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Decision No. CIC/SM/A/2010/001265/SG/14255
Appeal No. CIC/SM/A/2010/001265/SG
Relevant Facts
Emerging from the Appeal:
Appellant : Mr. Charudatta Khona
7th floor, Dani Corporate Bank
158, CST Road
Santa Cruz (E), Kalina
Mumbai- 400098
Respondent : Mr. K. M. Pradhan
CPIO & GM
IDBI Bank Ltd.
Registered Office, IDBI Tower
WTC Complex
Cuffe Parade, Mumbai- 400 005
RTI Application filed on : 10/02/2010
PIO Replied on : 26/02/2010, 19/05/2010
First Appeal filed on : 08/04/2010, 22/06/2010
Order of the FAA : 06/05/2010, 20/07/2010
Second Appeal filed on : 13/09/2010
Information Sought
The Appellant has asked to provide the details of all the assignments/ transfer/ sale of debt made by
IDBI Bank Ltd., in whatsoever nature or manner, to any entity whereby IDBI Bank Ltd., has
sold/assigned transferred its right in any loan/debt/asset to such entity. The details required are for the
period 2000 to 2010 as under:-
(i) Date of such agreement
(ii) Name of the Purchaser/other party.
(iii) Name of the borrower whose loan/debt/ was assigned/transferred/sold.
(iv)Amount of outstanding as on date of assignment
(v) Details of underlying security.
(vi)Amount of consideration for which such sale/transfer/assignment was done.
(vii) Relevant law/provision/circular pursuant to which assignment/sale/transfer was done.
(viii) Place of execution of such agreement.
(ix)What was the amount of stamps affixed on the said agreement?
(x) When and where was the said agreement registered?
Also, details of all agreements to assign/transfer/sell made by the IDBI Bank Ltd, in whatsoever nature
or manner to any entity whereby IDBI Bank Ltd, has agreed to sell/transfer/assign its rights in any
loan/debt/asset to such entity on a future date. Details required are as follows:-
(i) Date of such agreement
(ii) Name of the proposed assignee/purchaser/other party.
(iii) Name of the borrower whose loan/debt was agreed to be assigned/transferred/sold.
(iv)Amount of outstanding as on date of assignment.
(v) Details of the underlying security.
(vi)Amount of consideration for which such agreement to assign/sale/transfer was done.
(vii) Relevant law provision/notification/circular pursuant to which sale/transfer/assignment was
done.
(viii) How much percentage of the sale consideration was received on the execution of the
agreement to assign/sale/transfer/MOU by IDBI Bank Ltd.
(ix)Was the said agreement done at the request of the borrower or was a unilateral decision by
IDBI Bank Ltd.?
(x) Place of execution of such agreement.
(xi)What was the amount of stamps affixed on the said agreement?
(xii) When and where was the said agreement registered?
PIO’s Reply
The information sought by the appellant relates to the customers of the IDBI Bank and hence is
confidential in nature and held in fiduciary relationship. The said information is thus exempted under
section 8 (1) (d) & (e) of the RTI Act 2005 and cannot be disclosed.
Grounds of First Appeal
The Appellant states that the application has been wrongly dismissed without any reasoned order and
the information sought has been concealed by invoking section 8 of the RTI Act, 2005 with a biased
view. Also, the Appellant states that the reasons given for not providing information are not justified
and tenable in law.
Order of the First Appellate Authority
The decision of the CPIO was upheld.
Grounds of Second Appeal
Information sought has not been provided.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. K. M. Pradhan, CPIO & GM;
The Appellant has sought the copies of the assignment deeds made by IDBI from 2000 to
2010. The respondent has refused to give the information claiming exemption under Section 8(1)(d) of
the RTI Act. The PIO contends that the deed of assignment discloses the amount at which a particular
debt is sold and assigned to a third party. If this information is disclosed it would affect the rights of
the third parties. The PIO points out that the assignees would often send these assignments further to
other people or try and recover the debt from the borrower. In either case if the amount at which the
assignee has purchased the debt is disclosed it would affect the commercial interests of the third party
which is the assignee. Section 8(1)(d) of the RTI Act exempts, “information including commercial
confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive
position of a third party, unless the competent authority is satisfied that larger public interest
warrants the disclosure of such information;”. In the instant case the PIO has shown that disclosure
of this information would affect the commercial confidence of the third party,- the assignee,- leading
to harm the competitive position of such party. The Commission upholds the decision of the PIO.
Decision:
The Appeal is disposed.
The information sought is exempt under Section 8(1)(d) of the RTI Act.
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
25 August 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)