Central Information Commission
Samiullah Khan vs Life Insurance Corporation Of India on 21 March, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/LICOI/A/2023/146401
Samiullah Khan .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
Manager (CRM) LIC of India
Divisional Office I, JC Road
Bangalore-560002 .... ितवादीगण /Respondent
Date of Hearing : 11.03.2025
Date of Decision : 21.03.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.07.2023
CPIO replied on : 28.07.2023
First appeal filed on : 02.08.2023
First Appellate Authority's order : 30.08.2023
2nd Appeal/Complaint dated : 29.11.2023
Information sought:
The Appellant filed an RTI application dated 13.07.2023 (offline) seeking the following information:
"LIC Policy Nos. 610491014 dated 28.03.1989 and another policy No. 610491923 dated 13.01.1993 on the name of my mother Ms Nusarat Jehan and were withdrawn without policy holder's (NUSRATH JEHAN) knowledge before maturity & cheques were issued for the same."
The CPIO furnished a reply to the Appellant on 28.07.2023 stating as under:
Page 1 of 6"The information sought on the policy details of the applicant's mother, which is third party information in nature. Hence, we are unable to provide the information under section 8(1)(J) of the RTI Act. However, treating this as a grievance, we have referred the matter to the concerned branch for providing the details to the policy holder immediately."
Being dissatisfied, the appellant filed a First Appeal dated 02.08.2023. The FAA vide its order dated 30.08.2023, held as under.
"Upon submission of Letter of Authorization dated 02.08.2022 by the Life assured in the Appeal stage authorizing the appellant to act on behalf of the Life assured, we provide the information sought as below:
1. LIC Policy 610491014 - Maturity claim was due on 20.03.2005. As per available records, Cheque No. 37634 dated 28.03.2005 for Rs. 15661/-
was issued on the said policy. The Branch could not confirm and provide the details of the said cheque as the branch records were examined at our end & found that cheque records were not available in the individual maturity payable file of the branch.
2. LIC Policy 610491923 - Maturity claim was due on 13.01.2005. As per available records, Cheque No. 95945 dated 13.01.2005 for Rs. 38111/- was issued on the said policy. The Branch could not confirm and provide the details of the said cheque as the records are not currently available at their end. The said entry is of an old data and the amount payable to the life assured, if any, shall be as per rules of payable on date of maturity.
As per the Guidelines for Preservation and Destruction of Old records, all documents are to be destroyed after preservation period of 10 years. Since the claim has been paid beyond this preservation period, the underlying Bank statements/cheques may not be available. However, the branch has been instructed to check if any details related to the payment of these policies can be retrieved from the old bank records. Moreover, in the interest of the policyholder, the Branch had sent a detailed letter to Life Assured informing the same on 28.07.2023.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-Page 2 of 6
Appellant: Present through video conference. Respondent: Shri C.R. Arvind, CPIO & Manager CRM, appeared through video conference.
The appellant inter alia submitted that he was not satisfied with the reply given by the respondent. He stated that his mother had a bought two LIC policies (LIC Policy No.610491014 dated 28.03.1989 & another LIC Policy No.610941923 dated 13.01.1993 and the same policies were encashed without his mother's knowledge before maturity and cheques were issued for the same. Further, he added that he inquired with Canara Bank, lnfantry Road, Bangalore and Bank issued a statement showing no transactions have taken place during that period - neither deposited nor credited in his mother's Bank Account.
The respondent while defending their case inter alia submitted that they had filed a detailed written submissions dated 06.03.2025 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the appellant. The relevant paras of the written submission are reproduced as under:
In the RTI stage since the applicant sought Information on the said policies 610491014 & 610941923 on the life of Ms. Nusarat Jehan, applicant's mother, CPIO replied that the information sought were third party information in nature and hence we are unable to provide the information under section 8 (1) (j) of the RTI Act. However treating this as a grievance, we have referred the matter to the concerned branch for providing the available details to the policy holder immediately. Accordingly, letter was sent to the Life assured by the branch on 28.07.2023, copy attached.
