An application under subsection 1 of section 6 of the right to information 2005 on behalf of Smt Rajesh Sharma wife of Late army personnel Brij Nandan Sharma to seek information from the regulatory body of the financial institutions in this country i.e. Reserve Bank of India.
The staff of the bank search for deliberate-cunning tricks to harass a woman because of corruption by misusing SARFAESI Act 2002 and violating the the RBI Master Circular on wilful defaulters vide RBI circular (RBI/2014-15/73 DBR.No.CID.BC.57/20.16.003/2014-15 dated July 1, 2015) SARFAESI Act proceeding can be issued even without notice to the borrower.
Central public information officer of the Reserve Bank of India may provide the following information to the information seeker point wise as follows.
1-Can Punjab National Bank auction the house of the applicant if there may be a balance of Rs.50 in C.C. Account of the applicant by misusing provisions of SARFAESI Act 2002?
Please provide a reasonable reply as Right to reason is the indispensable part of the sound administrative system.
2-If the staff of the bank verified the stock in the year to cycle 2017 during the sanction of the loan and in the year 2022 during the renewal of the loan found the same, How can Punjab National Bank may cancel the renewal application in the name of insufficient stock.
Provide the mechanism available to the reserve of India against such corrupt practices of the Punjab National Bank.
3-Provide the provision of SARFAESI Act 2002 which allows auction notice in 2019 then renewal of C.C. Account and then one more auction notice in 2023 without due proceedings of law. Please provide the number of auction notices that can be served to a borrower for the auction of the mortgage and the interval of time between them?
4-Provide the provision of SARFAESI Act 2002 which allows the chief manager to serve multiple arbitrary notices to the borrower by the chief manager Punjab National Bank as done in this case.
5-It must be noted that the applicant from 27-10-2021 to 02-08-2023, has Deposited 3067312.83 Lack In PNB CC account - 0069008700013264. Punjab National Bank did not renew C.C. Loan by arbitrarily saying agency submitted stock Rs.704890 however Om Gas Agency has stock Rs.70 Lakhs.
Please provide the provision of law which gives the arbitrary powers to the chief manager of Punjab National Bank to deal with the renewal application of the applicant Also provide information how the Regulatory body Reserve Bank of India curb such unlawful practices.Please made available the mechanism.
Transparency and accountability is a must in the dealings of the regulatory body Reserve Bank of India so the central public information officer of the Reserve Bank of India may provide the aforementioned sought information.
Widow of army personnel paid Rs.4087020 against cash credit loan account balance Rs.4350939.07 to Punjab National Bank after O.T.S. still exploitation of woman through mental and physical torture by cancelling renewal application arbitrarily.
Grievance Status for registration number : PMOPG/E/2023/0169353
Grievance Concerns To Name Of Complainant Smt Rajesh Sharma
Date of Receipt 25/08/2023
Received By Ministry/Department-Prime Ministers Office
Grievance Description
Financial Services (Banking Division) >> Misbehaviour/Harassment/Corruption by Bank Staff
Bank/Financial Institute : Punjab National Bank
Branch / Name of Bank and Branch : K K Thakur, Chief Manager Inspection and Audit, CO: Bulandshahr
Act of chief manager is ultra vires to provisions SARFAESI Ac
The applicant is not a wilful defaulter as defined under the SARFAESI act 2002 so her loan cannot be declared as non-performing assets by the chief manager not a single terms and conditions defined as follows is applicable on the applicant.
Notice issued by the chief manager Punjab National Bank to auction the home of the applicant was an arbitrary decision harsh and draconian in the nature and such steps by him are unconstitutional violating the human rights of the vulnerable lady who is the wife of late army personnel.
Entire nation respects the army of the country including our great Prime Minister. How can chief manager of the Punjab National Bank deprive the widow of an army personnel through his arbitrary and cryptic dealings which promotes corruption in the working of the bank? Please order an enquiry into the matter so that justice may be available to the applicant and the applicant may not be pressed to live on the road by allowing arbitrary working style of chief manager.
If the borrower becomes a ‘wilful defaulter’ as defined by the RBI Master Circular on wilful defaulters vide RBI circular (RBI/2014-15/73 DBR.No.CID.BC.57/20.16.003/2014-15 dated July 1, 2015) SARFAESI Act proceeding can be issued even without notice to the borrower.
Who is a wilful defaulter?
Deliberate non-payment of the dues despite adequate cash flow and good net worth
Siphoning off of funds to the detriment of the defaulting unit
Assets financed either not been purchased or been sold and proceeds have been misutilised
Misrepresentation / falsification of records
Disposal / removal of securities without bank's knowledge
Fraudulent transactions by the borrower.
