CIC: Reply specifically to whether a request for change of surveyor can be considered at any stage of the survey under existing instructions - CIC recommended u/s 25 that the public authority should prepare guidelines relating to settlement of claims

ORDER

1. Shri Amichand submitted his RTI application dated 24.8.2014 seeking the number of surveys given to Shri Ajay Kumar Jain from 1.4.2010 to 31.3.2011, the number on which the claim and assessment was prepared, the number of files which were deposited without any claim or assessment, the number in which claim file was complete, the number in which the claim file was incomplete. He sought reasons as to why terms and conditions are not given on the cover note and why the claim papers are to be deposited in the surveyor’s house. He also asked a question whether the policy holder could change the surveyor, if the surveyor was bothering the policy holder, the account in which the postal order was to be deposited, etc.

2. The CPIO gave a point wise reply giving the number of survey cases assigned to Shri Ajay Kumar Jain and mentioned that it was not possible to give information regarding details of claims assigned, completed and incomplete, etc. He also gave information about the account in which the RTI fees is to be deposited. In his second appeal, the appellant just mentioned that the response of the CPIO was without his stamp and his name was not there and the information was misleading. No response was made by the FAA. Therefore, dissatisfied with the public authority, he made an appeal to the Commission.

3. The matter was heard by the Commission. During the hearing, the appellant stated that most of the private companies gave detailed terms and conditions relating to the policy on the cover note whereas OICL is not doing it. He also stated that he was not given complete information about the claims assessed, not assessed, complete or incomplete which were submitted by Shri Ajay Kumar Jain. The respondents stated that they had provided the number of cases in which survey was made by Shri Ajay Kumar Jain during the period 1.4.2010 to 31.3.2011. The rest of the information was difficult to be given as they had to see each and every case to compile such information. They also stated that the terms and conditions are on the policy bond but the procedure to settle a claim is not given. When questioned by the Commission on point three as to whether the policy holder could request for a change in surveyor at any stage during the period of survey, the respondents stated that this question related to their administration division and, therefore, it was not possible for them to respond to it.

4. After hearing both the parties, the Commission directs the CPIO to give a clear reply to point 3 stating whether a request for change of surveyor can be considered at any stage of the survey under existing rules/instructions within 10 days of the receipt of the order of the Commission. The Commission also recommends under section 25 of the RTI Act, 2005 that the public authority should prepare guidelines relating to settlement of claims for the policy holders so that the policy holders know the documents required to be submitted for seeking a claim and the procedure involved therein. This will enable the public authority to settle the claims expeditiously.

(Manjula Prasher)

Information Commissioner

Citation: Shri Amichand v. Oriental Insurance Company Ltd, in Appeal No. CIC/MP/A/2014/002260