In the first appeal stage, letter of authorization from the life assured was submitted and hence the available information was provided as mentioned above.
It is submitted that as per the available information with Respondent branch office (Deemed PIO) that under policy 610491014, maturity proceeds of Rs. 19646/- was paid vide cheque No: 37634 dated 28.03.2001 and for policy 610941923, maturity amount of Rs. 38111/- was paid by cheque No: 59763 dated 13.01.2005. Branch as per the letter dated 19.07.2023 confirmed that they are unable to provide the details of information of encashment of the said instruments as the Page 3 of 6 records including digital records are not available currently and also confirmed that the same were not available in unclaimed amount payable to the life assured.
It was also confirmed vide our RTI appeal that as per the guidelines for preservation and destruction of old records, all documents related to bank reconciliation including bank statements received from bankers can be destroyed 3 years after the expiry of financial year and Bank account transaction can be destroyed 4 years after the expiry of financial year. Accordingly, the said records are said to be Destroyed by the branch office vide office Order dated 03.07.2007 and 03.06.2013 respectively.
It is the practice that on receipt of duly executed Maturity Discharge form signed by the Policy holder, the maturity cheques are prepared with cheque date as the maturity date of the policy or the claim settlement date whichever is later. In the current case both cheques were post-dated with date of maturity of the said policies.
As per policy on Life Insurance Corporation Preservation of Documents-
"All records pertaining to Claim-Time limit when records are to be destroyed- After 10 years from the close of financial year in which the amounts were paid, payable"
As such all the related documents related to payments e.g., paid dockets and Bank statements etc., have been destroyed. Notes for destruction of old records have been attached herewith.
However, this office of the Public Authority has approached the then Bankers, Central Bank of India of the branch unit 61B and bank statements giving confirmation of the debit of both cheques have been obtained. The respective pages of the Bank statement have been attached herewith.
Both cheques amounts were debited on or after maturity dates. Hence the arguments that the amounts were withdrawn before maturity dates are not tenable.
Further, as per the oral communication with Bank officials, it was informed that before the implementation of Core Banking system in 2007, the credit bank account details were noted manually on the back side of the instrument and hence are not available with Bank Branch.
Page 4 of 6Information sought has been provided to the appellant; also, LIC officials have gone out of the way to search 22/24 years old record to redress the grievance of the appellant. All RTI provisions have been complied with.
The Appellant has approached the Public Authority after 22/24 years from maturity dates of policies. The possibility of the credit of the amount in other Bank account of his mother cannot be ruled out. Hence the appellant is requested to check the entries in other Bank accounts of his mother. Further, the appellant is requested to follow up the matter with the Branch 61B for the awaited reply from the Central Bank of India for credit account details.
Section 8 (3) of the RTI Act 2005 "any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section"
In the light of the above, we humbly request the Hon'ble Information Commissioner to dismiss summarily second Appeal dated 08.09.2023 filed by Mr Samiullah Khan."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the CPIO initially denied the information under Section 8(1)(j) of the RTI Act. However, upon submission of authorization by the policyholder, the FAA provided partial information available with them vide order dated 30.08.2023.
According to the respondent's guidelines for preservation and destruction of old records, financial records, including bank statements, are retained only for a specific period before being lawfully destroyed. Since the policies in question matured more than 20 years ago, it is reasonable that relevant financial documents, including cheque clearance records, are no longer available.
The Commission appreciates the effort taken by respondent LIC officials to trace old records despite their destruction. The respondent office even reached out to the bank concerned to confirm if any further details could be Page 5 of 6 retrieved. However, the bank confirmed that no additional records were available.
The appellant has grievance which may be raised before an appropriate forum, as the RTI Act is primarily a tool for transparency and not grievance redressal. In view of the above, the Commission finds that available information has been furnished to the appellant and further intervention is warranted under the RTI Act.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA Manager (CRM) LIC of India Divisional Office I, JC Road Bangalore-560002 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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