Documents submitted by Late Ms. Dropti Devi at the time of opening the bank account - Appellant: the account holder was his sister and he was nominated as the nominee in the will - Bank: appellant is not the nominee - CIC: denial upheld as fiduciary info
11 Jan, 2014Documents submitted by Late Ms. Dropti Devi at the time of opening the saving bank account -Appellant: the account holder was his sister and was living separately from her husband for more than 30 years; he was nominated as the nominee in the will - Respondent: according to records, the appellant is not a nominee and the claim has been settled in favour of the legal heirs - CIC: information held by bank in fiduciary capacity
ORDER
Facts
1. The appellant filed an application dated 01.09.2012 under the RTI Act, seeking information regarding documents submitted by Late Ms. Dropti Devi at the time of opening the saving bank account. Respondent responded on 11.09.2012. Appellant filed first appeal before the First Appellate Authority (FAA) on 04.10.2012. The FAA responded on 26.10.2012. Appellant filed this present second appeal on 26.11.2012.
Hearing
2. The appellant is present and the respondent participated in the hearing through video conferencing.
3. The appellant stated that he is essentially seeking information about certified copies submitted by the account holder at the time of opening of an account in the bank. Appellant further stated that the account holder was his sister and was living separately from her husband for more than 30 years.
4. The appellant stated that the account holder nominated him as the nominee in the will and the will of the account holder is also available.
5. The respondent stated that according to records available the appellant is not a nominee. The respondent also stated that claim has been settled in favour of the legal heirs. The respondent stated that the case is pending in a civil court.
6. Both parties were heard. It is concluded that information sought by the appellant is third party information and held by the bank in a fiduciary relationship. Order of the FAA is upheld.
Decision
7. The respondent has acted in conformity with the RTI Act. Intervention of the Commission is not required in the matter. Appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri D C Garg v. Canara Bank R&L Section in Decision No.CIC/VS/A/2013/000169/05627