Information related to levy of charges on home loan and related issues - CIC: Queries are in the form of seeking clarification/ explanation/confirmation; PIO is not supposed to create information; or to interpret information; or to compile information

O R D E R

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) State Bank of India, Gurugram, Haryana. The appellant seeking information is as under:-

1. as per email I am required to pay 5900. what are these charges for.

2. last me when I changed my home loan from plr to mclr based I was not charged anything. let me know why charge now.

3. i have raised another complaint on pg portal with DEABD/E/2019/45507. on what grounds my complaint was closed.

4. is there any process if complaint is wrongly allocated to SBI LHO Chennai, rather than closing can it be assigned to correct Circle.

5. what and how I can take action against Shri. Vinay M Tonse who has closed my complaint without proper resolution.

6. what is maximum punishment that can be given to Shri Vinay M Tonse for wrongly closing the complaint.

7. is there anyone else who is responsible rather than Shri. Vinay M Tonse to direct the complaint to wrong Circle. what punishment is applicable to him

8. who directed the complaint to wrong Circle.

2. The CPIO vide letter dated 29-01-2020 has given reply to the appellant “This switch over fees of Rs. 5900/- (Including GST) is to be charged from existing home loan borrowers for switching over to EBLR rate of interest as per our circular No. NBG/RE,H&HD-HL/65/2019-20 dated 14 Oct 2019.” Being dissatisfied with the same, the appellant has file first appeal dated 09-01-2020 and requested that the information should be provided to him. The FAO vide order dated 07-02-2020 directed the CPIO to provide point-wise reply to the queries, within 10 days of receipt of this letter and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant remained absent despite notice. The mobile number of the appellant also remained busy despite several attempts made by the Commission. The respondent, Shri Satvir Singh, CM, attended the hearing through audio-call.

4. The respondent submitted their written submissions and the same has been taken on record.

5. The respondent while reiterating the replies of the CPIO/ FAA submitted that vide their letter dated 29.01.2020, has furnished the factual reply to the appellant. Further in compliance of the FAO, the CPIO vide letter dated 15.02.2020, again furnished a point wise reply to the appellant as per their available records in accordance with the provisions of the RTI Act, 2005.

Decision:

6. The Commission, after hearing the submissions of the respondent and after perusal of records, observes that the appellant has sought information pertaining to his grievance related to levy of charges on his home loan and issues related thereto. The Commission further observes that the queries of the appellant are in the form of seeking clarification/ explanation/confirmation from the CPIO. The Commission further observes that the information sought by the appellant are generic in nature and no specific document has been sought. Only the documents/ information available in material form as per the records available with the public authority can be furnished under the RTI Act, 2005. The CPIO is not supposed to create information; or to interpret information; or to compile information as per the desire of the appellant under the ambit of the RTI Act. As per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, the reasons/opinions/advices can only be provided to the applicants if it is available on record of the public authority. The CPIO cannot create information in the manner as sought by the appellant. The CPIO is only a communicator of information based on the records held in the office and hence, he cannot be expected to do research work to deduce anything from the material therein and then supply it to him.

In this regard, the Commission referred to the definition of information u/s Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act, 2005 which is reproduced below:

“information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, report, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.”

In this context a reference was made to the Hon’ble Supreme Court decision in 2011 (8) SCC 497 (CBSE and Anr. Vs. Aditya Bandopadhyay and Ors), wherein it was held as under:

35 “A Public Authority is also not required to furnish information which require drawing of inferences and/or making assumptions. It is also not required to provide ‘advice’ or ‘opinion’ to an applicant, nor required to obtain and furnish any ‘opinion’ or ‘advice’ to an applicant. The reference to ‘opinion’ or ‘advice’ n the definition of ‘information’ in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act.”

7. In view of the above ratio, the Commission is of the opinion that the reply provided by the respondent is satisfactory and same is being upheld by the Commission. However, the Commission directs the respondent to furnish the copy of circular dated 14.10.2019, as relied upon by the CPIO with regards to levy of switch over charges to the appellant within a period of 15 days from the date of receipt of this order under the intimation to the Commission.

8. With the above observations, the appeal is disposed of.

9. Copy of the decision be provided free of cost to the parties.

Neeraj Kumar Gupta

Information Commissioner

Citation: Mr. Manoj Bansal v. State Bank of India in Second Appeal No. CIC/SBIND/A/2020/669532, Date: 08-03-2022