Shri Gopal Soni vs Insurance Regulatory And … on 30 April, 2009

Central Information Commission
Shri Gopal Soni vs Insurance Regulatory And … on 30 April, 2009
                CENTRAL INFORMATION COMMISSION
                              .....

F.No.CIC/AT/A/2008/01595
Dated, the 30th April, 2009.

Appellant : Shri Gopal Soni

Respondents : Insurance Regulatory and Development Authority

This matter was heard through videoconferencing on 20.04.2009
from the premises of the CIC at New Delhi. Appellant and the
respondents were present at the videoconferencing facility of NIC at
Ajmer and Hyderabad respectively.

2. Appellant, through his RTI-application dated 03.06.2008, sought
certain information regarding his complaint against the New India
Assurance Company Limited in the settlement of his Mediclaim policy.
A copy of the appellant’s RTI-application is enclosed with this order.

3. He was informed by CPIO, IRDA on 07.07.2008 and later by the
Appellate Authority on 24.11.2008 that information solicited by him was
actually held by another public authority, i.e. the New India Assurance
Company Ltd. Appellant was informed that his complaint against the
New India Assurance Company Limited was transferred to the Company
and the reply received from the New India Assurance Company Ltd. had
since been furnished to the appellant.

4. Appellant pointed out that IRDA uncritically relied on the
information furnished to the regulator (IRDA) by the New India
Assurance Company Ltd in respect of the appellant’s complaint against
that Company. As regulator, it was the duty of IRDA to ascertain
whether the actions of the New India Assurance Company Limited had
put into jeopardy appellant’s interest as an insurance-customer.

5. Respondents pointed out that IRDA was not in a position to
resolve the appellant’s grievance vis-à-vis New India Assurance
Company Limited, which had its own independent grievance-settlement
mechanism, which appellant might invoke and activate.

6. Appellant pointed out that it was the duty of the respondents to
transfer his RTI-application to the New India Assurance Company Ltd,
which was an independent public authority.

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7. It is seen that although the appellant’s complaint was transferred
by the respondents to the New India Assurance Company Ltd, his
RTI-application was not. It is, accordingly, directed that within one
week of the receipt of this order, CPIO shall transfer the appellant’s
RTI-application dated 03.06.2008 to the New India Assurance Company
Ltd to furnish a proper reply to the appellant.

8. Appellant also raised a point regarding late receipt of reply from
the respondents to his RTI-application. Respondents agreed to check
the despatch details about the reply, which was sent by Speed Post to
the appellant and inform the appellant suitably. Respondents may do
so within 2 weeks of the receipt of this order.

9. Appeal is disposed of with the above directions.

10. Copy of this direction be sent to the parties.

( A.N. TIWARI )
INFORMATION COMMISSIONER

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