An article titled Is State Bank of India adapting unfair trade practices- RTI reveals more than 300 crores being earned unethically from consumers was published in this blog on 9th October 2015. As stated earlier, there have been three appeals before three different First Appellate Authorities of State Bank of India. Accordingly three different orders were issued and surprisingly no information has been revealed obviously to hide the unfair trade practices being done by SBI. First appeal was brought out in my earlier blog as stated above. The other two First Appeal are brought herein as FA-II and FA-III. For ready reference, the content of RTI application dtd. 01/10/2014 are reproduced again.
RTI Application dtd. 01/10/2014 to CPIO, State Bank of India
FA-II
I. FA-II CPIO letter No. R-1147 (14-15) dtd. 18/12/2014 to my RTI application dtd. 01/10/2014
Notification Search Year 2013 Month Nov Circular No. RBI/2013-14/381 DBOD No.
Dir.BC.67/13.10.00/2013-14 dated 26.11.2013
FA-III
RTI Application dtd. 01/10/2014 to CPIO, State Bank of India
Sub: Seeking information under RTI Act 2005
in respect of SMS Alert Services for my SB A/c No. xxxxxxxxxxx held at SBI,
Hindu College, Delhi University, Delhi, IFSC: SBIN0010433 and other connected
issues
This is in reference to your Letter
No. DZO-I/R-4/RTI/193 dated 25/09/2014 supplying information in respect of my
application dated 28/08/2014 under RTI Act 2005.
(i)
Copy
of the file notings and movement of my RTI application dtd. 28/08/2014 and any
other related documents during the period it is received by the concerned CPIO
and till the time it is finally disposed off.
(ii)
Details
of 9 numbers of credit and debit transactions as stated in your above letter
from quarter ending 31st December 2013 till quarter ending 30th
June 2014 and quarter ending 30th June 2013.
(iii)
Details
of the content of 9 SMS alerts as stated in your above letter.
(iv)
The
delivery report of 9 SMS alert as referred in your above letter.
(v)
Is
there minimum limit prescribed by SBI/ RBI for the amount of transactions for sending
SMS Alerts?
(vi)
Please
supply me the prescribed minimum limit of the transactions (credit and debit)
for sending SMS Alerts. Please supply me the copy of the internal order of SBI
or RBI order prescribing minimum limit of transaction for which SMS alerts are
required to be sent to the customers
(vii)
Whether
SBI charges customers for sending the SMS informing customers about deduction
of Rs. 15/- by State Bank of India towards SMS Alert from the customer’s
account.
(viii)
Please
supply me the true copies of complete internal note sheets and any other
connected document in regard to implementation of RBI Notification No. RBI/2013-14/381 DBOD No.
Dir.BC.67/13.10.00/2013-14 dated 26/11/2013.
(ix)
Please
supply me the true copies of the internal note sheets and movement of order No.
F.No. 7/72/2014-BOA dtd. 14th August 2014 issued by Department of
Financial Services, Ministry of Finance, Govt. of India
(x)
Please
supply me the information of rates per SMS being paid by State Bank of India to
the SMS vendor.
(xi)
Please
supply me the information of total charges paid by State Bank of India to SMS
vendor for transactional messages and the total amount recovered from the
customers for the financial year 2013-14 and for the period 1st
April 2014 to 30th September 2014
2.
The
above information as being sought by me under RTI Act 2005 is not covered under
“Information to be denied”.
3.
In
case the part or whole of the information is not held by your public authority,
the same may please be transferred to the public authority holding the same as
per provisions under Sec 6(3) of the RTI Act 2005.
I. FA-II CPIO letter No. R-1147 (14-15) dtd. 18/12/2014 to my RTI application dtd. 01/10/2014
Sh. S.K. Virmani Dt. 18/12/2014
Ref. No. RTI/3213
Dear Sir,
RIGHT TO
INFORMATION ACT, 2005
REFERENCE NO. :
R-1147 (14-15)
We refer to your request letter dated 01.10.2014 received
by us through CPIO & AGM(P&E), State Bank of India, P & E Dept.,
Local Head Office, New Delhi vide their letter No. P&E/RTI/336/2070 dated
29.10.2014, under the provisions of the RTI Act 2005. We advise, in respect of
Point Nos. (v) to (ix), as under:
v)
Yes.
vi) Banks are
required to provide SMS alert for all transactions done using debit or credit
card. The necessary instructions in this regard are available on public domain
of Reserve Bank of India.
vii) The
information sought by you is not “information” as defined in Section 2(f) of
the RTI Act, 2005.
viii) The
information sought by you is of commercial confidence and hence exempted from
disclosure under Section 8(1)(d) of the RTI Act, 2005.
ix) No such
information in held with us.
