{"id":178289,"date":"2011-08-16T00:00:00","date_gmt":"2011-08-15T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shri-p-d-swami-vs-bank-of-india-on-16-august-2011"},"modified":"2015-07-16T07:47:06","modified_gmt":"2015-07-16T02:17:06","slug":"shri-p-d-swami-vs-bank-of-india-on-16-august-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shri-p-d-swami-vs-bank-of-india-on-16-august-2011","title":{"rendered":"Shri.P D Swami vs Bank Of India on 16 August, 2011"},"content":{"rendered":"
Central Information Commission<\/div>\n
Shri.P D Swami vs Bank Of India on 16 August, 2011<\/div>\n
                         CENTRAL INFORMATION COMMISSION\n                             Club Building (Near Post Office)\n                           Old JNU Campus, New Delhi - 110067\n                                  Tel: +91-11-26161796\n                                                          Decision No. CIC\/SM\/A\/2011\/000030\/SG\/14081\n                                                                 Appeal No. CIC\/SM\/A\/2011\/000030\/SG\nRelevant facts emerging from the Appeal:\n\nAppellant                               :       Mr. P.D. Swami\n                                                319, Manav Apartments,\n                                                Plot No.3, Sector-9,\n                                                Rohini, Delhi- 110085\n\nRespondent                              :       Mr. Sulakhan Singh<\/pre>\n
                                                CPIO & DZM,
\n                                                Bank of India, Zonal Office,
\n                                                New Delhi Zone,
\n                                                Jeevan Bharti Building,
\n                                                Tower-1, Level-5, 124, Connaught Circus,
\n                                                New Delhi-110001<\/p>\n
RTI application filed on               :        20\/07\/2010
\nPIO replied on                          :       21\/08\/2010
\nFirst Appeal filed on                  :        06\/09\/2010
\nFirst Appellate Authority order on     :        no order passed
\nSecond Appeal received on              :        22\/12\/2010
\nSL.                     Information sought                                           Reply of PIO\n<\/p>\n
1.    Whether it is a fact that the Applicant vide his letter   It is difficult to confirm whether the applicant has
\n      dated 2707\/2006 had informed the Bank about the           visited the Branch or not as stated in your
\n      death of his mother Late Smt Gyarsi Devi on               application because so many customers visit our
\n      11.07.2006 operating her Locker No. 485, inter alia,      branch. However, we confirm that the death
\n      enclosing therewith a copy of the death certificate       certificate dated 19.7.2006 of late Smt. Gyarsi
\n      issued by the NDMC; seeking pendency of any               Devi is available on Branch Record.
\n      outstanding up-paid dues towards ‘locker charges’ and
\n      asking for the formalities to be observed by the legal
\n      heirs to get the same opened before surrendering the
\n      same?\n<\/p>\n
2.    Whether it is correct that when finding no response       No, it is not true. As and when the customers or
\n      from the Bank for almost two-and-a-half years. The        their legal heirs approach the Branch, the Branch
\n      Applicant had personally met the Chief Manager of the     Manager is prompt in providing the services.
\n      Bank somewhere in early, 2008, he was advised to          When the applicant contacted\/approached the
\n      prefer the requisite claim vide Appendix XX               branch, the then Chief Manager immediately
\n      (Paragraph 180.2(b)), a specimen whereof was also         advised the applicant the procedure to be followed
\n      given to him, which he did submit, duly completed and     and provided the applicant the requisite claim
\n      signed, vide his letter dated 15.12.2008?                 form for submission of his claim.\n<\/p>\n
3.    Whether it is again true that finding a studied silence   Yes, it is a part of the procedure and therefore the
\n      on the part of the Bank, the Applicant again met the      same was advised to the applicant.
\n      Chief Manager towards the fag end of December,
\n      2008, when he was advised to submit copies of (a)
\n      Identity Card issued by the Election Commission of
\n      India in favor of the Applicant; (b) PAN Card No.
