Central Information Commission
Mrsharad Kashinath Phatak vs New India Assurance Co. Ltd. on 15 April, 2014
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
websitecic.gov.in
Appeal: No. CIC/DS/A/2013/000857/MP
Appellant : Shri Sharad Kashinath
Phatak, Dombivali
Public Authority : NIACL, Mumbai
Date of Hearing : 15 April 2014
Date of Decision : 15 April 2014
Facts:
1. The appellant, Shri Sharad Kashinath Phatak, submitted
RTI application dated 25 October 2012 before the Central
Public Information Officer (CPIO), New India Assurance Co.
Ltd., Mumbai, seeking information regarding the mediclaim
policy no. 111700341101000081 of Smt. Sandhya Walawalkar,
through a total of 5 points.
2. Vide reply dated 22 November 2012, CPIO denied
information sought on the ground that the information related
to a third party, Mrs. Sandhya Walawalkar and that she had not
given her consent for furnishing the information. Not
satisfied by the CPIO's reply, the appellant preferred appeal
dated 18 December 2012 to the first appellate authority (FAA).
Vide order dated 14 January 2013, FAA upheld the CPIO decision
and also clarified the same in detail.
3. Not satisfied with the response of the public
authority, the appellant preferred second appeal before the
Commission alleging that CPIO had failed to show any
supporting document to prove that he had followed the
procedure of S. 11(1) of the RTI Act, 2005 and both the CPIO
and FAA had wrongly applied the exemption provisions in his
case.
4. The matter was heard today via videoconferencing. The
appellant, Shri Sharad Kashinath Phatak, was represented by
Shri Anant Nandu who made his submissions from Mumbai. He
submitted a copy of authority letter in this regard to the
CPIO. The respondents, comprising Shri Ranjit Gangadharan, Dy.
GM/FAA and Shri Hitendra Patel, CPIO(ROI) made submissions from Mumbai.
5. The appellant has submitted that he had sought information regarding the mediclaim policy no. 111700341101000081 of Smt. Sandhya Walawalkar pertaining to the remigration of the mediclaim policy allowed by the respondent company in that case. The appellant alleged that he had been denied the information on the ground that it was a third party information but the respondent had not shown him any letter which could prove that they had sought the consent of third party in this case. The respondents submitted that there was no record available with them of the policy no. which had been mentioned by the appellant in his RTI application and when they altered the no. they found that it was that of Smt. Sandhya Walwalkar, who had already taken the said information 3 times. The appellant alleged that he was asking for the same information in public interest as the remigration of the mediclaim policy of Smt. Sandhya Walwalkar has been allowed, in the same manner this facility could also be provided to the other policyholders. He added that the Insurance Regulatory Development Authority circular on the subject was not being followed by the New India Assurance Co. Ltd. FAA submitted that in this case Section 8(1)(j) of the RTI Act, 2005 comes into effect as the information sought was personal details of the third party. He also submitted that remigration is allowed on the merits of each case and it was wrong to say that NIACL was not allowing remigration and such sweeping generalization is uncalled for. He also submitted that is was basically a grievance issue which was being tried to be resolved through RTI and the respondent company complies with all the guidelines of the IRDA in this regard.
Decision Notice
6. The Commission accepts the submissions made by the respondents. The applicant may like to take up his complaint/grievance at the appropriate forum. The appeal is dismissed.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Tele.No. 01126105027 Copy to:
Central Public Information Officer The New India Assurance Co. Ltd., Mumbai Regional Office New India Bhavan, 34/38, Bank Street, Fort, Mumbai400023.
First Appellate Authority The New India Assurance Co. Ltd., Regd & Head Office, New India Assurance Bldg., 87, M.G.Road, Fort, Mumbai.
Shri Shrad Kashinath Phatak, B7, Somnath Housing Society, Savarkar Road, Near Pitre Building, Phadke Road, Dombivilli (East), Thane421201