Central Information Commission
Mr. Krishna Kumar Agrawal vs Bank Of India, on 16 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SM/A/2011/000392/SG/14089
Appeal No. CIC/SM/A/2011/000392/SG
Relevant facts emerging from the Appeal:
Appellant : Mr. Krishna Kumar Agrawal,
RSB Compound, New Sarkanda,
Main Road, Bilaspur.
Respondent : Mr. R. K. Verma
CPIO & Deputy Zonal Manager,
Bank of India,
1st Floor, G.D. Shesh Nilayam,
Tatiya Para, Raipur.
RTI application filed on : 01/10/2010
Reply of PIO : 23/10/2010
First Appeal filed on : 04/11/2010
Order of the FAA on : 06/12/2010
Second Appeal received on : 19/11/2010
Sl. Information Sought Reply of the PIO
1. Provide complete record, approvals and permission with all related documents to No reply.
begin the action and appointment of Authorized Officer to act the SARFASIS Act
Notice under Section 13 (2) and (4) for the account nos. 947030130340003,
947025170230038 and 94706210000001 with details.
2. Provide complete record, details of Property Mortgaged by Krishna Kumar Information
Agrawal and Sh. Pawan Kumar Agrawal, in respect with each of the facility/ loan provided below.
sanction in his favour or any part of with their Rin Puslika, Revenue B-I and P-II
reports, Search Report, Valuation Reports, Mortgage Deed, TDR/FDR details and
other documents related with the same.
3. Provide complete record, if any, of the mortgaged property re-valued by the Penal Information
Valuer of the Bank or any other Valuer, after sanction of loans account nos. provided below.
947030130340003, 947025170230038 and 94706210000001. If the Bank does not
re-value the mortgaged properties and is having the record of report of the
valuations. Please specify in written statement clearly and supply the same.
4. Provide complete record, approvals and permissions by the Bank to appoint Information sought
authorized officer with their name and address of the officer to process the auction is of the nature of
of property under Section13 (2) and (4) of SARFASIS Act along with Section 9 of commercial
Security Interest (Enforcement) for getting the valuation of property by the confidence and
approved valuer of the Bank for concluding the auction and declaring the upset exempted under
prices of the mortgaged properties related to the account nos. 947030130340003, Section 8 (d) for
947025170230038 and 94706210000001. disclosure.
5. Provide complete information, the name and address of the approved valuer with Information sought
their license copy and other certificates, who submitted the valuation report of is of the nature of
properties to authorized officer with the consent letter for declaring and submitting commercial
the upset prices of the mortgaged properties for the said loan account nos. confidence and
947030130340003, 947025170230038 and 94706210000001. exempted under
Section 8 (d) for
disclosure.
Information for Query nos. 2 and 3:
Details of Properties mortgaged and their valuation:
Page 1 of 2
a) A/C No. 947030130340003 M/s Samridhi Consrtuction
S. No. Name of the property owner Details of the property Valuation
st
1. Mr. Pawan Kumar Agrawal Land and Building situated at 1 Rs. 2.80 Lac as of 04.05.05.
PH No. 20 Kh No. 704/1. 2nd Rs. 4.35 Lac as on 17.08.06.
708/1. 709/2. 710 & 711/3 3rd Rs. 3.79 Lac as on 01.07.09,
Total Arca. 2.14 Sarkanda,
Bilaspur.
2. Mr. K.K. Agrawal Land & Building situated at 1st Rs. 75.86 Lac as on 14.03.05
plot no. 206/2 Khasra No. 2nd Rs. 84.45 Lac as on _____
704/6 and 708/8 at Sarkanda,
Bilaspur.
b) A/C no. 947025170230038 Krishna Kumar Agrawal: property of Mr. Pawan Kumar Agrawal.
Details are same as mentioned above against S. No. 1.
c) A/C No. 947062610000001 Mortgage Loan Krishna Kumar Agrawal.
S. Name of the Property Details of the Property Valuation
No. Owner
1. Mr.Pawan Kumar Agrawal Diverted plot area 5.09 acre Rs. 15.27 Lacs of 01.07.2009.
situated at Khasra No. 49.50/1
mouza birkona P-II No. 17,
Bilaspur.
Grounds for the First Appeal:
Unsatisfactory reply of the PIO.
Order of the First Appellate Authority (FAA):
The remaining information point wise is mentioned below:
1. If a loan account turned to NPA, the SARFAESI action can be initiated. Hence, no special approval is
necessary and the officer of Chief Manager Rank can act as Authorized Officer.
2. Copies of the Valuation reports with the name and address of the valuer is enclosed.
3. Certificate issued by Chief Commissioner of Income Tax and the copy of the Degree is enclosed.
Since all the information has been provided, the appeal is disposed off.
Ground of the Second Appeal:
Unsatisfactory reply of the PIO to the Appellant. Also, the FAA disposed of the appeal despite unsatisfactory
reply.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. N. R. S. Prabhakar, Sr. Manager on behalf of Mr. R. K. Verma, CPIO & Deputy
General Manager on telephone no. 0771-242790;
The respondent points out that the FAA has provided the information with respect to query-1, 4
& 5. Thus it appears that all the information available no the records has been provided.
Decision:
The Appeal is disposed.
The information available on the records appears to have been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
16 August 2011
(In any correspondence on this decision, mention the complete decision number.) (kh)
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