Central Information Commission
Shri Jayesh H. Shah vs The New India Assurance Co.Ltd., Mumbai on 17 February, 2010
CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 & 011-26107254 website:cic.gov.in
Appeal No. CIC/WB/A/2009/000874-DS
Appellant : Shri Jayesh H. Shah, Ahmedabad
(through video conferencing at NIC Ahmedabad)
Public Authority : The New India Assurance Co.Ltd., Mumbai (through Shri K.V. Krishna,
Deputy General Manager & Shri Surinder Kumar Sharma, Chief Manager
(for AA) through video conferencing at NIC, Mumbai; &
Shri M.C. Desai, Divisional Manager(CPIO)through video Conferencing
at NIC, Ahmedabad)
Date of Hearing : 17/02/2010
Date of Decision : 17/02/2010
Facts:-
The matter in short is that the appellant drew the attention of the public authority to the fact that consequent upon the merging of their two DOs from 01/10/2007, the servers of both DOs were not working properly resulting in considerable delay in handling cases referred to them by TPAs thereby causing inconvenience and financial hardship to the insured. In the spirit of an enlightened citizen, the appellant sought information as follows:-
2. He also drew the attention to the fact that his own son had died due to fatal accident and the claim papers were submitted to the TPA in February, 2009. However, the TPA in spite of sending repeated reminders to the Insurance Company to know about past history CB etc., the DO, Ahmedabad, had not cared to reply to the TPA.
3. It is in this context, that the appellant Shri Jayesh H. Shah vide his RTI application dated 23/04/2009 asked for information from the CPIO.
4. The CPIO refused to provide the information vide letter dated 25/05/2009 citing disproportionate diversion of resource of the Company as reason for denial.
5. Dissatisfied with the decision of the CPIO, the appellant vide his letter dated 19/06/2009 appealed to the first Appellate Authority citing section 8(1)(j) which states the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
6. This was responded to by the first Appellate Authority vide letter dated 01/07/2009 through which information was denied under sub section 9 of section 7 and sub section (d) of section 8(1) of the RTI Act.
7. It is observed that no response was provided to the appellant even in respect of what steps had been taken to put the servers in order in the interest of policy holders.
8. Dissatisfied with this, the appellant has filed the present appeal before this Commission.
9. Heard on 17/02/2010 through video conferencing. Appellant not present. The respondents are represented as above. The respondents stated that CPIO, Ahmedabad Office, had, in fact, written vide his letter dated 19/05/2009.
DECISION
10. In view of the facts brought before the Commission, it is directed that :-
(1) The respondents shall provide the dates of reported failure along with the dates on which the computers were repaired and put back in working order in respect of two DOs mentioned in the RTI application. This data should cover a period of 20 months preceding February, 2009. (2) The respondents will also provide information regarding pendency with the concerned DO for the period 31/12/2007 to 01/09/2008. (3) The respondent will also inform the appellant of the position of his case pending with TPA since February, 2009 along with a copy of the IRDA norms for completing action in such cases.
11. The above information will be provided within three weeks of receipt of this order.
12. The Commission closes the case with the observation that the respondent has shown complete insensitivity in handling this case where clearly the appellant has inspite of his bereavement, sought to strengthen the system and infrastructure for handling cases and reducing pendencies at the Ahmedabad Office of the respondents by taking steps under the RTI Act which has been enacted in order to promote transparency and accountability in the working of every public authority. This Act has been enacted to support the informed citizenry within our democracy in their endeavour to hold governments and their instrumentalities accountable to the governed. It is unfortunate that the representatives of the public authority in this case the Regional Manager, the Deputy General Manager (CPIO) and the Appellate Authority have not strengthened the hands of the appellant in making their own systems more efficient and accountable.
13. The matter is disposed of with the above observations.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(Tarun Kumar) Joint Secretary & Addl. Registrar Copy to:-
1. Shri Jayesh H Shah, 8, Achalayatan Society, Nr. Mayur School, Naranpura, Ahmedabad-380013.
2. The Central Public Information Officer, Under RTI Act, 2005, The New India Assurance Company Ltd, Reg. & Head Office: New India Assurance Bldg., 87 M. G. Road, Fort, Mumbai-400001.
3. The General Manager & AA Under RTI Act, 2005, The New India Assurance Company Ltd, Reg. & Head Office: New India Assurance Bldg., 87 M. G. Road, Fort, Mumbai-400001.
4. Shri M.C. Desai, Divisional Manager(CPIO) The New India Assurance Company Ltd., CLAIMS HUB - Ahmedabad Regional Office - (210000) 401, Fourth Floor, Polular House, Ashram Road, Ahmedabad-380 009.
5. Shri M. Ramadoss Chairman The New India Assurance Company Ltd., 87, Mahatma Gandhi Road, Fort Mumbai-400001.