Central Information Commission
File No.CIC/SM/A/2009/001619 dated 31052009
Right to Information Act2005Under Section (19)
Dated: 19 July 2010
Name of the Appellant : Shri Bhagwan Sahai
1595, Sanjay Nagar,
Near Baba Ramdev Temple,
Jaipur - 302 021.
Name of the Public Authority : CPIO, Punjab National Bank,
Rajendra Bhawan, Rajendra Place,
Head Office, New Delhi.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri N.K. Adlakha, Chief Manager was
present.
2. In this case, the Appellant had, in his application dated 31 May 2009,
requested the CPIO to explain the procedure for selling or auctioning
mortgaged house property for recovery of loan. In his reply dated 22 June
2009, the CPIO explained that the procedures/rules followed in such cases
were the same as mentioned in the Civil Procedure Code and the SARFESI
Act. Not satisfied with this reply, he preferred an appeal on 7 July 2009. The
Appellate Authority disposed of the appeal in his order dated 8 August 2009 in
which he endorsed the order of the CPIO. Now, the Appellant has approached
the CIC in second appeal.
CIC/SM/A/2009/001619
3. We heard this case through videoconferencing. The Appellant was not
present in spite of notice. The Respondent was present in our chamber. We
heard his submissions. We find that the CPIO could have sent copies of the
relevant circulars/guidelines/instructions of the bank regarding the procedure to
be followed when a mortgaged house property for recovery of a housing loan
has to be sold/auctioned. Therefore, we direct the CPIO to forward to the
Appellant within 10 working days from the receipt of this order, the copy of any
circular/guideline/instruction which lays down the formalities and the procedures
to be adopted while selling/auctioning such a house property in the process of
recovery of housing loan.
4. The case is, thus, disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/001619