O R D E R

(07.09.2021)

1. The issues under consideration arising out of the second appeal dated 25.03.2019 include non-receipt of the following information raised by the appellant through her RTI application dated 27.11.2018 and first appeal dated 08.01.2019:-

“Appellant’s client, Shri Abhishek Pilley, S/o. Shri Arjun Pilley, House No. 9/13, Sadar, Cantontment, Jabalpur- 482001 purchased my plots of land as per Registered Sale Deed No. MP182552017A1445904 dated 31/07/2017 recording therein the payment details by Branch Cheque No, 000016; whereas no payment has been received by her on this account from any corner till date (i) Whether the cheque No. 000016 has actually been encased. (ii) If encased, who is the recipient of the cheque amount? and (iii) Any other information bank would like to intimate her to this effect.

2. Succinctly facts of the case are that the appellant filed an application dated 27.11.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), UCO Bank, Bhopal, seeking aforesaid information. The CPIO did not reply. Dissatisfied with the same, the appellant filed first appeal dated 08.01.2019. The First Appellate Authority did not any reply. Aggrieved by the same, the appellant filed a second appeal dated 25.03.2019 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 25.03.2019 inter alia on the grounds that she had not sought information regarding bank account details of the respondent’s customers but had requested for encashment position of the cheques for which she was payee as recorded in sale deed and had the cheques been presented by her for encashment, it was mandatory for the bank to either pay her the written amounts or return the same with Return Memo disclosing the reasons thereof. 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 21.02.2019 against point no (i) of the RTI application that Cheque no.-072290 in the account of Shri Gokul Nandan Das had not been encashed till date; against point no (ii) of the RTI application that the above mentioned cheque had not been encashed, hence, above information could not be provided; against point no (iii) of the RTI application it was informed that no information was sought, hence, could not be provided. The FAA concurred with the views taken by the CPIO.

5. Both the parties remained absent.

6. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observed that the reply given by the respondent was incomplete and evasive. The appellant contended in her second appeal that she had not received the requisite information. Perusal of RTI application and claim made in her second appeal revealed that she had sold her property to Shri Abhishek Pilley and all these payments were supposed to be made to her in lieu of sale of her property. Therefore, public interest demands that the appellant should be informed that cheques were not drawn in her name and the payer had issued instructions not to make payment of the cheques. In view of the above, the respondent are directed to re-visit the RTI applications and provide the information to the appellant including name of payee, within two weeks from the date of receipt of this order. With these directions and observation, the appeal is disposed off.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra)

(सरु ेश च(cid:9)ं ा)

Information Commissioner ( )

सचू ना आय(cid:15)ु

/Date: 07.09.2021 (cid:21)दनांक Authenticated true copy R. Sitarama Murthy ( )

आर.

सीताराम मूत(cid:9)

Dy. Registrar ( )

उप पंजीयक

011-26181927(०११-२६१८१९२७)

Addresses of the parties:

CPIO : UCO BANK ZONAL OFFICE, PLOT NO. 22, JAIL ROAD, ARERA HILLS, BHOPAL (M.P.) - 462 016 THE FIRST APPELLATE AUTORITY, UCO BANK, ZONAL OFFICE, PLOT NO. 22, JAIL ROAD, ARERA HIL