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rahulkumarjee

Information not to be disclosed to parliament/state legislatures

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rahulkumarjee

:cool::cool:Respected sir,

my father purchased a house in 2006. now in 2011 a bank claimed that it is mortgaged to them and the loan amount is around seven lakhs. he wanted the bank to show the sale deed of the house deposited with them as also the particulars of the loan amount of the borrower who sold the house to him. my father is in possession of the mother sale deed but the bank claims the same to be with them. the bank did not show the deed to my father. so he sought information regarding the mother deed and particulars of bank loan account of the borrower under rti act. they refused the information citing section 13(1) of banking companies acquisition and transfer of undertaking act 1970 read with section 8(1)j of rti act. is the information regarding the mother sale deed and statement of account of the borrower denied by the bank is legal under the rti act? also ,can such information be denied to parliament/state legislature.

kindly guide him as to the appropriate steps and remedial measures to be taken by him. please help. thank you.

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RAVEENA_O

नमस्ते.

आरटीआई India मंच में आपका स्वागत है

WELCOME to RTI INDIA

 

The bank is correct by its denial of account details of borrower. However, Sec-8(1)(j) quoted by them is not correct. The correct section is Sec-8(1)(e) - i.e. the banks maintain accounts in a fiduciary relationship and hence exempted under this section.

 

Denial of mortgage deed is not correct. Don't entertain any oral / verbal communication from the Bank. If they try to do so, ask them to give views (whatsoever may be ) in writing to you. The burden to establish that the Original Sale Deed is in their possession lies with the Bank itself and not on you. Why you are worried about this, since the Original Sale Deed is in your possession.

 

Even if the bank has any cause to advise you regarding outstanding loan of previous owner, the Bank must give reasons for its administrative decision to you (being affected party) under Sec-4(1)(d) of the RTI Act.

 

The proviso under Sec-8(1)(j) is an enabling provision, even to supply the information exempted under sec-8(1)(j) of the Act.

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