Information regarding the loan account of a Society was sought claiming that it has taken loans from many banks that have become NPA - CIC: It has not reached a stage where we would consider disclosing information concerning it in larger public interest
4 Apr, 2016Order
This matter, pertaining to an RTI application filed by the Appellant, seeking information on three points regarding the loan account of Smt. Shakuntala Educational & Welfare Society, came up today. It is noted that the information was denied by the FAA under Section 8 (1) (d) of the RTI Act on the ground that the Appellant was not associated with the borrower and was not a member of Smt. Shakuntala Educational & Welfare Society.
2. The representative of the Appellant stated that the above society has taken loans from many banks that have become NPA. They also took a loan of Rs. 25 crores from the Respondent Bank, which has not been repaid and yet the bank has given them a further loan of Rs. 5 crores. He submitted that the information sought by the Appellant be disclosed to him in larger public interest.
3. The Respondents reiterated their decision to deny the information. They stated that the Appellant is not connected in any way to the loan account. In response to our query, they submitted that the loan of the above society was NPA as on 31.12.2015 and further necessary action is being contemplated.
4. We have considered the submissions of both the parties and note that the bank holds the information concerning its borrowers in a fiduciary capacity and it is, therefore, exempted from disclosure under Section 8 (1) (e) of the RTI Act in the absence of a finding of larger public interest. The above account, though having become NPA recently, has not reached a stage where we would consider disclosing information concerning it in larger public interest. Therefore, we uphold the decision of the Respondents to deny the information in this case.
5. With the above observations, the appeal is disposed of.
6. Copies of this order be given free of cost to the parties.
(Sharat Sabharwal)
Information Commissioner
Citation: Shri Mohit Jain v. Oriental Bank of Commerce in File No. CIC/SH/A/2014/002948