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Manjunath   27 October 2019

Suit for recovery

A has filed criminal breach of trust against B for not paying loan under loan agreement. For suit for recovery proceedings Can A file RTI to LIC of India to get Insurance particulars for assignment of B? Can A's lawyer file request particulars to CA of B to get Asset particulars of B? Can A get CERSAI report of Car of B as attachment particulars?


Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     28 October 2019

There are several private detectives and agents generally employed by Banks, and they provide entire details of assets of individuals for a fee.  You can also file an application to Court seeking their directions for informing the assets in the name of the defendant. As savings, investments etc are personal information, Public Information officers of Authorities like LIC of India may not provide information and once the appeal finally goes to CIC, hearing may come only after 2 years.  Car particulars can be secured from on line portal of RTO Also if you know the car number, and under RTI you can seek copy of RC book and it will be provided to you.  If you once commence RTI, some PIOs may even seek comments from the person involved as this kind of reference is a formality under RTI, once your attempts are known, such cunning defaulters may change the asset in the name of their dependants etc.  All your efforts should be kept confidential.

Sudhir Kumar, Advocate (Advocate)     28 October 2019

Can A file RTI to LIC of India to get Insurance particulars for assignment of B?
 NO

G.L.N. Prasad (Retired employee.)     28 October 2019

There is no bar in seeking information from the public authority under RTI Act by a citizen.

However, PIO is under obligation to provide the information of third parties by seeking the comments of the third party and considering exemptions stated in Sec.8 (1)

However, there are no exemptions in the entire RTI Act if that information is concerned with larger public interest.

Crimes are not in larger public interest, and if there is a complaint pending, stating such complaint the applicant can seek information, as it is ultimately the PIO that has to consider comments of a third party and public interest while disclosing information.

To sum up for seeking information there is no bar and it costs Just Rs.32/- to have a try (Rs.10/- fees and Rs.22/-Registration (Postal).


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