\n      AHLPS 8539-E in favor of Sh. Mithiesh Sharma; (c)
\n      Identity Card issued by the Election Commission of
\n      India favoring Smt. Geeta Bhardwaj; (d) Identity Card
\n      issued by the Election Commission of India favoring
\n      Smt. Sita Sharma, and (e) Identity Card issued by the
\n      Election Commission of India favoring Smt. Urmila
\n      Sharma, which were tendered by the Applicant vide his
\n                                                                                                      Page 1 of 4<\/span>
\n      letter dated 05.02.2009, along with another copy of his
\n     mother’s death certificate?\n<\/p>\n
4.   Is it a fact that in keeping its reputation not to            It is totally denied that the Bank will not respond
\n     communicate with its client, including his\/her legal          to the customer’s requirements. However, it is
\n     heir(s), despite so much of writing, another                  confirmed that the applicant was advised to
\n     communication dated 17.12.2009 was meanwhile                  complete the required formalities before
\n     written to the Bank by the Applicant, which is reported       29.1.2010 and remain present on 29.1.2010 at the
\n     to have been received by the former on 21.12.2009,            time of drill opening the locker.
\n     and eventually, letter No. EOK\/Locker\/485-A. dated
\n     21.01.2010 emanated from that end informing the
\n     Applicant that M\/s Godrej would drill the locker on
\n     29.12.2010 — WRONGLY WENTIONED INSTEAD
\n     OF 29.01.2010 — at 10.30 am and & also advising him
\n     to complete the required formalities before the said
\n     date and remain present on 29.01 .2010?\n<\/p>\n
5.   Is it not a fact that the Applicant deposited the requisite   Yes, the requisite fee was deposited, the locker
\n     amount with the Bank for preparation of a duplicate           was broken open and an inventory was prepared
\n     key and resultantly, the locker was broken open on            on 29.01.2010 itself.
\n     29.01.2010? when, among others, the Chief Manager
\n     as also the Applicant were present and an inventory of
\n     the items kept in the locker was prepared?\n<\/p>\n
6.   Is it not true that the jewellery kept in Locker No. 485      Yes, the jewellery was weighed and valued in the
\n     was weighed and evaluated in the Chamber of the               branch.
\n     Chief Manager on 08.02.2010 by M\/S M.B. Jewellers,
\n     Jewellers & Commission Agents, 1234, Vaidwara,
\n     Maliwara, Delhi at an aggregate value of old gold and
\n     old silver ornaments at Rs. 3,90,600 as per copies
\n     thereof given to the Bank as also the Applicant?\n<\/p>\n
7.   Can it be denied that on being advised by the Bank to         Yes, the applicant had submitted the requisite
\n     submit two CBD — 23 Rev. 2006 forms, the Applicant            documents,
\n     submitted the same from the following vide his letter
\n     dated 12.03.2010?\n<\/p>\n
     (i) Shri K. G. S. Mani
\n     (with)\n<\/p>\n
     (a) Photo-copy of PAN No. AFXPS4234E.\n<\/p>\n
     (b)      Photo-copy       of   Driving     Licence     No.\n     P03032002308926.\n     (c) Photo-copy of Income Tax Return for the\n     Assessment year 2009 -- 10\n     -- Annual income was shown at Rs. 4--5 lac.\n     (ii) Smt. Kaushalya Bansal\n     (with)\n     (a) Photo-copy of Income Tax Return for the\n<\/pre>\n
     Assessment Year 2009-10 along with acknowledgment
\n     receipt dated 15.02.2010.\n<\/p>\n
     (b) Photo-copy of Property Tax Challan dated
\n     22.06.2009 issued by the MCD qua Property No. M\n<\/p>\n
     -138, Greater Kailash — II, New Delhi for the year
\n     2009-2010.\n<\/p>\n
     (c) Photo-copy of PAN No. AAIPB5789K.\n<\/p>\n
     (d) Photo-copy of Identity Card No. NEC1068113
\n     issued by the Election Commission of India.\n<\/p>\n
     (e) Photo-copy of Sale Deed dated 15.11.1977 for Rs.