02. In terms of Section 19(1) of the Right to
Information Act, 2005, Chief General Manager, Banking Operations, State Bank of
India, Banking Operations Department, Corporate Centre, 6th Floor,
State Bank Bhawan, Madame Cama Road, Mumbai – 400021 has been designated as the
Appellate Authority
03. Please acknowledge receipt.
II. First Appeal dtd. 29/12/2014 before First Appellate Authority, State Bank of India
Dt. 29/12/2014
1st Appellate Authority
Banking Operations Department
Sub: First Appeal
in respect of my RTI Application dtd. 01/10/2014 on a/c of non-furnishing of
information for points No. 1 (vi) to 1(ix) by CPIO
I have submitted an application dtd. 01/10/2014
under RTI Act 2005 transferred by CPIO and AGM (P&E) to the present CPIO
vide their letter dtd. 29/10/2014. CPIO has not supplied the information
pertaining to point No. 1(vi) to 1(iX). It is also further to state that while
CPIO has received the application in October 2014, he preferred to respond vide
letter dtd. RTI/3213 dtd. 18/12/2014 violating 30 days norms of RTI Act 2005.
Further:
1.Point No. 1
(vi) – The response to point No. 1(v) and 1(vI) are contradictory. While
CPIO has stated in response to point No. 1 (v) of my application dtd.
01/10/2014 that there is a minimum limit prescribed by SBI/RBI for the amount
of transactions for sending SMS alert, CPIO to the Question No. 1 (vi) has
stated “Banks are required to provide
SMS alert for all transactions done using debit or credit card. The necessary
instructions in this regard are available on public domain of Reserve Bank of
India.” It can be seen that the information pertaining to Point No. 1 (v) and
1 (vi) are contradicting. A clarification need to be provided as to the
correctness of the information. RTI Act 2005 stipulates to provide the
information precisely and merely stating that the order is available on RBI
website is not sufficient. Secondly I could not find the order of SBI on the
subject on RBI website. Please provide the precise information alongwith
clarification on the contradiction as stated above.
2.Point No. 1
(vii) – The information sought in my RTI application is as to “whether SBI is charging customers for
sending the SMS informing ……………………………..from the customer’s account”. CPIO
has stated the information sought by the applicant is not “information”. The information has been sought in the form of Yes or
No and there is no other condition applicable. The CPIO stating that the
information sought is not information is being considered as non-supply of the
information due to an act of intention. The relevant information may please be
supplied.
3.Point No. 1
(viii) – I have sought information to supply me the true copies of the
complete internal note sheet and any other connected documents in regard to
implementation of RBI Notification No. RBI/2013-14/381 DBOD No.
Dir.BC.67/13.10.00/2013-14 dated 26/11/2013. The CPIO is taking advantage of
Section 8 (1) (d) of the RTI Act which is not relevant in the present context. RBI
above referred notification is a public document and SBI is public authority. Non-implementation or
otherwise its implementation is affecting SBI consumers having banking accounts
with SBI. Unauthorized money to the tune of more than Rs. 300 crores is getting
deducted from the bank account holders annually. The implementation of RBI
order is a subject matter of public interest. SBI has been resorting to
unethical business practices of charging the amount irrespective of whether any
transaction has taken place or not. To a very rough
estimate State Bank of India might be having 40-50 Crores customers and SBI has
been violating the condition of orders issued by Reserve Bank of India and
Ministry of Finance. The information is of public interest as the banking
operation is being carried on using IT and hence if one customer who has not
transacted any transaction during a year and money got deducted at a rate Rs.