Banks/ FIs throwing overboard these norms, classify all the MSME NPAs as wilful defaulters to apply the SARFAESI lever. As per the Act, valuation of the asset has to be done and notify that valuation to the borrower before issuing public notice for auction of property.
Grievance Document
Current Status-Under process Date of Action-25/08/2023
Officer Concerns To Officer Name-Shri Sanjeev Kumar Dhupar (General Manager)
Organisation name-Punjab National Bank
Contact Address-Corporate Office Plot No 5, Sector -32, Gurugram, Haryana
Email Address- pno@pnb.co.in
Contact Number- 01244126244
Reminder(s) / Clarification(s)
Reminder Date Remarks 25/08/2023
According to K K Thakur, Chief Manager Inspection and Audit, CO: Bulandshahr-
1-It does not matter whatever amount you have deposited as the account is still in NPA category, so legal action can be taken as per bank norms.
2-Your account is NPA since 29-05-2019.
3-Then upon borrower request Competent (Circle Sastra) allowed operation in your Current account on 13-12-2022 under tagging arrangement @ 15% for Cash Credit Account which was valid for 6 months.
4-Competent Authority (PLP RAM) renewed your limit last year but due to unavailability of sufficient stock operation was not possible in CC account.
5-Bank has sympathy for you, but Bank only take action as per the norms only.
6-As last stock statement submitted by you is of only Rs. 704890. Hence the operation cannot be permitted.
An enquiry under Article 51 A of the constitution of India regarding corrupt dealings of Bank.
1-Can you auction the house of the applicant if there may be a balance of Rs.50 in C.C. Account of the applicant by misusing provisions of SARFAESI Act 2002?
2-After O.T.S., you did the renewal temporarily and the applicant submitted a renewal application. According to rule, you had to pursue the procedure of law to make the loan N.P.A. but you have not followed but making mockery of provisions of SARFAESI Act 2002?
3 and 4-As one time settlement was fulfilled by the applicant.
5-In 2017, bank granted C.C. Loan on the same stock and in renewal application they are questioning stock. Whether the integrity of Bank staff is not under cloud? Whether it is not corruption?
6-The stock statement submitted by the applicant is of Rs.7025416 obvious from the report of the chartered accountant dated 20 Oct 2022. Vide page 1 of the attached PDF document to the grievance supported by Stock verification report of staff of Bharat Petroleum Corporation Limited as page 2.
To curb the process of renewal is the part of cryptic and mysterious dealings of the corrupt staff of the Punjab National Bank
25/08/2023
To curb the process of renewal is the part of cryptic and mysterious dealings of the corrupt staff of the Punjab National Bank, obvious from their incredible dealings in the matter.
Undoubtedly it is too surprising that the same stock was sufficient stock in the year 2017 when the cash credit loan was sanctioned by the bank staff and now when the renewal application was submitted then this stock has been insufficient stock. This implies that for the sufficient stock, sympathy of the bank staff is must and to garner their sympathy everyone knows what the applicant should do? No doubt the applicant is a credible customer of the bank and no loss to the bank because of the applicant but the bank staff because of corruption harassing a vulnerable lady.
This is a humble request of the widow of an army personnel to order an enquiry into the matter of deep-rooted corruption so that rights of a woman may be safeguarded, and her exploitation may stop.
Your RTI Request filed successfully.
Please note down the following details for further references.
Registration Number RBIND/R/E/23/04849
Name Yogi M P Singh
Date of Filing 29-08-2023
RTI Fee Received 10
Payment Mode Internet Banking, Credit or Debit Card / RuPay Card, UPI
SBI Reference number IK0CKTKEY8
Transaction Status Completed Successfully
Request filed with Reserve Bank of India
Contact Details
Telephone Number 022-22610352
Email Id cpiorbi@rbi.org.in
Online RTI Request Form Details
RTI Request Details :-
RTI Request Registration number RBIND/R/E/23/04849
Public Authority Reserve Bank of India
Personal Details of RTI Applicant:-
Name Yogi M P Singh
Gender Male
Address Surekapuram colony, Shri Laxmi Narayan Baikunth Ma , Riva Road, Mirzapur city PIN Code 231001
Country India
State
Status Urban
Educational Status Literate
Above Graduate
Phone Number Details not provided
Mobile Number +91-7379105911
Email-ID yogimpsingh[at]gmail[dot]com
Request Details :-
Citizenship Indian
Is the Requester Below Poverty Line ? No
(Description of Information sought (upto 500 characters)
Description of Information Sought
The information seeker has sought 5 POINTS in formation from the central public information officer Reserve Bank of India which is attached as the pdf form with this online application.
Concerned CPIO Nodal Officer
Supporting document (only pdf upto 1 MB)