\n     1,42000 towards consideration amount paid for a free-
\n     hold parcel of land admeasuring 400 square yards —
\n     present value whereof was shown as Rs. 8.00 crore.\n<\/p>\n
8.   Is it also true that subsequently on being advised by the     Yes the applicant had submitted the Annexure II
\n     Bank to submit Annexure — II & III, along with                & Ill vide his letter dated 29.3.2010.
\n     another copy of death certificate of his mother, the
\n     Applicant submitted the same in the Bank vide his
\n     letter dated 29.03.2010?\n<\/p>\n
                                                                                                         Page 2 of 4<\/span><\/p>\n
 9.    Why and under what extraneous circumstances, the          It is not discarding of the documentary evidence
\n      Bank discarded the documentary evidence, which it         of the worth of the Guarantors. It is the discretion
\n      had demanded for itself earlier from time to time from    exercised by the competent authority to ask from
\n      the Applicant for almost three years and for              the claimants of the legal heirs of deceased locker
\n      procurement whereof, he had to take unnecessary           holder the letters of Administration\/Succession
\n      obligation of Shri K. G. S. Mani and Smt. Kaushalya       certificate issued by the competent court for
\n      Bansal in obtaining very personal and confidential        complying proper procedure for handing over the
\n      details of their movable and immovable properties,        contents of the locker to the claimants or to the
\n      besides putting in lot of labour and inconvenience in     legal heirs of the deceased locker holder. In this
\n      collecting and compilation of the various formalities     matter, one of the legal heirs of late Smt. Gyarsi
\n      suggested by the Bank occasionally, especially when       Devi i.e. Smt. Mithlesh Sharma died on
\n      the succession certificate was eventually to be insisted  12.4.2009.Therefore,the legal heirs of deceased
\n      upon as communicated vide letter No. EOK\/SDV\/40,          Smt. Mithlesh Sharma also were required to be
\n      dated 21.05.2010?                                         ascertained before handing over the contents of
\n                                                                the locker. Under these circumstances only the
\n                                                                competent authority has asked for the letter of
\n                                                                administration\/ succession certificate from the
\n                                                                applicant.\n<\/p>\n
10.   What are the reasons due to which the The above stated reasons in para 9 are applicable
\n      recommendations of the Chief Manager, Bank of India, here also.
\n      East of Kailash Branch, New Delhi were turned down
\n      and by whom? Photo-copies of the entire noting from
\n      the beginning to the end culminating in turning down
\n      of the proposal by the so-called higher authorities
\n      should be also made available to the Applicant.\n<\/p>\n
11.   Can it be denied that a policy does exist whereby the It is true that there is a delegation of monetary
\n      Bank has been allowing refund of the contents of the limit for taking the decisions. As per the extant
\n      locker to the legal heirs of the deceased up to a certain delegation of powers up to the estimated value of
\n      monetary limit? What are those parameters? A copy of contents of Rs.2 lacs the Chief Manager can take
\n      the said guidelines on the subject be also made the decision and above that scale V officer (in
\n      available to the Applicant.                               Branch or Zonal Office) is the Competent
\n                                                                Authority to authorize delivery of contents of Safe
\n                                                                deposit lockers against Indemnity in cases where
\n                                                                legal representation has not been obtained to the
\n                                                                rightful heirs of a deceased renter. As regards the
\n                                                                furnishing of the circular or the Bank’s guidelines
\n                                                                in this respect are concerned, the same cannot be
\n                                                                given to the applicant as the said circulars are for
\n                                                                internal use\/guidance only and such circulars
\n                                                                contain certain other guidelines related to other
\n                                                                aspects. Hence, the information partly falls under
\n                                                                the exemptions provided under Section 8(1) (d) of
\n                                                                the RTI Act i.e. information held in commercial
\n                                                                confidence. Further, when we have given
\n                                                                information about the extant delegation of
\n                                                                monetary limit, there is no need for furnishing
\n                                                                bank’s internal circulars.\n<\/p>\n
12.   In how many cases and up to what monetary limit the The requested information cannot be provided to
\n      Bank of India has allowed such a refund in the past the applicant as the information cannot be
\n      since 2006 — 07 till date? Complete details thereof be generated without disproportionately diverting the
\n      furnished.                                                resources of the bank. However, we confirm that
\n                                                                there is no such case in East of Kailash Branch
\n                                                                during this period.\n<\/p>\n
13.   Is it also correct that the Bank had telephonically Yes, it is correct.\n<\/p>\n
      advised the Applicant to deposit a sum between Rs.1,
\n      000-2,000 in SB Account No. 602110100008130 of the
\n      deceased towards locker charges and, accordingly, a
\n      sum of Rs. 2,000 was deposited therein on 14.07.2010?\n<\/p>\n
14.   How is that having taken surety of more than Rs. eight Since, it is the discretion of the competent
\n      crore from the Applicant vide its CBD –23 Rev. 2006 authority for asking for the letter of
\n      forms, what are the legal hurdles in releasing the administration\/legal representation, the monetary
\n                                                                                                      Page 3 of 4<\/span>
\n         contents of the locker, which are only worth about                             worth of the surety will not come in to picture.
