Can I ask for copies of my own Municipal Approval Drawings submitted to Bank? FAA

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Background:

Mostly through the information gleaned out of perusing this forum, I was able to unearth vital information from my bank that has shown that my SME loan application has been abused to deprive me of valuable property in the city.  Thus far I have been able to acquire RTI responses that my formal SME Loan application has been missing from the Bank's file, as well as the Project Report submitted for sanction of loan.  In addition I was able to find out that contrary to published auction rules requiring EMD and first payment through Demand Draft or NEFT, Bank had taken from their hand in glove borrower a cheque on borrower's account which had a negative balance and was encashed much after auction was held.  The auction was then set aside by the DRT and the hand in glove borrower's money returned by the bank.

In the meanwhile the bank has been making overtures about a floor of the building and questioning me about it being built without necessary approval.  This sounded strange since there were monthly, quarterly and random inspections of the construction site, and I have copies of the inspection report. I was beginning to wonder if this too has been missing from the files of the bank.

I had therefore filed an RTI petition for copies of the approval drawings on their files based on which inspection was conducted by the bank, and based on which loan was disbursed.

Current Status:

The PIO had dragged on the matter for months without providing the information until I appealed to the FAA.  After which I had received the following response:

"As per the provisions of the RTI Act one can seek information that he/she is not having. Here in this case you are asking the bank to furnish copies of the plans alleged to have been submitted by you to the bank. The copies of which must be with you.  If you are not having, you may, if you so desire obtain from the Municipal Authority.  Therefore the particulars sought by you does not come within the purview of information as envisaged in the right to information act.  Therefore, we are not inclined to accede your request." 

Advice please:

Would kindly request your input as how to respond to the above. Is the PIO response correct?  If I were to appeal to the FAA what kind of wording should I use for a favorable response.

Thank you very much for all your assistance.

 

 

 

[Sunil Ahya 772]

Please note that, RTI is a time-bound process, so ideally, you should have filed your first appeal after 30 and before 60 days of filing the RTI application with the PIO. That is to say there are two possibilities: (a) If you do not receive any response from PIO then after 30 and before 60 days of filing the RTI application, and if you have received a response from PIO and not satisfied with it then within next 30 days from the date of receipt of the PIO's response.

Likewise, if you are not satisfied with the outcome of first appeal, you need to file a second appeal. The prescribed time limit is as follows: If you do not receive any response from FAA wait for 45 days and file a second appeal and if you receive a response and not satisfied with the outcome then within 90 days of the date of receipt of FAA's Order, as the case may be.

Now, in the facts of your particular case, file a written Addendum to first appeal to the FAA (addendum means, add further submission to my already filed first appeal). In this Addendum, inform the FAA of PIO's written response received after having filed the first appeal and attach a photocopy of the PIO's response. Also, in this Addendum make your further submissions as follows:

As per the provisions of section 7(1) a PIO is supposed to provide a requested information or reject the request for any of the exemptions enumerated under section 8 and 9 of the RTI Act. The PIO has neither provided the information nor cited any of the exemptions given under section 8 and 9. Thus, the PIO's response dated: XXXXXX is in violation of the provision of section 7(1) read with section 8 and 9 of the RTI Act. That, the information held by your Public Authority pertains to my loan application is not an exemption under section 8 and 9 of the RTI Act.

Prayers:

1. Kindly direct the PIO to provide the requested information as available in the file and on the records of your Public Authority.

[Prasad GLN 1,738]

One of my friend has similar experience from Loksabha Secretariat. as CPIO has denied to provide certified copy of her own application on 26-1-20.

Point -1: "The Appellant sought certified copy of her own letter dt.1-7-2019, these documents can not be brought under the definition of information as defined under Sec.2 (f) of RTI Act.

The moment applicant submits any document to public authority, once a received stamp is imprinted and an inward no is giving with such index, it becomes a public record, and it can not be denied.

So please follow our Super Moderator's format and prayers.

