Rti application
Vikram
(Querist) 12 June 2012
This query is : Resolved
Hi Sir,
My father & my cousin is having a property of 5 acres under a particular survey no. Both of their name is mentioned in the RTC document (Karnataka).
Out of this 5 acres my father is owning 3 acre & my cousin is owning 2 acres property.
Now my cousin has taken loan from nationalized bank by stating that he owns 4 acre of land.
Can i get the copy of the documents which he has submitted to the bank for taking this loan?
Can the banker reject my RTI application under section 8(J) of RTI Act?
Can the banker reject my RTI application under banker secrecy act?
If the banker reject my appliction, how should i go ahead to get a copy of the documents?
Please advice.
Vikram
Sailesh Kumar Shah
(Expert) 12 June 2012
Dear Mr.Vikram,
There is no need to use rti mechanism.
It is advisable to file objection letter stating that your cousin has taken loan on your father land.
It is also noted that Section 11 of the RTI act also attracts.
Vikram
(Querist) 12 June 2012
Hi Mr. Shailesh,
Thanks for the reply.
Wanted to know whether the objection letter should be filed with the bank, where he has taken the loan?
Also wanted to inform you that i had already filed the RTI application to the bank & they have rejected to provide me the related documents on this loan. How should i go on this issue, now.
Sailesh Kumar Shah
(Expert) 12 June 2012
Wanted to know whether the objection letter should be filed with the bank, where he has taken the loan?
Answer: Yes, by your father and also make copy to head office of bank for speedy action on part of bank.
Sudhir Kumar, Advocate
(Expert) 12 June 2012
it is nationalised bank so a compliant can be made to their CVO an also top CVC as none can get a lona from bank by mortgaging other's property unless bank officials are in connivance.
If the facts can be ascertained then thre can be a criminal case as well.
Vikram
(Querist) 18 June 2012
Like to have more feedback from other experts. Thank You
Shonee Kapoor
(Expert) 19 June 2012
What aspects you want feedback on, you have been rightly guided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Vikram
(Querist) 20 June 2012
Thanks for the advice.
Vikram
(Querist) 17 September 2012
Hi,
Had appealed to the appealet authority of the bank & my RTI application with appeal has been rejected with the following reasons:
1. That me / not my father is the co-borrower / guarantor to the loan facilities availed by my cousin.
My Understanding: As me / my father is not not a co-borrower / gaurantor, i think we will not have any problem in future on loan not repaid by my cousin, as bank has clarified us on that specifically.
2. Further as per bank records the properties belong to my cousin (name not disclosed by me)& that properties have been mortgaged with bank.
My Concern: Banker says that as per their records, the property belongs my cousin & not ours. But out of the total area of 5 acres my cousin has taken loan on 4 acres of land & banker says that 4 acres of land belong to my cousin. which clearly means that my cousin has produced some documents which claims that he is owner of that 4 acres. Now my actual issue to get this particular document from the bank, where he claims that 4 acres belong to him.
3. Further, it is observed that the information sought by you is available with bank under fiduciary relationship and the same is also exempted under sec.8(1)(e) of the RTI Act.
My Concern: What is fiduciary Relationship & how to address this area, when i make appeal to State Information Officer, Bangalore.
4. Also i understand that as per RTI Act, Appealent authority has to provide the next appealant authority address / details with time frame before which we have to appeal.
And that has not been provided by the bank appealant authority.
Please advice me
Sudhir Kumar, Advocate
(Expert) 17 September 2012
Action of bank in refusing RTI is justified.
Regarding fraud by your cousine and bank officials, you are already advised.
You cannot make any complaint unless your father agrees. Fathers as you know have high attachments for nephews particularly when newphew commits a fraud and have prospects of going to jail. he may not like to be cursed byall relatives for sending own blood to jail.
Please see if your father is an exception.
So keep quite unless your father is willing to take action.
Vikram
(Querist) 19 September 2012
Thanks for the reply. RTI has been filed by my father name & with his signature.
Sudhir Kumar, Advocate
(Expert) 19 September 2012
Your father has signed RTI. still he is not the applicant of loan. They may still refuse RTI as they themselve tend to get in trouble.
Please file a complaint with CVO of the Bank and to CVC. Then file RTI on the disposal of complaint.
But first check from your father whether he will sign FIR in the Thana against his own blood.