60/- per year that too for no transaction the same formula must be used for the
other customers and hence the issue is of public interest which indicates that
the unfair trade practice is being carried on by SBI. Such documents supportive
of unfair trade practices being carried on by public authority could not be
subject matter of commercial confidence under Section 8 (1) (d) of the RTI Act.
State Bank of India responses to the Question No. 1 (ix) itself is indicative
of hiding crucial document from public purview as the said document of
Department of Financial Services; Ministry of Finance was also issued in August
2014 itself to all public sector banks including State Bank of India. The
information received from SBI from another CPIO vide their letter No.
OPSnTS/2014-15\BOG\671 dtd. 27/11/2014 in the attached table is indicative of
unfair trade practice as SBI has been charging for promotional SMS which in
anyways are not transactional messages. The revealing of the unfair trade
business revenue by SBI from the account holders estimated to be numbering
about 4o to 50 crores is of public interest.
4. Point No. 1(ix) Whether the CPIO statement as to
no such information is available pertains to his own jurisdiction or is
referring to SBI as an organization.
5. In view of the above First Appellate Authority is
requested to please arrange the complete information including supply of
documents as per Point No. 1 (vi) to Point No. 1 (ix) for my RTI application
dated 18/12/2014. It may also be noted that since SBI has failed to provide
documents within 30 days, there is no additional fee including photocopying
charges is chargeable for supply of true photocopies of documents (point No. 1
(viii) and 1(ix) as per provision of RTI Act 2005.
6. Since CPIO has not provided the information
intentionally, the applicant has been compelled to incur an additional
expenditure towards speed post charges and other secretarial job and
photocopies etc for raising 1st Appeal, the First Appellate
Authority is also requested to please compensate me with an amount of Rs.
500/-.
III. The orders of First Appellate Authority dtd. 30/01/2015 vide letter No. RTI-3944 dtd. 07/02/2015
DECISION No. 287 / 2015
APPEAL No. RA-1147 (14-15)
Name and Address of the Applicant : Shri S. K. Virmani, Faridabad
Names of the CPIO and Public Authority :
Shri Joy C Aryakara, Deputy General
Manager (RTI), Corporate Centre, Mumbai
The present appeal dated 29.12.2014, received on
05.01.2015, has been preferred by Shri S.K. Virmani hereinafter referred to as
the appellant, against the non receipt of complete information and against the
reply No. RTI/3213 dated 18.12.2014 of Shri Joy C Aryakara, CPIO & Dy.
General Manager (RTI), State Bank of India, Mumbai.
Facts:
2. Shri S.K. Virmani, the applicant, vide his
application dated 01.10.2014 sought SMS related information 11 in numbers from
The CPIO, SBI, Delhi Zonal Office -1, Region -4, 11 Sansad Marg, New Delhi
under the RTI Act, 2005. The following information related to the CPIO &
DGM (RTI) was sought:
v) Is there minimum limit prescribed by SBI/RBI for
the amount of transaction for sending SMS Alerts.
vi) Please supply me the prescribed minimum limit of
the transactions (credit and debit) for sending SMS Alerts. Please supply me
the copy of the internal order of SBI or RBI order prescribing minimum limit of
transaction for which SMS alerts are required to be sent to the customers.
vii) Whether SBI charges customers for sending the
SMS informing customers about deduction of s. 15/- by State Bank of India
towards SMS Alert from the Customer’s account.
viii) Please supply me the true copies of complete
internal note sheets and any other connected document in regard to implementation
of RBI Notification No. RBI/2013-14/381 DBOD No. Dir.BC.67/13.10.00/2013-14
dated 26/11/2013.
ix) Please supply me the true copies of the internal
note sheets and moement of order No. F.No. 7/72/2014-BOA dated 14th
August 2014 issued by Department of Financial Services, Ministry of Finance,
Govt. Of India.
3. The CPIO vide his letter No. RTI/3213 dated
18.12.2014 replied to the applicant as under:
v) Yes
vi) Banks are required to provide SMS alert for all
transactions done using debit or credit card. The necessary instructions in
this regard are available on public domain of Reserve Bank of India.
vii) The information sought by you is not
“information” as defined in Section 2(f) of the RTI Act, 2005.
viii) The information sought by you is of commercial
confidence and hence exempted from disclosure under Section 8(1)(d) of the RTI
Act, 2005.
ix) No such information in held with us.
