Central Information Commission
File No.CIC/SM/A/2009/001937
Right to Information Act2005Under Section (19)
Dated: 3 September 2010
Name of the Appellant : Shri Suraj Prakash
D181, Defence Colony,
New Delhi - 110 024.
Name of the Public Authority : CPIO, Canara Bank,
Circle Office Delhi,
7th Floor, Ansal Tower, 38,
Nehru Place, New Delhi - 19.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri C.G.Nair, CPIO,
(ii) Shri Prabhat Rajvanshi, Manager
2. Both the parties were present during the hearing and made their
submissions. The Appellant had wanted a copy of the due diligence report on a
specific property which had been mortgaged to the bank in a particular loan
case and which property the bank had since taken possession of for non
payment of the loan and had proposed to sale by auction. The CPIO had
denied the information claiming exemption under Section 8(1) (e) and (j) of the
Right to Information (RTI) Act. The Appellate Authority had endorsed the
decision of the CPIO.
CIC/SM/A/2009/001937
3. After hearing both the parties and after carefully considering the facts of
the case, we do not find any merit in the decision of the CPIO nor that of the
Appellate Authority. The due diligence report for a property the possession of
which has already been taken over by the bank for nonpayment of the loan
and put on auction, cannot be any longer denied as personal information or as
an information held in commercial confidence. On the contrary, the bank must
place the due diligence report in the public domain so that the intending bidders
satisfy themselves about the status of the property before participating on the
auction.
4. In the light of the above, we direct the CPIO to provide to the Appellant
within 10 working days from the receipt of this order a photocopy of the due
diligence report for this particular property.
5. With the above direction, the appeal is disposed off.
6. 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/2009/001937