Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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prabodh kumar patel (advocate)     10 October 2008

information from Bank under RTI Act

Please suggest whether i can seek information from State Bank of India, wheteher loan has been sanctioned against a specific landed property recorded in the name of Mr. X. (I doubt the loan has been fradulently sanctioned or the property was not free from encumbrances at the time of mortgage)



Learning

 13 Replies

prof s c pratihar (medical practitioner &legal studies)     10 October 2008

sir,


       you pl write it using your letter head writing pad.pl also mention on what basis you wants to expose it. sanction does t mean disbursement.if you have solid points you will achieve your purpose.pl send by regd with ack due, preferably with copy to regional manager of that sbi.

J. P. Shah (RTI & CONSUMER ACTIVIST)     10 October 2008

U cannot get such info from bank under RTI, unless U can indicate fraud etc which can be  treated in public interest by CPIO. However if U doubt some thing fishy, U can convey your apprehension to the bank local head office,[LHO]  with proof if any. Banks do investigate such complaints. After all public sector bank money is public money.  U can visit bank's website and use grievances redressal icon to know email and postal address of Circle Chief Gen Manager of LHO.

K.C.Suresh (Advocate)     11 October 2008

The crux is public interest. If so the bank cannot deny the right of the public under the Act. If it is barred U/s 8 of the Actthe bank can reject it. Otherwise they have to entertain you.

Y V Vishweshwar Rao (Advocate )     27 March 2009

 I agree with my lrd friends and  further add that  and  by  a letter to Bank   you can ask  the  bank  whehter the proerty of  X  is  mortgaged to the  bank  or not  and if mortgaged what is the liablitiy on the  said /X proerty .

Rajneesh Malhotra (Advocate)     27 March 2009

Strictly speaking the information cannot be given to you as neither the property is yours and neither the loan has been taken by you.


Its a information of private nature and the bank would be committing a wrong if it gives someones contractual information to you.


The information can be refused to be divulged under Section 8(J) of the RTI Act.

Y V Vishweshwar Rao (Advocate )     30 March 2009

Mr P K Patil !


In addition to my above view i furhter  inform  that;-


The Chapter IV - Sectiosn 20 to 26 of the Securitization & Reconstruction of Finacial Assets And Enforcement of Security Interest Act 2002,  deals with the Central registry to be maintaiend  and particulars of  Securty shall be field by the Secured creditor beforee the Central Registry .Under  Section 26  of the  Act it is  open for inspection by any person on apyment such fee as may be prescribed . 


In View of the aobve , the information required to you may  be availed 


 

Black wind (manager)     30 May 2009

 sir I did some trasaction form my proprietorship company to other company through a/c payee

cheque. I also did a 420 case on the other company regarding my transactiosn. 

The person who took cheque from me is the prime accused in my 420 petition. 

Ploice gave FR in case. They didn't submit any documents from bank like cheque deposit vouters (who deposited cheque) 

the person is central Gov. employee, He denied his connection with the company. He was running his company on his Son's name. It just a cover up company. 

will i get information from bank under RTI Act.

 

Y V Vishweshwar Rao (Advocate )     31 May 2009

Your Cheque is encahsed by Some other person You can enquire with your Bank about the particulars regardign 1- From which bracnh the Cheque is presneted for collection 2- - Ask Your Bank in whose Account the Cheque amount is paid 3- The Cheque Will be retained by your Bank against rthe payment - as paid cheque 4- These all the inforamtion available in your Bank You can enquire and get the inforamtion

J. P. Shah (RTI & CONSUMER ACTIVIST)     01 June 2009

U CAN GET ALL THE INFO PERTAINING TO YOUR ACCOUNT FROM BANK, IF IT IS PUBLIC SECTOR BANK THROUGH RTI. U CANNOT GET INFO OF ANOTHER PERSON. IF BANK IS COOP BANK OR PRIVATE BANK, U CAN FILE APPLICATION [NON-RTI] WITH THEIR NODAL OFFICER AT HEAD OFFICE FOR THESE DETAILS OF YOUR ACCOUNT

K.C.Suresh (Advocate)     02 June 2009

Dear Prabodh, Now it is a police case. Bank has to give the details of accounts related to an investigation to the investgating agency. As a dejure complaint you can move a petition to the bank to keep the details of the accounts related to the case in safe custody and give a petition to the concerned majistrate about the lethargic attitude of the Investigating officer. You can step into the Court as defacto complaint and file petition to cause the production of the document by the bank. Bank is bound to produce as it is metral for deciding a grave crime. Wish you best of luck and don't go after the RI Act as that provision is inteneted for public interest.

Ziaul Haque Ansari (Advocate)     01 July 2009

As regards to the question of Mr. Prabodh I would like to add that you can not seek the information from a bank under the provisions of RTI Act as because the property is not yours, however if the same is within the scope of public interest then u can proceed

J. P. Shah (RTI & CONSUMER ACTIVIST)     02 July 2009

RTI is not about only PUblic Interest issues. Personal matters can also be sought about applicant's own account. In case if info pertains to third person then public interest wil come into play. Pl visit my files of RTI for formats and guidance. 

IKGoyal Advocate (Legal)     16 April 2011

After buying a house, may I get information from a Bank under RTI about Loan or hypothecation of the house by the previous owner ?


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