Central Information Commission
File No.CIC/SM/A/2009/001390 dated 25032009
Right to Information Act2005Under Section (19)
Dated: 21 June 2010
Name of the Appellant : Shri Devki Nandan Purohit
R/o. House No. 2533,
Jai Lal Munshi Ka Rasta, Chotha
Choraha, Kan Mhajan Ka Bad,
Chandpole Bazar, Jaipur.
Name of the Public Authority : CPIO, Indian Overseas Bank,
Regional Bank, D23A,
Prithviraj Road, C - Scheme,
Jaipur - 302 005.
The Appellant was present in person.
On behalf of the Respondent, the following were present:
(i) Shri Gupta,
(ii) Shri Durgesh Rangia,
(iii) Shri A.K. Mohanty
2. In this case, the Appellant had, in his application dated 25 March 2009,
requested the CPIO for the certified copies of the mortgaged documents
relating to the NPA account of M/s Vivek Harsh International. In his reply dated
21 April 2009, the CPIO denied the information on the ground that it related to a
matter subjudice and thus could not be furnished. Against the reply of the
CPIO, the Appellant preferred an appeal on 24 April 2009. In his order dated 23
CIC/SM/A/2009/001390
May 2009, the Appellate Authority endorsed the stand of the CPIO. It is against
this order that the Appellant has come before the CIC in a second appeal.
3. We heard this case through videoconferencing. The Appellant was
present in the Jaipur studio of the NIC. The Respondents were present both in
the Jaipur and the Chennai studios. We heard their submissions. Clearly, there
is a dispute of ownership in respect of the property mortgaged by the borrower
for availing of a loan and the present Appellant claims part ownership of the
said property. In normal circumstances, the account details of a third party
customer cannot be disclosed being held as commercial confidence; however,
in the special circumstances of this case in which the Appellant has also staked
claim to part of the said property and has produced documents in support, the
relevant information cannot be denied to him. In fact, if the bank goes ahead to
recover the loan dues by auctioning the property, the Appellant might lose his
share of the property.
4. Therefore, we direct the CPIO to provide to the Appellant within 10
working days from the receipt of this order a photocopy of the title deed of the
property number 2533 along with the site map and the valuation report.
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
CIC/SM/A/2009/001390
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/2009/001390