\n        Rs.3,90,600?\n<\/p>\n
15.     How and under what circumstances, such a bizarre                               It will be appreciated that competent authority in
\n        behaviour by the Bank towards its customers be                                 order to arrive at judicious decision, has asked for
\n        justified?                                                                     legal representation from Competent Court of law,
\n                                                                                       for release of the contents of SDV to legal
\n                                                                                       heirs\/Legal claimants.\n<\/p>\n
16.     What is complete address of the Hon’ble Ombudsman                              The complete address of the Hon’ble Ombudsman
\n        before which this matter could be agitated?                                    is given below:\n<\/p>\n
                                                                                       Banking Ombudsman,
\n                                                                                       2nd Floor, RBI Building,
\n                                                                                       6, Sansad Marg, New Delhi-110001
\n                                                                                       Phone No.011-23710882
\nGrounds for the First Appeal
\nInformation not provided within the 30 day time period and was unsatisfactory.\n<\/p><\/blockquote>\n
Order of the First Appellate Authority (FAA):\n<\/p>\n
No order passed.\n<\/p>\n
Ground of the Second Appeal:\n<\/p>\n
Unsatisfactory information provided.\n<\/p>\n
Relevant Facts emerging during Hearing:\n<\/p>\n
The following were present
\nAppellant: Mr. P.D. Swami;\n<\/p>\n
Respondent: Mr. Sulakhan Singh, CPIO & DZM; Mr. S. S. Saroha, Sr. Manager;\n<\/p>\n
       The information available on the records has been provided to the Appellant. The Appellant has a
\ngrievance that the respondents did not inform him earlier that they could not be able to give him the
\ncontents of the locker. The respondent has stated that if the Appellant approaches the bank again, they
\nwould try and putup the matter to their higher authorities to see if his grievance can be resolved.\n<\/p>\n
Decision:\n<\/p>\n
The Appeal is disposed.\n<\/p>\n
      The information available on the records has been provided.
\nThis decision is announced in open chamber.\n<\/p>\n
Notice of this decision be given free of cost to the parties.
\nAny information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.\n<\/p>\n
                                                                                                                    Shailesh Gandhi
\n                                                                                                          Information Commissioner
\n                                                                                                                     16 August 2011
\n(In any correspondence on this decision, mention the complete decision number.) (kh)<\/p>\n
                                                                                                                              Page 4 of 4<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Shri.P D Swami 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\/000030\/SG\/14081 Appeal No. CIC\/SM\/A\/2011\/000030\/SG Relevant facts emerging from the Appeal: Appellant : Mr. P.D. Swami 319, Manav Apartments, Plot No.3, Sector-9, Rohini, […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-178289","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nShri.P D Swami vs Bank Of India on 16 August, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shri-p-d-swami-vs-bank-of-india-on-16-august-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shri.P D Swami vs Bank Of India on 16 August, 2011 - 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