Central Information Commission
File No.CIC/SM/A/2010/000909
Right to Information Act2005Under Section (19)
Dated: 24 September 2010
Name of the Appellant : Shri Aseem Takyar
S/o. Late Shri R.C. Takyar,
Plot No. 144, Phase - 1,
Udyog Vihar, Gurgaon.
Name of the Public Authority : CPIO, Reserve Bank of India,
Department of Personnel Management,
Central Office,
Amar Building, P.M. Marg,
Mumbai 400 001.
The Appellant was present in person.
On behalf of the Respondent, Shri Krishan Gopal, CPIO, Mumbai, was
present.
2. The Appellant was present in our chamber during the hearing of the
case. The Respondents were present in the Mumbai studio of the NIC. We
heard their submissions. The Appellant had wanted to know if the Banking
Ombudsman while passing his order dated 9 October 2009 was aware of the
fact that his consumer complaint was only concerning his savings bank account
and not regarding his credit card. The CPIO, while providing the
information/clarification against some of the queries, held that the Appellant had
sought their opinion on the order of the Banking Ombudsman rather than
seeking any information within the meaning of Section 2(f) of the Right to
CIC/SM/A/2010/000909
Information (RTI) Act. The Appellant submitted that the factual basis of the
order of the Banking Ombudsman was totally wrong since he had never
approached the District Consumer Redressal Forum in the matter of his credit
card, the basis on which the Banking Ombudsman closed the case.
3. We carefully considered the submissions made by both the parties. If the
Appellant feels that the order of the Banking Ombudsman was not based on
facts, under the Banking Ombudsman scheme, he is free to go against it in
appeal and can challenge this order. In fact, he has now the official reply of the
CPIO to support his claims. The CPIO cannot be expected to provide
justification or otherwise for the conclusions of the Banking Ombudsman,
especially when this order has been passed in a quasijudicial capacity.
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/2010/000909