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2025 Supreme(Online)(CIC) 2366
CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, IC
Basant Kumar Soni – Appellant
Versus
Reserve Bank Of India, Mumbai – Respondent
Second Appeal No. CIC/RBIND/A/2024/102710
For the Appellant: Basant Kumar Soni
For the Respondents: Vivek Mital, Anjali Agarwal
Public authorities under the RTI Act are not obliged to create, collect, or collate non-available information for applicants.
Headnote:The Appellant sought information under the RTI Act regarding the enrollment of companies by credit information companies and their regulatory oversight by the Reserve Bank of India. The CPIO replied that such information was not available, which was upheld by the FAA. The Commission found no merit in the Appellant's claims, referencing established legal standards concerning the obligations of public authorities under the RTI Act. The appeal was dismissed based on the lack of available records and the Appellant's absence at the hearing.
| Table of Content |
|---|
| 1. the initial rti requests and responses from the public authorities. (Para 1 , 2 , 3) |
| 2. the roles of cpio and faa in the appeal process. (Para 4 , 5) |
| 3. the court's analysis based on existing legal frameworks regarding the obligations of public authorities. (Para 6 , 7) |
| 4. final decision on the appeal based on the merits of the case. (Para 8) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 03.10.2023 seeking information on the following points:
Ref: - Enrollment of specified users by the Credit Information Companies for providing access to the CIBIL scored reports and Superintendent of powers vested with the Reserve Bank of India for regulating and control the business of the Credit Information Companies with regard to accessing CIBIL scored reports by specified users under the Credit Information Companies (Regulation) Act, 2005 . // Regd....With reference to the above-mentioned subject, please provide the information whether the following companies are enrolled as subscribed members by the 4 credit institution companies as specified users under the Credit Information Company (Regulation) Act 2005.
1. Credit Sudhara Financial (P) Ltd F-401/402, Lotus Corporate Park, near Jai Coach junction, Gurgaon, East Mumbai-400063.
2. Save Capital Services (P) Ltd.
A-47, LGF, Hauz Khas, New Delhi-110016.
3. Dipran Finance (P) Ltd Avvani Shanmugan, Road Gopalpur, Chennai- 600 086
4. Shaha Finlease Pvt. Ltd., 3rd floor, Victor House, (near BMC school)
142/C, NM Joshi Marg, Lower Parel, Mumbai - 400 013.
(i) Provide the following information; whether aforesaid financial services companies are enrolled as subscribed members by the Credit Information Companies as specified users under the Credit Information Companies (Regulation) Act, 2005.
(ii) Provide the following information; if yes, please provide the information from which year all the aforementioned companies are enrolled as subscribed members for the purpose of accessing the CIBIL scored reports from Credit Information Companies.
2. The CPIO replied vide letter dated 08.11.2023 and the same is reproduced as under :-
“The information sought is not available with us.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.11.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 29.12.2023 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 23.01.2024.
5. The appellant remained absent during the hearing despite notice and on behalf of the respondent Mr. Vivek Mital, Manager and Ms. Anjali Agarwal, Legal Officer, attended the hearing through video conference.
6. The respondent submitted that the information sought regarding companies mentioned in the RTI application was not available with them. A written submission dated 26.05.2025 and the same is reproduced as under:-
2. It is submitted that the appellant, Mr. Basant Kumar Soni had filed an RTI application dated 04.10.2023 which was received in RBI on 12.10.2023 and registered as RBIND/R/P/23/03159 (enclosed as Annex-1). In the said application, the appellant raised three queries seeking information regarding the enrolment and year of enrolment of four companies i.e. Credit Sudhara Financial (P) Ltd., Save Capital Services (P) Ltd., Dipran Finance (P) Ltd., Shaha Finlease Pvt. Ltd., as subscribed members by credit information companies.
3. In response to the RTI application, the CPIO, DoS responded vide letter dated 08.11.2023 and informed the appellant that that the information sought is not available with RBI. (copy enclosed as Annex-2).
4. Aggreived with the response of the CPIO, the appellant had preferred the First Appeal dated 23.11.2023, before the First Appellatte Authority (FAA) (received in RBI on 30.11.2023) and the same was. registered as Appeal No: RBIND/A/P/23/00534 (enclosed as Annex-
