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Invoking exemption under sec 8 of rti act

My pension acct at the Bank of India was hacked supposedly from Austria, Canada & Nigeria. The hacked money transfered to Indians holding accounts at different branches of the same Bank i.e Bank of India. The anti hacking squad of the bank of India based at its head office Mumbai blocked my acct immediately after the hackers successfully robbed me and transfer the money to a few Indian customers of Bank of India. They however did not block the beneficiary accts. The bank kept my acct blocked for a considerable period while they were in active contact with the beneficiary acct holders. I was assued of recovery of money very soon. It did not happpen . I lodged a complaint to Banking Ombudsman Hyd which called both the parties for a hearing. The bank before the Banking Ombudsman retracted its stand and called the transfers as VALID INTERNET TRANSFERS and put the blame to me for compromising my credentials ( pass word etc) to those hackers. The banking ombudsman disposed off the case calling the hacking as VALID INTERNET TRANSFERS. 

Now I have submitted a RTI query with the bank asking them to provide details of the beneficiaries as they are known to them (KYC). The bank has invoked sec 8 and denied me info.. My appeal to the First appellate auth ( Zonal Office) has also been rejected. Where to file the second appeal? Is it the SIC or CIC?


 10 Replies

Adv. Santosh Yadav (Advocate/Lawyer)     27 April 2014

it is clearly criminal complaint , once you had approached the bank with the formal complaint and

after knowing the fact that the bankers are not working in your favour, you should have approached the local

police station for criminal complaint against the hackers taking the help of the formal complaint that you had put

before the bank authorities. any how bank is liable to repay your amount as the amount you had deposited in

their account is for the safety.

G.L.N. Prasad (Retired employee.)     27 April 2014

The denial of the Bank is not justified and you have to file second appeal before Central Information COmmission, August Kranti Bhavan, Bhikaji Kama Place, New Delhi 110 066.

Mere stating exemption without proper reasons is not justified and particularly when you are an affected party.  You have every right to know the details where your amount was transferred.

Getting compensation from CIC is difficult/remote, You can file a simple complaint before District Consumer Forum, for deficiency  of service against the Bank and as this is a summary suit and not involve much argument, you can appear as party in person and it costs less than Rs.750/- in all.

As suggested in the post you have to initiate more action Police, CIC and DF (for deficiency and as an affected party, customer being a consumer and not as RTI Applicant but you have to issue a notice to the Bank under CP Act) and may complain to Banking ombudsman also.

Certainly you will get justice.


I had complained to the BO Hyd. He had issued order stating  that " the bank confirmed that the transfers were VALID INTERNET TRANSFERS  using complainant's valid user id & pass word and regretted its inability to pursue the complaint further with the bank , hence closed under clause 13(C) of BO Rules 2006.

G.L.N. Prasad (Retired employee.)     28 April 2014

File another RTI Application seeking certified copies of all documents and a contact a good advocate or prepare yourself a complaint before District Consumer Forum or Banking Ombudsman.

Go and personally collect the copies if you are local.

Atleast Bank can provide information as to which accounts the amount was transferred and their full addresses so that further follow up can be made through Cyber Police.


I am searching for a good lawyer who can gurrantee that my case will be posted according to LOBIS without any Cheats sorry Chits sorry Court Slip to hear the case on priority and be completed in my life time. So far I have not found one.

G.L.N. Prasad (Retired employee.)     13 May 2014

1.This is a simple matter.  Denial of information can be appealed through first appeal, and then second appeal

CIC appeals of Senior citizens are given priority, and you can write a personal letter to Hon.IC to give top priority for this appeal in view of your age and urgency/importance of information.

2.Also issue simple Regd., complaint notice to the Bank, seeking all certified copies as an affected party under consumer act.

3.Even in District Forum at Rs.100/- as fees you can complain against the Bank for deficiency of service.  Senior citizens get priority in hearing. Proceedings are summary in nature and within 90 days you may be able to get a certakin redressa.

