Central Information Commission
Mr.Dhruv Kumar vs Insurance Division on 30 June, 2011
1
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2011/000027
Appellant /Complainant : Shri Dhruv Kumar,
Lucknow
Public Authority : IRDA, Hyderabad
(Shri DVS Ramesh, CPIO -
through video
Conferencing)
Date of Hearing : 30 June 2011
Date of Decision : 30 June 2011
Facts:
1. Information regarding Keyman insurance policies was sought by the appellant who preferred RTI application dated 7 May 2010 before the CPIO, IRDA , Hyderabad - enclosed herewith as Annexure A.
2. Appellant was provided point wise information vide CPIO order of 10 June 2010.
3. Appellant preferred appeal dated 10 July 2010 before the first appellate authority.
4. Matter was decided vide FAA order dated 17 August 2010 through which the matter was remanded back to the CPIO with directions to substantiate his decision to withhold the information in terms of section 8 (1) (d) of the Act.
5. Being aggrieved by the above decisions, the appellant preferred second appeal before the Commission. Matter was heard today through videoconferencing. Respondent was present and heard Appeal : No. CIC/DS/A/2011/000027 2 from Hyderabad. Appellant made submissions from Lucknow.
6. Respondent stated that through point 1 and 2 of the RTI application, appellant had sought a copy of the inspection report prepared after investigating the issue of providing Keyman insurance cover by ICICI Life Insurance Company along with unit linked plan after 27 April 2003. He submitted that this information could not be provided to the appellant and denied the same under section 8 (1) (d) of the Act as disclosure would hurt the commercial interests of the company. On his side, appellant drew the attention of the Commission to circulars issued by IRDA dated 27 April 2005 and 30 January 2006 which clearly stated that the Authority was aware of some of the aberrations that have taken place in the month of March 2005 in the matter of sale of Keyman Insurance. It was also stated that the Authority intended to conduct a detailed examination of the policies marketed in March 2005. In the second circular too, the Authority has observed that some insurers are selling Partnership insurances through endowment or unit linked policies and warned insurers against any circumvention of the circular. Appellant pleaded for greater transparency in this matter as it was in public interest.
Decision notice
7. Having heard both sides, Commission directs respondent to provide a copy of the inspection report prepared after detailed examination conducted by IRDA on the issue of the RTI application and provide the Appeal : No. CIC/DS/A/2011/000027 3 same to the appellant after taking action under section 10 (1) of the Act by severing all those parts which if disclosed would impinge on the commercial confidentiality of the thirdparty.
8. Information to be provided within four weeks of receipt of the order.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Copy to:
1. Shri Dhruv Kumar 227, Ansal City Centre Behind Tulsi Cinema 2, China Bazar Road Hazaratganj, Lucknow226001
2. The CPIO IRDA, Parishram Bhavan 5958/B, 3rd. Floor, BasheerBagh Hyderabad500004(AP)
3. The Appellate Authority IRDA, Parishram Bhavan 5958/B, 3rd. Floor, BasheerBagh Hyderabad500004(AP) Appeal : No. CIC/DS/A/2011/000027