4. Dissatisfied with the reply given by the CPIO,
the appellant has preferred the present appeal dated 29.12.2014.
5. The appellant, in his appeal dated 29.12.2014 has
stated, inter alia, the following grounds for preferring the present appeal:
·
The CPIO has not supplied the information pertaining
to point No. 1(vi) to 1(ix) and a clarification need to be provided as to the
correctness of the information.
6. The appellant prayed that the CPIO be directed to
give the correct information to the appellant as per his application dated
01.10.2014 free of charge.
DECISION:
7. The appellant in his appeal dated 29.12.2014 has
stated that the CPIO declined some information u/s 8(1)(d) and 2(f) of the RTI
Act. The undersigned examined the related records available at CPIO’s office
and perused the CPIO’s letter No. RTI/3213 dated 18.12.2014, to the appellant,
wherein the CPIO had provided the information, as available with the public
authority. The appellant in his appeal has sought clarification for correctness
of the information which cannot be termed as information under Section 2(f) of
the RTI Act and hence no order is being passed for it. Moreover, seeking of
opinion from the CPIO in the form of “Yes / no” is also not information under
Section 2(f) of the RTI Act, 2005. However, the undersigned directs the CPIO to
provide the path of public domain for RB Notification dated 29.03.2011 which
provides information related to point No. v & vi of the RTI request dated
01.10.2014 within three weeks from the date of this order.
8. The
Appeal is disposed of accordingly.
9. A
copy of this order be forwarded to the appellant and the CPIO.
IV. CPIO response vide ref. No. RTI/3965 dtd. 11/02/2015 pursuant to FAA order No. 287/2015
Sh. S.K. Virmani Dt. 11/02/2015
Ref. No. RTI/3965
RIGHT TO
INFORMATION ACT, 2005
REFERENCE NO. :RA
– 1147 (14-15)
In compliance of the order No. 287/2015 dated
30.01.2015 passed by the First Appellate Authority & CGM (Banking
Operations) in RA-1147(14-15), we advise, in respect to point No. V & VI of
your request, as under:
Notification Search Year 2013 Month Nov Circular No. RBI/2013-14/381 DBOD No.
Dir.BC.67/13.10.00/2013-14 dated 26.11.2013
II. Pease acknowledge receipt.
(There is no relevancy even a distant to the CPIO response to the point seeking information.)
FA-III
I. CPIO response to RTI application dtd. 01/10/2014 vide letter No. 14-15/RBK/459 Dt. 8/12/2014
Sh. S.K. Virmani
RIGHT TO
INFORMATION ACT, 2005
REFERENCE NO. IT-R-27
(2014-15)
With reference to your application dated 01.10.2014,
received at our end on 18.11.2014, seeking information relating to SMS charges,
we submit herewith the response for point No. 1 (X) to (XI) sought by you under
RTI Act as under:
1) (X) to (XI) The
details of rate per SMS paid to SMS Vendors and total charges paid to SMS
Vendors for the financial year 2013-14 and form the period 1st April
2014 to 30th September, 2014 cannot be provided as they are third
party information and information of
commercial confidence, trade secrets or intellectual property, the disclosure
of which would harm the competitive position of a third party, which is
exempted under section 8(1)(d) & (j)
of the RTI Act.
In case you intend to prefer an appeal against the
above, you may prefer your appeal within 30 days from the date of receipt of
this communication, to the Appellate Authority under the Act whose address is
as under:
The
General Manager (IT Support Services & QA)
State
Bank Global IT Centre
Sector-11,
CBD, Belapur
NAVI
MUMBAI – 400 614
II. First Appeal dtd. 22/12/2014 to First Appellate Authority, State Bank of India
Dt. 22/12/2014
First
Appellate Authority
The
General Manager (IT Support Services & QA)
State
Bank Global IT Centre
Sub: First Appeal under RTI Act 2005 in
respect of my application dtd. 01/10/2014- CPIO refusal to supply the
information. CPIO letter No. IT/S&C/14-15/RBK/459 dated 08/12/2014 refusal
to supply the information (copy attached)
Dear Sir,
1.
