ORDER

1. The Appellant filed an RTI application dated 14.02.2022 seeking information on the following points:

 I hereby submit an RTI application before the Central Public Information Officer of Reserve Bank of India seeking information related to Reserve Banks’s new rule associated with Non Performing Asset.

(i) In view of the above mentioned details does any RBI rule or order is effective for a vehicle loan account that is in arrears for more than 90 days will be classified as Non Performing Asset. If so kindly furnish its order or reference number and the effective date.

(ii) Kindly furnish the instruction or declaration provided to Bank and Non Banking Companies for imposing charges to loan account holders for a cheque bounce for equated monthly installments.

2. The CPIO replied vide letter dated 15.03.2022 and the same is reproduced as under:-

(i) We do not have any specific information in this regard.

However,

1. You may refer Para 2 of Master Circular – Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances dated October 01, 2021 available on www.rbi.org.in under ‘Notifications’.

2. You may refer circular on ‘Prudential norms on Income Recognition, Asset Classification and provisioning pertaining to Advances – Clarifications’ dated November 12, 2021 available on www.rbi.org.in under ‘Notifications’.

3. You may prefer circular on ‘Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advances - Clarifications’ dated February 15, 2022 available on www.rbi.org.in under ‘Notifications’. (ii) We do not have any specific information in this regard. However,  Banks You may refer Para 2.5 on ‘Guidelines on Fair Practices Code for Lenders’ of Master Circular on ‘Loans and Advances – Statutory and Other Restrictions’ dated July 1, 2015 available on www.rbi.org.in under ‘Notifications’.  NBFCs i. You may refer Chapter V on ‘Fair Practices Code’ of Master Direction on ‘Non-Banking Financial Company- Non-Systematically Important Non-Deposit taking Company(Reserve Bank) Directions, 2016’ dated September 01, 2016 available on www.rbi.org.in under ‘Notifications’. ii. You may refer Chapter VI on ‘Fair Practices Code’ of Master Direction on ‘Non-Banking Financial Company- Systematically Important Non-Deposit taking Company(Reserve Bank) Directions, 2016’ dated September 01, 2016 available on www.rbi.org.in under ‘Notifications’.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.04.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 10.05.2022 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 07.09.2022.

5. The appellant and on behalf of the respondent Mr. Sidhant, CAPIO and Ms. Manisha Ranvah, Assistant Legal Adviser, attended the hearing through video conference.

6. The appellant inter alia submitted that no information had been furnished by the CPIO.

7. The respondent while defending their case inter alia submitted that a response to the RTI application in accordance with the provisions of the RTI Act, 2005, had already been furnished to the appellant vide their letter dated 15.03.2022, wherein they had stated that the information sought was not available with them, however, they had provided a website link to access the rules and order regarding vehicle loan account, as sought. 8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that due reply was given by the respondent vide letter dated 15.03.2022. During the hearing, the respondent submitted that the information sought was not available with them, however, they had provided a website link to access the rules and o