Rti act
Advocate M J
(Querist) 01 November 2012
This query is : Resolved
Good Evening Respected Members
Sir "XYZ" is a public limited government registered financial institution, and my client is a retried school teacher. he had asked for some clarification from the above said financial institution in regard to his home loan account,the information was not given to him.
thn under RTI act we had claimed for the documents mentioned below:
i) Loan Amount: Rs 19,90,000/-
ii) EMI’s : Rs 20,041/-
iii) Till date how many EMI’s paid: ??
iv) Till date principal paid: ??
v) Till date interest paid: ??
vi) Till date exuberant overdue chargers collected: ??
vii) Balance to pay: ??
viii) Till date how many EMI’s completed: ??
ix) Till date how much interest has been enhanced as per RBI GUIDELINES copies of the RBI GUIDELINES for the enhancement to be enclosed
WE had addressed the claim of documents to the manager, on my letter head.
Now the financial institution had sent me the reply stating that "the RTI Act is not applicable to said Financial institution"
According to my knowledge all private and government sector are applicable of RTI act. And every citizen has a right to claim the documents under RTI aCT.
Since this registered government financial institution is denying to give the documents under RTI act. WHAT is the next course of action can be taken against them according to the court of law.
thank you
chitra gupta
(Expert) 01 November 2012
here, if u r not satisfied with the decision of the govt. orgn.,u may appeal to the 1st appeallate authority who is senior in rank with the central public information officer within 30days from the date of receipt of the information......u may get clear idea after log in to www.rti.gov.in about this procedure. (thanks)
malipeddi jaggarao
(Expert) 03 November 2012
Mr.Advocate M,
You stated that the institution is govt.registered institution. Registration with government will not automatically fall under RTI Act. Anyhow there are two alternatives apart from the suggestion given by Ms.Chitra above.
1) If they have, go through the website of the financial institution wherein they would have mentioned name of PIO (Public Information Officer) and first Appellate Authority (higher rank official in the same organisation). If they are not appearing, you have to confirm whether the institution covers under RTI Act or not.
2) As your client is a customer of the institution, for the information required, you need not resort to RTI Act. The borrower has every right to know the details of his own loan account and the creditor institution whether it is public or private, has a duty to provide such information.
Your client send a RAD letter to the creditor institution seeking all the above information. He can mention in the application if it does not provide the required information, as he suspects fowl play in appropriation of repayment amounts, he would stop payment of further instalments at the risk and responsibility of the creditor institution and no further interest should be charged till the information is supplied.