Information regarding Survey Licence issued to the McLarens Young Loss Adjusters and Surveyors India Ltd by IRDA - PIO denied disclosure u/s 8(1)(d) – CIC: the use of identical licence number by two companies is a separate issue
20 Oct, 2013Facts:
1. Appellant submitted his RTI application dated 14 October 2011 before the CPIO, IRDA, Hyderabad seeking details in respect of Survey Licence issued to the McLarens Young Loss Adjusters and Surveyors India Limited through six points. Enclosed Herewith As Annexure A.
2. Vide CPIO Order dated 9 November 2011, CPIO denied to disclose information under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the Act.
3. Not satisfied with the CPIO’s Reply, the Appellant preferred first Appeal to the First Appellate Authority dated 7 December 2011.
4. Vide FAA Order dated 4 January 2012; FAA upheld the CPIO’s Order.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today via videoconferencing. Appellant was present at Kolkata while Respondents were present at Hyderabad.
Decision Notice
7. After hearing the submissions, the Commission directs the Respondent to provide information for points no. 1 and 4 of the RTI Application to the Appellant as the same does not attract the exemption under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act within two weeks of the receipt of the Order.
8. In rest of the points of RTI Applications, CPIO’s Order is upheld.
9. Further, Appellant has alleged that identical licence number issued by the IRDA to McLarens Young Loss Adjusters and Surveyors India Limited, is being used by two companies which is contrary to IRDA rules and a complaint has been filed by him dated 16/12/2011 on this issue. Commission is of the view that actions taken by the Public Authority on the said complaint is a separate issue, which can be taken up by appellant in separate RTI application.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Citation: Shri Shankar Chandra Das Gupta v. IRDA in Appeal: No. CIC/DS/A/2012/000453