Sunny Jain vs The New India Assurance Company Ltd. on 24 February, 2021

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Central Information Commission

Sunny Jain vs The New India Assurance Company Ltd. on 24 February, 2021

Bench: Neeraj Kumar Gupta

                           के   ीय सूचना आयोग
                     Central Information Commission
                        बाबा गंगनाथ माग,मुिनरका
                      Baba Gangnath Marg, Munirka
                      नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/NIACL/A/2019/129123

Sunny Jain                                            ... अपीलकता/Appellant
                                  VERSUS
                                   बनाम
CPIO                                                  ... ितवादी /Respondent
New India Assurance Company
Limited, New Delhi

Relevant dates emerging from the appeal:

RTI : 13-02-2019           FA    : 26-03-2019         SA      : 19-06-2019

CPIO : 26-02-2019          FAO : 30-04-2019           Hearing : 18-02-2021

                                 ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) New India Assurance Company Limited, New Delhi seeking following information regarding his fire claim:-

1. "Copy of Deputation Note of all the three agencies namely Truth Lab, JSR Surveyors and Loss Assessors and Select Surveyors by the competent Authority together with the scope of work assigned to them.

2. Interim Report on loss, submitted by the appointed M/s Select Insurance Surveyors and Loss Assessors and Mr. S K Aggarwal of JSR Surveyors and Loss Assessors.

3. Copy of Report of Truth Labs with all attachments, enclosures and annexures.

4. Copies of correspondence exchange pertaining to subject claim, between NIA, select surveyors and JSR surveyors and loss assessors.

5. Copy of report submitted by select surveyors and Loss Assessors.

6. Copy of Report submitted by JSR surveyor and Loss Assessors.

7. TAT for submission of Reports for surveyors, investigators and forensic experts.

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8. Copies of correspondence exchanged between Head Office, NIA and Truth Labs."

2. The CPIO responded on 26-02-2019. The appellant filed the first appeal dated 26-03-2019 which was disposed of by the first appellate authority on 30- 04-2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Mr. Sunny Jain attended the hearing through audio conferencing. Ms. Meena Dhingra, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The appellant limited his submissions on supplying copy of the surveyor's report and further apprised the Commission that the matter relates to processing of his own fire claim.

5. The respondent contended that the disclosure of information at this stage would jeopardize the confidentiality of the surveyor involved in processing the fire claim and therefore, they have claimed exemption u/Section 8(1)(d) of the RTI Act, 2005 thereby treating it as matter of commercial confidence. Decision:

6. This Commission observes that the matter pertains to the appellant's own fire claim and the contract of insurance is based on the principle of 'uberrima fides' i.e. 'utmost good faith' in which both the parties, the insurer and the insured, are expected to disclose all material information to each other with regard to the contract of insurance and the information relating to processing of claim of an insured is undoubtedly a material information for such insured. It is the appellant whose interest would be jeopardized if the information is withheld and therefore, the contention put forth by the respondent that disclosure of information sought by the appellant would harm the competitive position of the public authority does not hold good. In view of this, the CPIO is directed to permit inspection of the survey report(s) to the appellant and also to take photo copies of some specific papers on admissible charges thereby redacting the identity of the officers involved in the processing of his fire claim on the mutually convenient date and time, within a period of 15 working days from the date of receipt of this order.

7. With the above observations, the appeal is disposed of.

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8. Copy of the decision be provided free of cost to the parties.


                                                             नीरज कु मार गु ा)
                                       Neeraj Kumar Gupta (नीरज             ा
                                     Information Commissioner (सूसूचना आयु )
                                                    दनांक / Date : 18-02-2021
Authenticated true copy
(अिभ मािणत स यािपत  ित)

S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)


Addresses of the parties:

1.    CPIO
      New India Assurance Company Limited
      Delhi Regional Office-II, 10th Floor
      Scope Minar, Core-1, District Centre
      Laxmi Nagar, New Delhi-110092

2.    Sunny Jain




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