O R D E R

(05.07.2023)

1. The issue under consideration arising out of the second appeal dated 15.07.2022 include non-receipt of the following information sought by the appellant through the RTI application dated 12.04.2021and first appeal dated 23.08.2021:- (i) The copy of the loan agreement/any other documents signed as agreement between the Punjab and Sind Bank with me and Ms. Inderjeet Kaur for the loan account no. **-1127 at Saban Bazar, PSB, Ludhiana other than the documents submitted by the Bank in Consumer Forum at pages 38-49.

(ii) The copy of the loan agreement/any other documents signed as agreement between the Punjab and Sind Bank with me and Ms. Inderjeet Kaur for the loan account no. ***********130 in the name of Jaspal Singh, Inderjeet Kaur at Baba Ishar Singh Branch, PSB, Ludhiana.

(iii) The copies of any other document/undertaking/clauses of the loan agreement between the Bank and applicant by which the Bank has charged the inspection charges, CERSAISI charges loan update charges, to transfer charges, legal fee and jamanbandi charges, out of pocket expenses.

The copy of the clauses in the agreement/Bank rules/regulations/circulars differentiating the legal fee without of pocket expenses.

(iv) The copies of loan agreement/ any other document / undertaking/ agreement other than the undertakings obtained from the applicant/ his sister to abide by /pay the charges in accordance with the instructions of the Bank issued from time to time other than the undertakings at pages 38-49 of the written statement with the Consumer Forum.

(v) The rules and regulations by which the charges of insurance, legal opinion, inspection fee and charges other than the penal interest are not illegal and arbitrary in view of the undertakings of the applicant at pages 38 to 49 of the statement and the statement on affidavit there is, no such document known as the loan agreement and also the statement at para 4 of page VI the statement stating that the copies of loan agreement are being placed on record which are at page 38-49 of the written statement.

(vi) The copies of Rules/ regulations by which the applicant was bound by the contents of para (d) of the page 4 of the written statement by which the bank has admitted about binding of the Bank only stating that “They are bound by the contents of all the Rules/ regulations/and ops never stated / mentioned any thing how the same were chargeeable from the applicants.

2. Succinctly facts of the case are that the appellant filed an application dated 12.04.2021 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Punjab & Sind Bank, Ludhiana, seeking aforesaid information. The CPIO vide letter dated 07.05.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated23.08.2021. The First Appellate Authority (FAA) vide order dated15.09.2021disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 15.07.2022 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 15.07.2022 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 dated07.05.2021 and the same is reproduced as under:- “The information sought by you in your applications regarding your loan accounts cannot be provided because the matter is sub judice and the disclosure of any information sought by you in your RTI applications may constitute Contempt of Court. Therefore the whole information sought by you is denied under Section 8 (1) (b) of the RTI Act.”

The FAA vide order dated15.09.2021stated that it was the 2nd duplicate first appeal in the same RTI. Hence, appeal was disposed of and returned to the applicant.

5. The appellant remained absent and on behalf of the respondent Shri