Terms and conditions of a property rented by the bank was denied u/s 8(1)(d) - Appellant: rent paid by using public money, hence public was entitled to know how much rent was being paid by the bank - CIC: provide details of rent paid per month
9 Dec, 2013ORDER
Facts
1. The appellant filed an application dated 18.08.2012 under the RTI Act, seeking information regarding the terms and conditions of a particular property which was rented by the bank. CPIO denied the information under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the Act vide letter dated 17.09.2012. Appellant filed first appeal before the first appellate authority (FAA) on 18.10.2012. FAA upheld the decision of the CPIO vide order dated 10.11.2012. Appellant filed this present second appeal on 26.11.2012.
Hearing
2. Appellant referred to his RTI application and stated that he was seeking information regarding the terms and conditions of a lease deed of a particular property.
3. Appellant stated that the respondent had denied the information by quoting section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the Act. Appellant stated the information sought by him was not confidential. Appellant stated that the bank took the premises on rent by using public money, hence public was entitled to know how much rent was being paid by the bank. Appellant stated that he wanted to know the amount of rent paid by the bank to the landlord of the premises in question.
4. Respondent stated that the information sought by the appellant was of commercial confidence. Respondent stated that the bank enters into deals with different people for its own business purposes, therefore the information sought by the appellant could not be provided.
5. Respondent stated that the lease deed between the bank and the landlord contained personal details of the landlord, therefore, being third party in nature, the sought information could not be provided to the appellant.
6. Respondent stated that the premises in question was rented by the bank during the year 19901995. Respondent stated that the bank had vacated the premises in the 2005. Respondent stated that the copy of the lease deed could not be traced being an old document.
7. What emerged from the hearing was that the respondent would provide the appellant information about the rent paid per month.
Decision
8. Respondent is directed to provide to the appellant, within 30 days from this order, information about the rent paid per month for the premises in question. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri Aseem Takyar v. State Bank of India in Decision No.CIC/VS/A/2013/000096/05433