2021 Supreme(Online)(CIC) 8566
के(cid:3)(cid:4)ीय सूचना आयोग Central Information Commission , बाबा गंगनाथ माग(cid:20) मुिनरका
Baba Gangnath Marg, Munirka , New Delhi – 110067 नई (cid:22)द(cid:24)ली
Second Appeal No. CIC/SBIND/A/2019/639259 ि(cid:2)तीय अपील सं(cid:12)या /
Parag Kumar Patel … /Appellant अपीलकता(cid:15) VERSUS बनाम CPIO: State Bank of India, Ahmedabad. … /Respondents (cid:16)ितवादीगण Relevant dates emerging from the appeal:
CORAM:RTI : 08.10.2018 FA : 31.12.2018 SA : nil CPIO : 09.10.2018 FAO : 24.01.2019 Hearing : 10.08.2021
Hon’ble Commissioner SHRI SURESH CHANDRA
O R D E R
(09.09.2021)
1. The issues under consideration arising out of the second appeal dated nil include non-receipt of the following information raised by the appellant through his RTI application dated 08.10.2018 and first appeal dated 31.12.2018:-
As per E-Auction Sale Notice advertised by The State Bank of India, SARB Ahmedabad in the Times of India News paper dated 23.05.2017 under item No.6, for both his Plat No.H-201 & H-202, located at Dwarkesh Residency. Village Vavol. In this regard, please provide the point wise Information NPA Housing Loan Account No.####4479 in the name of Parag Kumar Ashok Kumar Patel under the RTI Act, 2005.
(i) copy of circulars of Extant Instructions of SBI for E-Auctions of SBI for E-
Auction process as per the directives from the Reserve Bank of India.
(ii) copy of Demand Notice (13(2)) dated 27.02.2017 duly served to me as per advertisement of E-Auction Sale Notice dated 23.05.2017.
(iii) copy of Inspection Register notifying the inspections done by different people on 16.03.2017 including Video Recordings having inspections done as per advertisement of E-Auction Sale Notice dated 23.05.2017.
(iv) date & time Video Recording of E-Action.
(v) Information of numbers, names & addresses each participants of E-Action.
(vi) copy of Reserve Price Determination Committee duly signed by all the committee members, for the reserve Price fixed for both his Flat No. H-201 &
H-202 under E-Action.
(vii) copy of valuation reports of Banks empanel Valuer for both my Flat No. H-201 & H-202 obtained from two different valuers as per the extant instructions of the policy of the SBI.
(viii) copy of Sale Confirmation Advice issued by SBI to both the E-Auction buyers for his Flat No. H-201 & H-202.
(ix) copy of UpToDate statement of his NPA Housing Loan Account No.####4479 in the name of Shri Parag kumar Ashok kumar Patel from the date of NPA to till today. So that the present net legal responsibility amount of either the Bank or the Borrower can be ascertained.
(x) amount of refund of the excess amount realized with interest on account of E-
Action Sale Proceeds of his Flat No. H-201 & H-202.
(xi) copy of E-Auction Sale Notice advertised by The SBI in two different News papers.
(xii) date wise Information of amount received & credited to account No.####9660 in the name of State Bank of India SARB Ahmedabad EMD & Sale Proceed Account on account of E-Auction Sale Proceeds of both his Flats No. H-201 &
H-202.
(xiii) Information of addresses & Photos of E-Auction buyers of both his Flats No.
H-201 & H-202.
2. Succinctly facts of the case are that the appellant filed an application dated 08.10.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), State Bank of India, Ahmedabad, seeking aforesaid information. The CPIO vide letter dated 09.10.2018 replied to the appellant. Dissatisfied with the same, the appellant filed first appeal dated 31.12.2018 The First Appellate Authority vide order dated 24.01.2019 disposed of the first appeal. Aggrieved by the same, the appellant filed a second appeal dated nil before the Commission which is under consideration.
3. The appellant has filed the instant appeal dated nil inter alia on the grounds that reply given by the CPIO was not satisfactory; was misleading and incorrect. 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 09.10.2018 which reads as under:
“1. Branch follows all the process as per the directives from the Reserve bank of India issued from time to time. Copies of circulars for internal circulation
2. Duly served as per law i.e. through RPAD
3. Copy of inspection register provided
4. As per section 8 (1) (d) and section 11 of RTI Act “this information’s of third party and hence it comes under commercial confidences of third party information (E-auction is being held on “as is where is” and