Central Information Commission
Mr.Anand vs The Oriental Insurance Co. Ltd. on 29 January, 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/2013/000343/MP
Appellant : Shri Anand, Sonepat
Public Authority : OICL, Kolkata
Date of Hearing : 29 January 2014
Date of Decision : 29 January 2014
Facts:
1. The appellant Shri Anand submitted RTI application dated 01 December 2012 before the Central Public Information Officer (CPIO), Oriental Insurance Co. Ltd., Kolkata; seeking information in relation to the theft claim of Truck No. HR 69A7448 through policy no.311800/2009/24245 through total of 02 points
2. Vide CPIO order dated 07 December 2012, CPIO furnished the pointwise information to the appellant. Not satisfied by the CPIO's reply, the appellant preferred appeal to the First Appellate Authority (FAA) dated 15 December 2012. No order has been passed by the FAA. Being aggrieved and not satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
3. The matter was heard today via videoconferencing. The appellant Shri Anand was present and made submissions from Sonepat. The respondents Shri D. K. Mishra Regional Manager and CPIO and Shri P Upadhaya, DM, CPIO were also present at the hearing and made submissions from Kolkata.
4. The appellant submitted that no specific information has been provided till date regarding the status of the pending claim for the theft of his truck. The CPIO submitted that several communications were sent to the appellant seeking original documents (eight documents) to settle the theft claim as per the rules of the organization. The letters (including FAA order) were sent on 14/3/2011, 24/7/2012, 29/8/2012 (FAAO) and 7/12/2012. No original documents were submitted thereafter by the appellant. Further, an investigation was carried out by "Royal Associates", private investigators, hired by the public authority. and it was found that the appellant had sold off the truck to one of his relatives and hence as per rule the appellant cannot claim any insurance amount. They also submitted that they had a copy of a statement given by the appellant for acknowledging the sale of the truck in question to a relative. However, appellant at the hearing, has refused that any change in the name in the registration certificate or insurance papers of the Vehicle has been done till date. He also denied having received any communications as mentioned by the respondents and submitted that he had sent the requisite documents for sanction of his claim. The CPIO also submitted that the matter is pending before the Consumer Forum at Chandigarh.
5. The Commission has heard both the parties in detail. A perusal of the FAAO dated 29 August 2012 highlights the contradictory stands taken by the FAA in the present case. In para 2 and 4 of the FAA's letter dated August 29, 2112, the DGM and FAA stated that ' the final status of the claim is that it is outstanding' in their books and that ' no photocopy can be provided as the claim has not been denied so far'. In para 3 of the same letter it has been stated that the 'final outcome has been intimated to Insured, copy of letter is enclosed". The respondents could not explain this contradiction during the hearing. The CPIO proposed to examine the case thoroughly on receipt of the requisite documents.
Decision Notice
6. The appellant will provide acknowledgement of receipt of documents which establishes that the documents were submitted to CPIO, OICL within 10 days.
7. The CPIO will intimate the final outcome in the matter within three weeks of receipt of the above.
8. The appellant is free to approach the Commission, in case of non compliance of the above directions given to the CPIO.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K.Mohapatra) Dy.Secretary & Dy.Registrar Tel.no.01126105027 Copy to:
1. Mr.Anand, S/o Shri Dharam Singh, Village Raipur, District Sonepat Haryana
2. The CPIO The Oriental Insurance Co. Ltd.
Regional Office, 4, Lyons Range Kolkata700001
3. First Appellate Authority The Oriental Insurance Co. Ltd.
Regional Office, 4, Lyons Range, Kolkata700001