CIC: RTI application was filed by Shri HL Koli while the subsequent appeals were filed by Smt. GD Mahawar; Appeals were not tenable under RTI Act - CIC: FAA went out of his way to direct the PIO to dispose of the RTI application; Not fit for compensation
This matter, pertaining to an RTI application filed by Shri Hari Lal Koli, seeking information regarding a joint account in the name of Shri Kalyan Prasad and Smt. Gita Devi Mahawar, which was opened in the year 1989, came up today. The RTI applicant also provided two numbers of the account, stating that it was probably opened under one of these numbers. The CPIO denied the information under Section 8 (1) (j) of the RTI Act on the ground that it related to the account of third parties. An appeal to the FAA was filed against the above reply of the CPIO and it was signed by Smt. Gita Devi Mahawar. In his order dated 11.12.2014, the FAA directed the CPIO to treat the RTI dated 29.9.2014, filed by Shri Hari Lal Koli as an application from Smt. Gita Devi Mahawar and dispose it of as per the law. Not having received any information from the CPIO, Smt. Gita Devi Mahawar filed an appeal to the Commission, praying for direction to the Respondents to provide the information sought by her.
2. The Respondents stated that the above order of the FAA was not acted upon. However, subsequently, the Appellant provided the correct account number. The account was closed on 23.4.2015 and its proceeds given to the account holders. The representative of the Appellant stated that the said account was in the joint name of the Appellant and her late husband Shri Ashok Kumar Mahawar. The Appellant wanted the details of the account so as to able to access the funds available in it. However, the Respondents delayed provision of this information. In view of the above, the representative of the Appellant prayed for award of compensation to the Appellant under Section 19 (8) (b) of the RTI Act.
3. We have considered the submissions of both the parties. The account stands closed and its proceeds have been drawn by the holders. The only issue raised by the representative of the Appellant was regarding compensation to her. In this connection, we note that while the RTI application was filed by Shri Hari Lal Koli, the subsequent appeals were filed by Smt. Gita Devi Mahawar. Therefore, these appeals were not tenable under the RTI Act. Nonetheless, the FAA went out of his way to direct the CPIO to dispose of the RTI application. Further, from the RTI application, it is seen that the account was not in the joint name of Smt. Gita Devi Mahawar and her late husband Shri Ashok Kumar Mahawar. Besides her, the joint holder was her brother-in-law, Shri Kalyan Prasad. It is also seen from the application that there was some dispute within the family. In view of the reported dispute, it is not possible to conclude that the delayed action by the Respondents to provide the information and close the account was responsible for any loss or detriment to the Appellant. In the light of the above and the fact of the RTI application and the appeals having been filed by different persons, we do not regard it as a fit case for consideration of award of compensation to the Appellant.
4. With the above observations, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
Citation: Smt. Gita Devi Mahawar v. Bank of Baroda in File No. CIC/SH/A/2015/000447