Central Information Commission
Mr.N B Mehta vs Insurance Division on 1 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/2010/001940
Appellant /Complainant : Sh. N.B. Mehta,
Bangalore
Public Authority : The New India Assurance
Co. Ltd.,
Chittorgarh (Sh. J.C.
Sharma,CPIO
& Mrs. Chandrika, CPIO -
through video
Conferencing)
Date of Hearing : 01 June 2011
Date of Decision : 01 June 2011
Facts:
1. The applicant preferred RTI application dated 9 July 2010 before the CPIO, The New India Assurance Company Limited, Branch office, Chittorgarh, pertaining to status of claim made against Mediclaim policy number 33084/34/8/11/00000191 along with information whether the Company had ever processed and paid to any Medi claim policy holder, treated by Dr Sunil Parekh , in day care, at Parekh Nursing Home, Mumbai - enclosed herewith as Annexure A.
2. Vide CPIO order dated 20 July 2010 information was provided to the appellant which did not satisfy him and he preferred appeal dated 9 August 2010 before the First Appellate Authority in which he clarified that he had sought information pertaining to the entire Company in respect of the second point in his RTI application. The matter was decided vide FAA order dated 25 August 2010 vide which appellant was informed that countrywide data in respect of the second point was not available with them.
3. Being aggrieved and not being satisfied by the above orders, the appellant moved the Commission in Appeal : No. CIC/DS/A/2010/001940 2 second appeal. The matter was heard today through videoconferencing. Respondent was present and heard from Chittorgarh (audio conferencing) and Bangalore. Appellant was present at Bangalore and presented arguments.
4. Appellant stated that the matter pertained to daycare in respect of patients suffering from blood cancer (in this case his son) at the Parekh Nursing Home which was reputed for providing specialized treatment for this medical condition. CPIO stated that he had already informed the appellant that no such payment had been made by the Branch Office and that he did not hold information in respect of all branch officers of the Company and therefore could not furnish the same. CPIO also stated with great thrust that it was not possible to access this information as it was not maintained in the manner sought by the appellant and pleaded for denial of information under the provisions of section 7 (9) of the Act which provides for furnishing of information in the form in which it is sought unless it would disproportionately divert the resources of the public authority. Appellant countered the argument by stating that with the advent of IT solutions, all Companies could access information quite easily and also argued that if the CPIO of the Branch Office at Chittorgarh could access this information for his branch, the same could certainly be accessed by other Branch offices as well. Appellant appreciated the point of view of the CPIO and reduced the geographical area for which the information was sought to Mumbai and Gujarat regions.
Decision notice
5. After hearing both parties Commission is of the view that the subject matter of the RTI application is sensitive as it pertains to coverage of healthcare provided to cancer patients in the form of day care only. With the progress of science in this sector, it is not uncommon for treatment to be provided even for serious diseases like cancer on a daycare basis Appeal : No. CIC/DS/A/2010/001940 3 without insisting on hospitalization. Therefore, in the Commission's view the furnishing of this information is justified under the provisions of the public interest override section 8 (2) which states that, ".... a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests." The Commission does not agree with the argument of the CPIO that this matter is purely a grievance issue and can be redressed through the grievance redressal mechanism of the Company/Consumer Forum as this would amount to taking a very narrow view of an issue which lends itself to the category of 'larger public interest'.
6. In view of the above, the CPIO is directed to forward within five days of receipt of the order, the RTI application dated 9 July 2010 to the CPIO, Headquarters under section 6 (3) of the Act along with a copy of this order with directions to the CPIO, Headquarters to access the information as held by them/ the Regional and Branch offices/ TPAs in the geographical areas of Mumbai and Gujarat within six weeks of receipt of the order and provide the same to the appellant.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Copy to:
1. Shri N.B. Mehta F704, Gopalan Grandeur Apartment Hoodi Circle, Mahadevpura Bangalore560048
2. The CPIO The New India Assurance Co. Ltd., Branch Office330804, Meeral Hall, Meera Market Appeal : No. CIC/DS/A/2010/001940 4 Chittorgarh312001
3. The Appellate Authority The New India Assurance Co. Ltd., Regional Office2,B, Unity Building Annexe, P.Kalinga Rao Road Bangalore560027
4. The CPIO The New India Assurance Co. Ltd., Head Office, New India Assurance Bldg., 87, M.G. Road, Fort, Mumbai400001.
Appeal : No. CIC/DS/A/2010/001940