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Khan.Ismail

Is bank auction exempted with RTI rule 8?

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Khan.Ismail

Dear members,
Name A borrowed a loan against collateral his plot from sbi and not repayment such amount. After some time and notices bank arrange a auction but they has not succeeded to sale then after some time again bank arranged an auction and named B purchase that collateral plot.
 
Sbi Bank received full money and issue a sale later along with registree. But not provide any other documents releted to that plot.
 
After some time the borrower file a civil cause against bank and purchaser but bank not appear in court, only purchaser apper but purchaser has not sufficient documents.
 
So purchaser file RTI to bank for complete file of such auction, loan but bank says its personal and as per rule 8 its exempted to rti.
 
That plot purchased by my father, so plz help me to how to make RTI of such metter.
 
Sent from my Redmi Note 3 using RTI INDIA mobile app
 
 


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Prasad GLN

Why you are going for RTI when you have a most efficacious remedy under CP Act.   The bank is bound to provide complete details of such action, loan when needed by a party that was victimized by the Bank and this is deficiency of service.  File consumer complaint free of cost and seek information through the forum, which bank must provide.

(Unless the exact query is posted, it is very difficult to give guidance, as Banker is under the statutory obligation of maintaining the secrecy of customer's account even before the enactment of RTI Act.  Now that the borrower is a third party, strictly bank should not provide such statement of account to others.  There are exemptions from this obligation if such information is within their own bank, with sister bank, with RBI, law enforcement authority and public interest)

 

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Khan.Ismail

For civil court procedure we require some documents, and for that we want to know that...

1) bank followed standard process of action or not?
2) when did bank takeover / possession that plot for auction?
3) bank gave sufficient time to borrower for loan setelment or not?
And much more like these....

In short we want to know that bank was authorise to sell that plot or not and if authorized then the follow the correct process or not?
Plz suggest How to know these answer with the help of Rti?

Sent from my Redmi Note 3 using RTI INDIA mobile app

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Prasad GLN

The branch has to issue a regular legal notice to the borrower, and then publish about an auction in Newspapers and also display such notice in the office premises notice board as per surface act.

Seek copy of Public notice/notification published about the auction and this notice disclose each and every fact.

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