I have
sought the information under RTI Act 2005 as per my application dated
01/10/2014 (copy attached).
2.
My
First Appeal is with reference to the point no. 1(iv) to 1(xi) of my RTI
application dtd. 01/10/2014 for which the present CPIO has not supplied the
information. The said RTI application for these points was transferred by CPIO
and DGM, State Bank of India (IT Operations and Technical Support Centre). The
present CPIO under reference against whom the First Appeal is being preferred
has responded to point no. 1(x) to 1(xi) vide his Letter No. IT/S&C/14-15/RBK/459 dated
08/12/2014. Neither there is any response to the point no. 1(iv) to 1(ix) nor
the application has been transferred to any other CPIO.
3.
As far
as response to point no. 1(x) to 1(xi) as referred by CPIO are concerned are
also without supplying any information taking provision of Third Party
information.
4.
I have
not asked to supply any information pertaining to the Third Party as can be
seen in my application dated 01/10/2014. Broadly I have requested information
about State Bank of India to supply me the information on expenditure incurred
by State Bank of India towards sending transactional messages to the SBI
Account Holders. This is not in any way connected to the Third Party
information but is connected to only information pertaining to SBI which is a
public authority.
5.
The
information is also of not a commercial secret as various annual financial
reports are subject matter of public domain. In fact SBI has been violating RBI
directives of 26th November 2013 and Ministry of Finance order on
SMS alert services. The order stipulates for Bank to charge customers on actual
usage basis and the Bank has been adapting to the unethical practices by
charging customers even as high as Rs. 60/- per annum despite being no
transaction carried out by the customers. It is estimated that SBI might be
having not less than 50 crores customers who might be getting exploited by such
unfair trade practices and hence the information is of public interest. SBI is
hiding its carrying on of alleged unfair trade practices by invoking irrelevant
section 8(a)(d) & (j) In view of above the invoking of Section 8(1)(d) & (j) is irrelevant
to the present context.
6.
In
view of foregoing, I would request you to kindly arrange to supply of the
information for the points no. 1(iv) to 1(xi) as per my RTI application dtd.
01/10/2014 and received by the said CPIO on transfer from another CPIO of the
same public organization
III. FAA order dtd. 30/01/2015 conveyed vide letter No. IT/S&C/14-15/RBK/569 dtd. 30/01/2015
UNDER SECTION 19(1) OF THE RIGHT TO
INFORMATION ACT, 2005
DECISION
No.008/2014-15
APPEAL
No. RA-007/2014-15
Name and Address of the Applicant
|
:
|
Shri S.K. Virmani,
|
Name of the CPIO and Public Authority
|
:
|
CPIO & Deputy General Manager (S&C),
Strategy & Coordination Department, ‘C’ Wing, Ground Floor, State Bank
Global IT Centre, Sector-11, CBD Belapur, Navi Mumbai - 400614
|
The present appeal dated 22.12.2014 received on
26.12.2014 has been preferred by Shri S.K. Virmani hereinafter referred to as
the Appellant, to provide response of query no. 1 (iv) to 1 (xi) and against
the reply No. IT/S&C/14-15/RBK/459 dated 08.12.2014 of Shri D.S. Mishra,
CPIO & Deputy General Manager (S&C), Strategy & Coordination
Department, ‘C’ Wing, Ground Floor, State Bank Global IT Centre, Sector – 11,
CBD Belapur, Navi Mumbai – 400614.
Facts:
B) Shri S.K. Virmani the applicant, vide his
application dated 01.10.2014 sought the following information under the RTI
Act, 2005 from the CPIO”
1 “(i) Copy of
the file notings and movement of my RTI application dated 28/08/2014 and any
other related document during the period it is received by the concerned CPIO
and till the time it is finally disposed off.
(ii) Details of 9
numbers of credit and debit transactions, as stated in letter no.
DZO-I/R-4/RTI/193 dated 25/09/2014 issued by CPIO & Regional Manager,
Region – 4, New Delhi, from quarter ending 31st December 2013 till
quarter ending 30th June 2014 and quarter ending 30th
June 2013.
(iii) Details of
the content of 9 SMS alerts as stated in above letter.