Also write to FAA that CPIO is framing his own clauses/section in  RTI Act contrary to the enactment as the definition provided by CPIO was no where stated in RTI Act. "As per the provisions of the RTI Act one can seek information that he/she is not having" Pray FAA to enlighten you with such provisions of the RTI Act, .

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Thank you dear Sunil Ahya and Prasad GLN sirs.  I value your inputs and thank you for the same.

Sunil Ahya sir:

The FAA has accepted my appeal about the undue amount of time being taken by the CPIO and had ordered that the information be provided in 7 days time.  It is only after this that the CPIO has started sending these responses to my RTI.  Most of them seem to be pretty much not of much use of of the kind that I had reproduced above.  I will appeal the above response to the FAA in the manner in which you had recommended. 

Prasad GLN sir:

Thank you for your suggestion.  I will include this too in my appeal to the FAA.  I was looking forward to your input and grateful for the same.

When I started off building my case against the Bank it seemed utterly impossible and uphill task. The Debt Recovery Tribunals is extremely pro financial institution to the the extent that one starts feeling they are against borrowers.  No information was forthcoming, since the PO pretty much agreed with the Bank's position that the requested information was not needed by us!  One begins to distrust everybody and loses faith in our institutions.  When we realize that nationalized banks, which we held in such high regard growning up, would behave in a predatory manner, we felt helpless and isolated.  

It was at this juncture that I found your site, and the wealth of information herein!  The information gleaned from here formed an integral part of my documentation process and counters.  

Thank you very much for your selfless service.  

 

[Prasad GLN 1,738]

The credit should also go to the promoters and stalwart leaders like Hon'ble Karira, Ms.Raveena. Mr.JPShah, Mr.Ganapat and several others. But forthe founders and promoters with administrative support of Mr.Shravan, this forum should have not earned such high reputation.  The entire credit should go to the forum and it's founder leaders, we are just working on those tracks well laid by them.  Such encouragement only inspires our efforts, though the focus is not on such appreciation alone.

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5 minutes ago, Prasad GLN said:

The credit should also go to the promoters and stalwart leaders like Hon'ble Karira, Ms.Raveena. Mr.JPShah, Mr.Ganapat and several others. But forthe founders and promoters with administrative support of Mr.Shravan, this forum should have not earned such high reputation.  The entire credit should go to the forum and it's founder leaders, we are just working on those tracks well laid by them.  Such encouragement only inspires our efforts, though the focus is not on such appreciation alone.

Thank you sir for pointing out.  My grateful thanks to all of them, and all others that make this forum possible.  It has served to be a great equalizer for people who want to take the RTI route to transparency in public authority.  Thank you.

[Prasad GLN 1,738]

You can also opt for inspection of your own file under RTI with an option to obtain certified copies for maintaining  same file in the same order, so that it can help your purpose.

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31 minutes ago, Prasad GLN said:

You can also opt for inspection of your own file under RTI with an option to obtain certified copies for maintaining  same file in the same order, so that it can help your purpose.

Thank you sir!  Did not know that this is even possible!  Till now it has been an effort to verify what is there in my file, and so many of the documents are either missing, and going by vague responses from bank, even altered.

[Prasad GLN 1,738]

Please go through Sec. 2h and Sec.7 (9)

Inspection is one form of information as per 2h.

Sec.7 (9) stipulates that information has to be provided in the form in which it is requested.

As you wish to seek inspection of your own documents/files there are no exemptions under RTI Act.

There is a blog by Shri JP Shah on Inspection.  Get a print out and keep it handy.

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4 hours ago, Prasad GLN said:

Please go through Sec. 2h and Sec.7 (9)

Inspection is one form of information as per 2h.

Sec.7 (9) stipulates that information has to be provided in the form in which it is requested.

As you wish to seek inspection of your own documents/files there are no exemptions under RTI Act.

There is a blog by Shri JP Shah on Inspection.  Get a print out and keep it handy.

Thank you sir.  I will take your advice and pursue this option, as well as the blog by Shri JP Shah.