Information regarding transfer of the insurance of a vehicle without the transfer of registration to the purchaser was sought from IRDA - Respondent: Erstwhile India Motor Tariff is available in public domain - CIC: Available information has been provided
1. The appellant, Shri Subash Sidasna, submitted RTI application dated August 2, 2013 before the Central Public Information Officer (CPIO), Insurance Regulatory & Development Authority, Hyderabad seeking information as to whether without the transfer of registration of vehicle from transport department the insurance of the vehicle can be transferred to new purchaser and attested copy of Insurance Regulatory & Development Authority ruling on the same etc. through a total of 3 points.
2. Vide reply dated August 29, 2013, the CPIO furnished point wise reply to the appellant. Not satisfied with the decision of CPIO, the appellant preferred appeal dated September 7, 2013 before the first appellate authority (FAA) seeking information. Vide order dated October 3, 2013, the first appellate authority (FAA) further clarified the position upheld the decision of CPIO.
3. Dissatisfied with the response of the public authority, the appellant preferred appeal before the Commission.
4. The matter was heard by the Commission. The appellant submitted that he had sought information from Insurance Regulatory & Development Authority regarding transfer of the insurance of the vehicle without the transfer of registration to the purchaser but no information had been given to him. The respondent submitted that information sought under point 1 & 3 with respect to transfer of registration of vehicle and insurance policy was in nature of seeking opinion and therefore did not come within the purview of information as defined u/s 2 (f) of the RTI Act, 2005 and that the General Regulation GR 17 if the erstwhile India Motor Tariff which lays down the norms relating to transfer of insurance on transfer of ownership of motor vehicle which was available in public domain and they had already provided the url in question. They reiterated that they had not issued any ruling in the matter regarding the issue in point 1 of the RTI application. Further, the respondent stated that with respect to point 2, there were no Insurance Regulatory & Development Authority (IRDA) ruling on the subject under point 1 & 3.
5. Under the RTI Act the respondent can only provide the information/documents as available and existing on record. The Hon’ble Supreme Court in the matter of CBSE & Anr. vs. Aditya Bandopadhyay & Anr. (C.A. No. 6454 of 2011) has clarified as under:
“…A public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide ‘advice' or CIC/MP/A/2014/000534 2 ‘opinion' to an applicant, nor required to obtain and furnish any ‘opinion' or ‘advice' to an applicant. The reference to ‘opinion' or ‘advice' in the definition of `information' in section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Act only refers to such material available in the records of the public authority…”
6. The Commission holds that information as available has been furnished to the appellant. The appeal is disposed of.
Citation: Shri Subash Sidana v. Insurance Regulatory & Development Authority in Appeal No. CIC/MP/A/2014/000534