Central Information Commission
Mr.Sushil Kumar Jain vs National Insurance Co. Ltd. on 1 March, 2013
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/2012/001548
Appellant /Complainant: : Shri Sushil Kumar Jain, Kolkata
(Sh.Dev Anand Agarwal
Represented the appellant)
Public Authority : National Insurance Co. Ltd.,
Kolkata
(Sh.BharCPIO, Sh.P.R.DassFAA,
through videoconferencing)
Date of Hearing : 01 March 2013
Date of Decision : 01 March 2013
Facts:
1. Appellant submitted RTI application dated 2 May 2012 before the CPIO, National Insurance Company Limited, Divisional office XXII, Kolkata to obtain general information regarding norms/circulars/guidelines issued in regard to the registration, handling, settlement and disposal of claims, for conducting physical inspection, for disposal of salvage material, for making on account claim payments and also with specific reference to action taken in the matter of insurance claim made against fire policy no.150109/11/08/ 3100000349 through 10 points - enclosed herewith as Annexure A.
2. Not receiving a response from the CPIO, appellant preferred appeal dated 8 June 2012 before the first appellate authority who informed the appellant vide his order dated 13 June 2012 that the CPIO would provide him with the requested information. Subsequently Vide his letter of 29 June 2012, CPIO provided point wise information to the appellant.
3. Being aggrieved and not being satisfied by the above orders, appellant preferred second appeal before the Commission. Matter was heard today via videoconferencing from Kolkata where both parties as above were present in person and made submissions.
Appeal: No. CIC/DS/A/2012/001548
4. Appellant was aggrieved by the fact that the public authority had not adhered to the provisions of section 4 of the Act which casts obligations on public authorities to suo motu place various categories of information into the public domain including the names of the CPIO and the first appellate authority. Appellant gave several instances and examples of the lapses on this count by the National Insurance Company Limited. Appellant was also aggrieved by the fact that he had not been provided with full and complete information as held by the public authority in response to his RTI application and that whatever information he was provided was way beyond the 30 day period prescribed under the Act and that the letter was not signed by the CPIO but by the Divisional manager and the name and designation of the first appellate authority was also not conveyed to the appellant in the order of the CPIO. Further, appellant made certain allegations regarding backdating of documents which were provided to him.
5. Respondent submits that the information sought particularly in points 1, 2, 3 and 4 are not specific but very general requests for information which cover a vast area within the various disciplines of the insurance industry thereby making the task of providing information very difficult.
Decision notice
6. After hearing both the parties, Commission directs as follows:
Points 1, 2, 3, 4 and 5: Appellant has clarified that information sought pertains to fire insurance claims. Accordingly the CPIO will provide copies of any general internal circulars etc previously not furnished to the appellant. In case no other information is available, CPIO will provide affidavit to the Commission with copy to the appellant that full and complete information as held by them has already been provided to the appellant. Point 9: Both parties have agreed that copies of correspondence and communications exchanged between the public authority and the surveyor with reference to the appellant's claim under the aforementioned fire policy have already been provided to the appellant. Now, appellant requests for proof Appeal: No. CIC/DS/A/2012/001548 of dispatch of the said letters, which information, the appellant states is not readily available. CPIO is directed to put in serious effort to try and locate this information and to provide the same to the appellant. Point 10: Respondent states that information as held by them has already been furnished to the appellant who denies the same. CPIO is directed to ascertain if there is any other correspondence other than what has already been furnished to the appellant and provide the same to him. In this matter appellant submits that he had been provided with letter dated 16 November 2011 which is signed by Regional manager Kolkata RO - II in which a reference is made to DPG letter of 23 December 2011 and has expressed concern that this letter of 16 November 2011 is back dated on this account. Commission directs the CPIO to ascertain if this is a typographical error and intimate the facts to the appellant. Information as above to be provided within four weeks of receipt of the order.
Commission notes that the information furnished to the appellant by the public authority is well beyond the prescribed period of 30 days from the date of receipt of the RTI application. Accordingly show cause notice is issued to the then CPIO to show cause why penalty should not be imposed upon him for having contravened the provisions of the Act relating to timeframe prescribed for providing information. Accordingly he is directed to send written submission to the Commission within two weeks of receipt of this order giving reasons for such delay and to appear before the Commission on 6.5.2013 at 11.00 AM at NIC Video Conferencing Studio, 18, Rawdon Street, 1st. Floor, Kolkata700017 (West Bengal) Contact Officer - Mr. Devashish Chandra, Tech. Director and Contact No. 033 22877320 / 22804061 for personal hearing.
Commission is dismayed to note that the public authority had failed to appoint CPIO In respect of Divisional Office - XXII which is yet another flagrant violation of the Act. Such acts reflect the casual and nonserious approach of the public authority in fulfilling the basic obligations cast upon them by the transparency act and they are warned to be more careful Appeal: No. CIC/DS/A/2012/001548 in future and also to review their present setup in respect of the RTI regime and to strengthen it.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Sushil Kumar Jain C/o S. Saraogi & Co., Room No. 9, 2nd. Floor, 1/1A, Vansittari Row Kolkata700001 (WB)
2. The CPIO National Co. Ltd., Kolkata Division - XXII, National Insurance Bldg., 8, India Exchange Place, Gr. Floor Kolkata700001(WB) 3 The Appellate Authority Regional Manager National Co. Ltd., Kolkata Regional OfficeII, National Insurance Bldg., 8, India Exchange Place, Gr. Floor Kolkata700001(WB) Appeal: No. CIC/DS/A/2012/001548