(iv) The delivery
report of 9 SMS alerts as referred in above letter.
(v) Is there
minimum limit prescribed by SBI/RBI for the amount of transactions for sending
SMS Alerts?
(vi) Please
supply me the prescribed minimum limit of the transactions (credit and debit)
for sending SMS Alerts. Please supply me the copy of the internal order of SBI
or RBI under prescribing minimum limit of transaction for which SMS alerts are
required to be sent to the customer.
(vii) Whether SBI
charges customers for sending the SMS informing customers about deduction of
Rs. 15/- by State Bank of India towards SMS alert from the customers account.
(viii) Please
supply me the true copies of complete internal note sheets and any other
connected document in regard to implementation of RBI Notification No. RBI/2013-14/381 DBOD No.
Dir.BC.67/13.10.00/2013-14 dated 26/11/2013.
(ix) Please
supply me the true copies of the internal note sheets and movement of order No.
F.No. 7/72/2014-BOA dtd. 14th August 2014 issued by Department of
Financial services, Ministry of Finance, Govt. of India.
(x) Please supply
me the information of rates per SMS being paid by State Bank of India to the
SMS vendor.
(xi) Please
supply me the information of Total charges paid by the State Bank of India to
SMS vendor for transactional messages and the total amount recovered from the
customers for the financial year 2013-14 and for the period 1st
April 2014 to 30th September 2014.”
C) The information for point no. 1 (iii), (iv) and
partly for (xi) had been directly replied to appeallant by the CPIO & Dy.
General Manager (Business Operation), State Bank, Global IT Centre CBD belapur
on 27.11.2014 vide their letter No. OPsnTS\2014-15\BOG\671.
D) Shri Virmani has also made an appeal to the FAA
& CGM (BO) against the reply provided by the CPIO & Dy. General Manager
(RTI), Corporate Centre, on the point no. 1 (v) to (ix), which is being dealt
with by him separately. (As per mail received from DGM, RTI, corporate Centre.)
E) Based upon the response received on 16.09.2014
from Tech.Operations Channels & Others Department of State Bank Global IT
Centre, CD Belapur vide their letter No. TOCO/2014-15/VMK/645 dated 03rd
December, 2014, the CPIO replied to the applicant vide his letter No.
IT/S&C/14-15/RBK/459 dated 08.12.2014 as under:
1)(X) to (XI) The details of rate per SMS paid to
SMS vendors and Total Charges paid to SMS vendors for the financial year
2013-14 and from the period 1st April 2014 to 30th
September 2014 can not be provided as they are third party information and information of commercial confidence,
trade secrets or intellectual property, the disclosure of which would harm the
competitive position of a third party, which is exempted under section 8(1)(d) & (j) of the RTI Act.
E) The appellant, in his appeal dated 22.12.2014 has
stated, inter alia, the following grounds for preferring the present appeal:
The
CPIO have denied to supply the information relating to point no 1 (x) to (xi)
bty invoking irrelevant section 8(1)(d)
& (j) and stated that it cannot be provided as it relates to third
party information and information of commercial confidence which is exempted
under section 8(1)(d) & (j) fo the RTI Act.
F) The appellant has prated to arrange to supply the
information for the point no. 1 (iv) to 1 (xi) as per his application dated
01.10.2014.
DECISION:
G) As per the appeal of the appellant for point no.
1 (v) to (ix), the decision would be taken by the concerned Authority.
H) The CPIO & Deputy General Manager(S&C)
vide his letter No. IT/S&C/14-15/SBK/459 dated 08.10.2014 and The CPIO
& Deputy General Manager (Business Operations) vide his letter no.
OPSnTS\2014-15\BOG\671 dated 27.11.2014 has responded according to the
provisions of the RTI act.
I)The Appeal is disposed of accordingly.
J) A copy of this order be forwarded to the
Appellant and the CPIO.
(It is evident from the two articles on the subject that State Bank of India has made joke of RTI Act 2005. The 2nd appeal which lies before Central Information Commission has been made on 20/02/2015. The application is yet to come up for hearing. Till then a question arise as to whether RTI Act is a Myth or Reality as far as State Bank of India is concerned.)
