Central Information Commission Judgements

Shri Mam Chand vs Oriental Insurance Company … on 22 May, 2009

Central Information Commission
Shri Mam Chand vs Oriental Insurance Company … on 22 May, 2009
                 CENTRAL INFORMATION COMMISSION
                               .....

INTERIM ORDER

F.No.CIC/AT/A/2008/01497
Dated, the 22nd May, 2009.

Appellant : Shri Mam Chand

Respondents : Oriental Insurance Company Limited

Pursuant to Commission’s notice dated 23.04.2009, this matter
came up for hearing on 20.05.2009. Appellant was absent when called.
Respondents were present through Shri V.V. Mohlla, Manager and
Shri P.K.Jha, DGM & CPIO.

2. The RTI-request of the appellant contained in his petition dated
28.05.2007 was turned down by the CPIO through his reply dated
30.07.2007 on the ground that the records which pertained to the year
1998 were old and untraceable in the respondents’ office. The
Appellate Authority upheld the contention through his decision dated
21.11.2007.

3. From what is seen from the appellant’s written-submission before
the Commission, the documents which respondents claimed to be
untraceable were actually available as late as the year 2006 and were
used as evidence in a Consumer Court proceeding which culminated in
the Consumer Court’s order dated 16.03.2007.

4. In the view of the above, it is directed that the CPIO and the
holder-of-the-information shall file sworn-affidavits within 2 weeks of
the receipt of this order regarding the availability of the file and the
documents covered by the appellant’s RTI-application and whether
these were produced before the Consumer Court in the year 2006.

5. Call for further hearing.

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

( A.N. TIWARI )
INFORMATION COMMISSIONER
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