ORDER

1. The Appellant filed an RTI application dated 12.06.2023 seeking information on the following points:

I would like to seek clarification and specific details regarding the technical reason for the closure of my complaint filed with the RBI, The complaint reference number and other relevant details are provided below:

Complaint registration number N202223023076522 Date of Complaint: June 20, 2022 Complaint closure date September 7, 2022 Nature of Complaint: Violation of RBI guidelines for fixation of date of commencement of commercial operations and mis classification of term loan as non SME.

In the light of the above mentioned background, please provide the following information under section 2(f) and 2(j) of the RTI act:

(i) The specific technical reason cited by the RBI for the closure of my complaint under section 16(2) (a)of the RBI Act.

(ii) How my complaint got qualified for closure under 16(2)(a) (iii) The daily progress made on my complaint N202223023076522.

(iv) Names and designations of officials who have considered my complaints and the number of days it was lying with each official during this period.

(v) Please provide copies of file noting indicating the consideration of my complaints from the date of receipt till date by the concerned officials. I would also like to inspect all documents related to my case.

(vi) A copy of the rules/ regulations/ orders/ citizens charter which lay down the timeline for disposal of such complaints.

2. The CPIO replied vide letter dated 13.07.2023 and the same is reproduced as under:-

i. The complainant had raised issues pertaining to Year 2014 when loan was sanctioned /disbursed by consortium of lenders and also pertaining to year 2017 when extension of DCCO was granted, it was observed that the complainant had accepted all the T&C of the consortium lending including date of DCCO and subsequent extension. Further, as per available documents no dispute/complaint was raised by the complainant at that point of time, The bank had stated that the account was treated as MSME in 2020 and interest was charged accordingly. It is pertinent to mention that the interest rate charged by the bank is a commercial decision of the bank and Ombudsman intervention in not warranted in the same, Accordingly, the complaint was closed under clause 16(2)(a) of Reserve Bank Integrated Ombudsman Scheme -2021 and not under clause 16(2) (a) of RBI Act as indicated by the applicant.

ii. As detailed in answer to Query No 1 above.

iii. Complaints are now processed online in Complaint Management System under relevant provisions of Reserve Bank Integrated Ombudsman Scheme-2021.Copy of processing note of complaint N202223023076522 in Complaint.

iv. The Complaint was processed by Assistant, Dy. Ombudsman and RBI Ombudsman at Office of Reserve Bank Ombudsman-I, RBI, New Delhi. A copy of processing note of complaint N202223023076522 in Complaint Management System is attached. The names of officials/staff dealing with the complaint has been redacted under section 8(1) j) of RTI Act, 2005.

v. Please refer to answer to Query No 3 above. Further, due to online processing of complaints in Complaint Management System physical inspection of records is not feasible.

vi. The ‘Reserve Bank - Integrated Ombudsman Scheme (RB-IOS), 2021' does not specify any time limit for resolution of complaints. However, the Ombudsman endeavors to, resolve the complaints expeditiously. The ‘RB-IOS, 2021’ scheme is available on the website of RBI at:

https://cms.rbi.org.in/cms/assets/Documents/Ombudsman_Scheme_English.pdf 3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.08.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 30.08.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the