ORDER

(20.12.2022)

1. The issue under consideration arising out of the second appeal dated 19.03.2021 include non-receipt of the following information sought by the appellant through the RTI application dated 01.12.2020 and first appeal dated 20.01.2021 :-

(i) “Loan statement of Cust ID-xxxxx8185 from account opening to closing.

(ii) Both term loan and working capital loan statement of Account No.xxxxx 0004 Cust ID-xxxxx8185.

(iii) How the loan Account is closed with outstanding amount? i.e.Rs.11,71,344. Is there any break law ?

(iv) How is it possible once loan account is closed without paying rest dues?

(v) If Account is closed, then why the Rice mill document is not released yet?”

2. Succinctly facts of the case are that the appellant filed an application dated 01.12.2020 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bank of India, Bhubaneswar, seeking aforesaid information. The CPIO vide letter dated 02.01.2021 replied to the appellant. Aggrieved by the same, the appellant filed first appeal dated 20.01.2021. The First Appellate Authority (FAA) vide order dated 01.02.2021 disposed of the first appeal. Aggrieved by that, the appellant filed second appeal dated 19.03.2021 before the Commission which is under consideration.

3. The appellant has filed the instant appeal dated 19.03.2021 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 02.01.2021 and the same is reproduced as under :-

“(i) (1) Loan statement of Cust ID-100498185 from the opening to closing & (2) Both Term loan & working capital statement of said accounts can be collected from Kharvelnagar branch on production of your proof of identity and deposit of fee for additional page created or copied. In this regards we have instructed our Kharvelnagar Branch.

(ii) As per the point no. 3 & 4- We would like to advise you that the a/c is closed in our system, however, the loan a/c has been sold to Asset Reconstruction Company and transferred the a/c to recover bank’s remaining dues.

(iii) Point no. 5- The documents are kept in custody on behalf of the ARC.”

The FAA vide order dated 01.02.2021 agreed with the reply given by the CPIO

5. The appellant and on behalf of the respondent Shri Ashok Jena, Deputy Zonal Manager and CPIO, Bank of India, Bhubaneshwar, attended the hearing through video conference.

5.1. The appellant inter alia submitted that he had sought information regarding his deceased father’s loan account. He further stated that the mortgaged property had not yet been released by the bank despite the full re-payment of the loan amount. He admitted that he had received the account statement, however, claimed that the reply was not satisfactory.

5.2. The respondent while defending their case inter alia submitted that they had furnished the loan account. Moreover, the loan account statement was not system generated and despite the limitations of retrieving the old records, they had provided the loan account statement.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observed that due reply was given by the CPIO on 02.01.2021. Besides, the appellant having received the loan account statement, he may approach an appropriate forum for redressal of grievance regarding release of property. That being so, there appears to be no public interest in prolonging the matter further. Accordingly, the appeal is dismissed.

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