHFC and LIC, from where the DCHFC borrowed the funds. All these transactions are entered into commercial confidence and there exists fiduciary relationship between LIC and DCHFC, between DCHFC and said society. The Appellant can not force the public authority to divulge the information which has been held in the fiduciary relationship and which directly affects their commercial interest.