3.There is a portal PGRMS and lodge your complaint with concerned Bank through that on line portal either RBI or through Finance ministry (Please send the copy of notice given to Bank as attachment). THis process will not take much time and can be completed within 5 minutes.

4.Infact the case is simple  and you may not need an Advocate for all this.

5.Please file another RTI Application before Banking Ombudsman and concerned Bank as to the reasons for finding the transactions as "Valid Internet Transfers"

6.If you are residing at District Head quarters, file a complaint before DIstrict Legal Services Authority, and Lokaykt Judge is empowered to enforce his orders against the Bank and there is no appeal against his decision.

These are the simple steps that are cost effective and enables self drive without depending on others but I am afraid as to the complainant is having time, inclination to do all this which takes maximum of two hours.(Body of complaint is one and the same, and need copy and paste by changing addresses only)

If complainant atleast mentions his place of residence, atleast some volunteers can guide him personally.

1 Like

G.L.N. Prasad (Retired employee.)     13 May 2014

The denial by Bank shows their ignorance of RTI Act.  The beneficiaries are not clients of the Bank and no personal information is solicited, as a Customer you have got every right to know as to who gained unlawfully (Remember bank blamed you that you have leaked password.  There are hundreds of ways to know  passwords and even American Intelligence passwords are hacked).  You need to file first appeal immediately within 30 days from receipt of information from CPIO.  Seek personal hearing, and if possible post here date of first hearing, so that you can submit written arguments before FAA, which will help you in several ways for fixing the bank.

G.L.N. Prasad (Retired employee.)     13 May 2014

The Regd Complaint to Bank under CP Act must be brief and simple.


Opposite Party:

Brief Facts: Nature of A/c.........Name.............................Account No............Branch..........Bank

Unauthorised debits in the account as internet follows:

Date of debit    Amount.........................Paid at.


As as affected party, I  have sought documents in my capacity as customer, and OP has failed to provide the list and particulars of payees that has made the illegal and unauthorised transactions causing financial loss to me to the extent of Rs................


Please note that those payees have no relationship whatsoever with OP Bank, and whereas complainant as a customer  and as affected partyyhad a right to seek details of financial transactions which are illegal done by OP Bank, and OP, being a financial institution and Bank is under statutory obligation provide details to the affected party as per law of land.

Infact it is the responsibility of OP bank to initiate investigation, inform developments as to modus operandi to complainant and as complainant has reported a fraud, it should be complained to CYBER CELL of Police.  But OP Bank has deliberately failed in discharging their duties and responsibilities under various laws and caused irreparable loss due to apathy and  negligence which amounts to deficiency of service.

Please note that the complainant has to file complaint before Police, District Forum and Reserve Bank of India, if it fails to provided needed information as a report with certified copies within 15 days with remarks as to what Bank is expected to perform and what actually performed to investigate the fraud.



1 Like


I am located at Sec-bad-500056 but it comes under Ranga Reddy District. Lots of shifting is going on at this point of time due to bifurcation of the state of AP. I am doing the home work..Only problem is with Cyber- Cell where I submitted a written complaint but was not provided with a copy of FIR. In fact I was advised by the Dy Supdt of Police ( in-charge of Cyber Cell )to lodge a complaint with the bank as they are the custodian of my acct. I have done that and got the receipt.

G.L.N. Prasad (Retired employee.)     14 May 2014

As far as FIR with Rangareddy is concerned immediately file RTI Application seeking information on status of your compolaint with copy of FIR registration.

As per SC Judgments, Police are supposed to provide FIR within a stipulated period.

You need to explore all possible avenues.  As informed to you the body of the letter is one and the same, and you should change only address and  always use local speed post (Rs.17) track down delivery status through India Post, and never , never meet any official in person, even when they called.

Instead of explaining orally all the incidents prepare a chronological report with statement of account highlighting fraudulent transactions

A complainant need not take into account  the elections, bifurcation and ensure that every report must be in writing.

File First Appeal before FAA of the Bank, seek personal hearing . 

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