2022 Supreme(Online)(CIC) 1291
के(cid:3)(cid:4)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग,(cid:20) मुिनरका
Baba Gangnath Marg, Munirka नई (cid:22)द(cid:24)ली, New Delhi – 110067 ि(cid:2)तीय अपील सं(cid:12)या / Second Appeal No. CIC/RBIND/A/2019/644768 Prashant Kokane … अपीलकता(cid:15)/Appellant VERSUS बनाम CPIO: Reserve Bank of India, Mumbai …(cid:16)ितवादीगण/Respondents Relevant dates emerging from the appeal:
| RTI : 07.12.2018 | FA : 15.01.2019 | SA : 14.06.2019 |
| CPIO : 04.01.2019 | FAO : 22.02.2019 | Hearing : 16.12.2021 |
Hon’ble Commissioner SHRI SURESH CHANDRA
O R D E R
(07.02.2022)
1. The issues under consideration arising out of the second appeal dated 14.06.2019 include non-receipt of the following information sought by the appellant through the RTI application dated 07.12.2018 and first appeal dated 15.01.2019 :-
(i) “What action is taken by this department on complaint forwarded to them vide letter CEPD.CO.PGRS.No.2001/24.21.100/2018-19 dated October 24, 2018.
Give documentary proof.
(ii) To provide copy of reply by HDFC Bank on aforesaid complaint.
(iii) Give copy of final report on aforesaid complaint, if any.
(iv) Which department can help in case of cross selling by bank by cheating customers?
(v) Give information about guidelines or any rules by RBI or any other institution for cross selling by Banks. Number of respective circular is enough.”
2. Succinctly facts of the case are that the appellant filed an application dated 07.12.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Reserve Bank of India, Mumbai, seeking aforesaid information. The CPIO vide letter dated 04.01.2019 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 15.01.2019. The First Appellate Authority (FAA) vide order dated 22.02.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated 14.06.2019 before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated 14.06.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.
4. The CPIO replied vide letter dated 04.01.2019 and the same is reproduced as under :-
“Point (i)&(ii):- Department of Banking Supervision is not in receipt of the letter referred to by the applicant in his query. However, we have received a letter CEPD.CO.PGRS.1979/24.21.100/2018-19 dated October 23, 2018 forwarding complaints dated September 1, 2018 from the applicant and the matter is under examination.
Point No. (iii):- In this regard we would like to inform that the branch/bank is the first focal point for redressal of customer complaints related to deficiency in banking service.
If grievance is not redressal/ no reply is given by the branch / bank concerned within a period of 30 days (or) if the applicant is not satisfied with the reply received/ given by the branch / bank, then the applicant can approach the office of the Banking Ombudsman if the complaint falls under grounds of complaint listed in Banking Ombudsman Scheme, 2006 (in person/ by post or lodge the complaint online on the following link https://secweb.rbi.org.in/BO/precompltindex.htm).
The complainant should write/ attach full facts of the case and documentary proof, wherever applicable. Such complaints will be dealt by Banking Ombudsman (BO) in accordance with Banking Ombudsman Scheme (BOS), 2006 (as amended up to July 01, 2017).
The details of BOS, 2006 (as amended up to July 01, 2017) are available on the website of Reserve Bank of India at https://www.rbi.org.in/commonman/English/Scripts/AgainstBank.aspx For the complaints not covered under BOS, 2006 the complainants may approach Consumer Education and Protection Cell, Reserve Bank of India of the respective region with their grievance about deficiency in customer service by RBI regulated entities.
Point No. (v):- With regard to banks undertaking corporate agency business of insurance companies departmentally, we have vide para 18 (d)(v) of Master Directions DBR.FSD. No. 101/24.01.041/2015-16 May 26,2016 (updated as on September 25, 2017) on “Financial Services provided by banks”, advised banks as under:
‘The bank shall not follow any restrictive practices of forcing a customer to either opt for products of a specific insurance company or link sale of such products to any banking product. It shall be prominently stated in