Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal : No. CIC/DS/A/2010/001093
Appellant /Complainant : Smt. Fulijharo Devi, Patna
Public Authority : Life Insurance Corpn. Of India, Patna
(Sh. B.K. Das, CPIO and Sh. M.K.
Vasne, AA
Through videoconferencing)
Date of Hearing : 21 /12/2010
Date of Decision : 21 /12/2010
Facts
:
1. The applicant preferred RTI application dated 21 December, 2009
before the CPIO, LIC of India, Divisional Office, Patna seeking information
through five points in respect of Policy No. 514872143 on the life of her
late son Shri Sanjay Kumar – enclosed herewith as AnnexureA.
2. The CPIO vide his order of 2 January 2010 denied disclosure of
information citing the provisions of section 8(1)(e)(j) and (g) of the Act.
3. The applicant preferred appeal dated 20 January 2010 against the
above order before the First Appellate Authority. The matter was
adjudicated upon vide FAA order dated 11 February 2010 by upholding the
order of the CPIO and also providing a speaking order in response to
information sought at para 5 of the RTI application by quoting from the
relevant portion of section 39 of the Insurance Act 1938 as follows :
“……the nominee is statutorily recognized as a payee who can give
a valid discharge to the Corporation for payment of policy money to the
Nominees in accordance with that section.”
4. Not being satisfied and being aggrieved by the above decisions, the
applicant preferred second appeal before the Commission. The matter
was heard today through videoconferencing. Both parties were present
as above and presented arguments. Appellant showed the original policy
bond document at the hearing and stated that the nominee was the
mother of the life assured but the payment of policy money had been
made to the wife of the life assured through fraudulent means and
therefore they sought to have the requested information. Respondent on
the other hand stated that they had taken action as per the prescribed
procedure before releasing the policy money to the nominee who was the
wife of the life assured.
Decision
5. After hearing both parties, Commission directs as follows :
Point:2 : Respondent to provide a; copy of the rules as
prescribed in the manual for processing of claims to the appellant
along with information that the said rules have been followed while
processing the death claim case in respect of the above mentioned
policy.
Point 3 : Respondent to provide the designation of the authority in
the Company who had authorized release of payment as above.
Point 4 : Respondent to provide to the appellant the name of the
nominee in the said policy.
Point 5 : Respondent to provide a copy of the rules governing the
status of nomination in the event of the remarriage of the nominee.
6. Above information to be provided within two weeks of receipt of the
order.
7. Commission takes note of the fears expressed by the appellant that
the information provided to them may be misleading or false. Therefore,
while guarding the privacy guaranteed to the third party by the RTI Act in
respect of his / her personal information which does not have any
relationship with public interest or activity, the Commission directs the
CPIO to present himself before the Commission on 27.1.2011 at
3.30 PM at NIC State Centre, 3rd. Floor, Technology Bhawan Bailey
Road, Patna800015, email : sop_bih@hub.nic.in – Contact officer
& No. – Mr. Sanjay Kumar, ScientistD, 06122220964 / 2236198 /
2545964 (new) in person along with copy of all the rules governing the
subject matter of the RTI application and all the original documents
pertaining to policy number 514872143 so that the commission can satisfy
itself regarding the accuracy of the information provided to the appellant
who is a senior citizen of about 80 years of age and who has lost a young
son.
8. The appellant is free to be present through videoconferencing at the
above mentioned NIC Centre on the same date and time.
9. Ordered as above.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Tel No. 01126105027
Copy to:
1. Smt. Flulijharo Devi
C/o Jagat Narain Singh,
West of B/97, Housing colony,
Lohiabagar, Kabjarbagh, Patna20
2. The CPIO
Life Insurance Corpn. Of India,
Patna Divisional Office,
Jeevan Prakash, Mazharul Haque Path
PB No.135, Patna800001 (Bihar)
3. The Appellate Authority
Life Insurance Corpn. Of India,
Patna Divisional Office,
Jeevan Prakash, Mazharul Haque Path
PB No.135, Patna800001 (Bihar)