Central Information Commission
File No.CIC/SM/A/2009/000982 dated 12102008
Right to Information Act2005Under Section (19)
Dated: 6 May 2010
Name of the Appellant : Shri Dudh Nath Ram
S/o Shri Dwarika Ram,
Vill & Post - Ranipur,
Distt - Mau, UP - 276 402.
Name of the Public Authority : CPIO, State Bank of India,
Local Head Office,
Moti Mahal Marg,
Lucknow.
The Appellant was present along with Shri Kundan.
On behalf of the Respondent, the following were present:
(i) Shri S. K. Asthana,
(ii) Shri A.C. Aggarwal,
(iii) Shri Varun K Kumar
2. In this case, the Appellant had, in his application dated 12 October 2008,
requested the CPIO for a number of information regarding the wrongful
withdrawal of money from his Saving account. In his reply dated 29 November
2008, the CPIO offered some clarification against some of the queries while
also observing that some other queries did not amount to information at all. Not
satisfied with the reply of the CPIO, the Appellant preferred an appeal on 1
December 2008. The Appellate Authority disposed of the appeal in his order
CIC/SM/A/2009/000982
dated 7 January 2009 in which he endorsed the reply of the CPIO. It is this
order which the Appellant has challenged in his second appeal.
3. We heard this case through videoconferencing. The Appellant was
present in the Mau studio of the NIC whereas the Respondents were present in
the Mumbai studio. We heard their submissions. The facts of the case relate to
the alleged fraudulent withdrawal of money from the account of the Appellant. It
appears the Bank have already reported the matter to the police and it is being
investigated. The Respondents submitted during the hearing that no
responsibility has however been fixed within the Bank so far on any individual
officer of employee for this act of fraud, and therefore, they are not in a position
to indicate the name of any particular officer or employee who might be
responsible for this.
4. The Appellant was specially exercised over the fact that in spite of the
Bank admitting that a fraud had been committed on his account, it did not make
good his loss. Besides, he also complained that the Bank had tried to implicate
him in some case and that his life was under threat. The Respondents on the
other hand submitted that such allegations were baseless and had no merit and
the Bank had done nothing of the kind. The dispute between the customer and
the Bank is something which cannot be resolved by us under the Right to
Information (RTI) Act. However, if the Bank has admitted that a fraud had
occurred and money was wrongly withdrawn, it might consider compensating
the customer without waiting for the final results of the police investigation
which, by its very nature, could be indefinitely long involving possible
prosecution in courts of law.
CIC/SM/A/2009/000982
5. As far as providing the information is concerned, we do not find if there is
anything more the CPIO can provide since most of the queries of the Appellant
are in the nature of comments on the functioning of the Bank rather than
seeking any information within the meaning of Section 2(f) of the Right to
Information (RTI) Act. The only information which could be provided is
regarding the complaints received about this Branch during the last 10 years.
The Respondents submitted that collecting the information regarding the
complaints for a period of 10 years would be a very voluminous and time
consuming task which would disproportionately divert the resources of the
Bank. Therefore, keeping this submission in mind, we direct the CPIO to
provide to the Appellant within 10 working days from receipt of this order, the
photocopy of relevant pages of the complaint register of the Branch for a period
of two years preceding the date of application.
6. With the above direction, the appeal is disposed off.
7. 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/2009/000982