One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: When the Insurance Ombudsman refused to hand over the audio/video recording of a hearing despite repeated requests, the client used the RTI Act, 2005 — filing two appeals — to force disclosure. The Central Information Commission (CIC) eventually directed the Ombudsman's office to provide the recording within three weeks. It took 18 months, but the crucial evidence was finally obtained. This method is replicable and underutilised.
Vikram Malhotra, a 42-year-old businessman from Indore, had a health insurance policy with Bajaj Allianz General Insurance. In early 2025, he filed a claim for a critical illness. The insurer rejected it. Vikram then approached the Insurance Ombudsman in Bhopal. After a hearing, the Ombudsman passed an "award" stating that Vikram had accepted a settlement offer — something he vehemently denied.
Vikram requested a copy of the hearing recording. The Ombudsman's office refused. They claimed the recording was a "composite recording of multiple cases" and couldn't be separated. Vikram tried standard complaints and letters. Nothing worked.
That's when he approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao examined the RTI Act's provisions — specifically Section 10 (severability) and the absence of any exemption under Section 8 — and prepared a targeted RTI application. Two appeals and roughly a year later, the CIC ordered the Ombudsman to hand over the recording. Advocate Sudhir Rao's deep understanding of the RTI framework — including the procedural nuances of second appeals — was key to securing this order. Without that domain-specific experience, the Ombudsman might have stonewalled indefinitely.
Key Facts of the Case
- Vikram Malhotra's health insurance claim with Bajaj Allianz was rejected in January 2025.
- The Insurance Ombudsman passed an award stating Vikram had "accepted" a settlement at a hearing — which he denied.
- The Ombudsman refused to provide the hearing recording, citing it as a "composite recording of multiple cases."
- No exemption under Section 8 or 9 of the RTI Act was ever cited.
- Section 10 of the RTI Act requires severance — the Ombudsman could have clipped Vikram's segment but didn't.
- The CIC directed the Ombudsman to provide the recording within three weeks in July 2026.
The Direct Legal Answer
Can the Insurance Ombudsman refuse to give you a hearing recording? No — not if no valid exemption applies. The RTI Act makes every public authority (including the Ombudsman) obligated to provide information unless it falls under Section 8 (exemptions) or Section 9 (infringement of copyright). A "composite recording" is not a valid ground.
What if they give an evasive reply? You file a First Appeal to the First Appellate Authority (FAA) within the same department. If the FAA upholds the refusal, you file a Second Appeal to the Central Information Commission (CIC). Both appeals are free of cost.
Does success mean the underlying insurance dispute is resolved? No. The RTI victory only gets you the recording — the proof. You still need to fight the insurance dispute itself. But without the recording, you're arguing blind. So it's a critical first step.
Advice in Such Cases
Start with a written RTI application. Keep each question factual and precise: ask for the date of the hearing, the name of the officer, the recording itself. Don't ask for opinions — ask for documents.
When you get a vague reply, appeal immediately. Don't wait. And here's the thing: many people stop at the first appeal because they don't know about the second appeal to the CIC. That's the game-changer.
Make no mistake, this takes patience. The CIC backlog is real. Budget 12-18 months for the entire process. Keep every submission in writing. Email, don't call.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
This type of matter — RTI combined with insurance or consumer disputes — demands an advocate who knows both the RTI Act's procedural intricacies and the Ombudsman's internal workings. General practitioners often miss the severability point or skip the second appeal entirely. That's where domain experience matters.
Applicable Sections of Law
- Section 2(f) — Definition of "information" under the RTI Act includes records, documents, memos, emails, and video recordings.
- Section 8(1) — Lists exemptions; if none apply, the information must be disclosed.
- Section 10 — Severability: even if exempt information exists in a document, the rest must be provided after severance.
- Section 19 — Appeals process: first to FAA, second to the Information Commission.
Jurisdiction — Where to File the Case
- The RTI is filed with the Central Public Information Officer (CPIO) of the Insurance Ombudsman's office in the state where the hearing occurred.
- The First Appeal lies with the FAA of the same Ombudsman office.
- The Second Appeal lies with the Central Information Commission, New Delhi (or its regional bench).
- Territorial jurisdiction: file where the public authority is located or where the hearing took place.
Limitation Period
- First Appeal: within 30 days of receiving the reply (or within 45 days if extension sought).
- Second Appeal: within 90 days of the FAA order (or beyond with a condonation application).
- No limitation for filing the initial RTI — but file promptly after the event (within 30-60 days ideally).
- Missing the appeal deadline can be fatal unless condonation is granted; courts are generally liberal but not automatic.
Interim Reliefs Available
- Under RTI, there is no concept of interim relief — the Commission typically decides on disclosure at the final hearing.
- In the underlying insurance dispute, you can seek an interim stay of the Ombudsman's award from the consumer forum or civil court.
- In the insurance case, you can also apply for a temporary injunction under Order 39 CPC to prevent the insurer from acting on the contested award.
- Early interim relief preserves the status quo and prevents prejudice while you gather evidence.
If You Are the Victim
- File an RTI immediately after the Ombudsman's award or any evasive reply.
- Keep a log of every communication — date, time, name of officer, what was said.
- Don't accept any verbal assurance. Get everything in writing.
- If the reply is incomplete, appeal. Don't give up at the first hurdle.
- Consider recording your own hearing (with permission) or having a note-taker present.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN)
- Insurance policy and claim documents
- All correspondence with the insurer and Ombudsman
- The Ombudsman's award letter
- RTI application and all reply letters
- First Appeal order from the FAA
- Second Appeal filing receipt and CIC acknowledgement
- Any written submissions filed before the Ombudsman or CIC
What Evidence Is Required?
- The hearing recording itself (obtained via RTI)
- Any contemporaneous notes, emails, or diary entries
- The Ombudsman's award with the disputed "acceptance" statement
- The insurer's correspondence showing the settlement offer was never accepted in writing
- Secondary evidence: if the recording is denied despite the CIC order, you can seek contempt proceedings
How Courts Typically Approach Such Cases
Courts and Commissions consistently uphold the RTI Act's pro-disclosure principle. If no exemption under Section 8 is cited, the information must be provided. The CIC has repeatedly held that a "composite recording" is not a valid ground — Section 10 mandates severance. Courts are sceptical of any public authority that stonewalls without a legal basis. The onus is on the authority to prove an exemption applies, not on the citizen to prove it doesn't.
Timeline of Legal Process
- Day 1: File RTI (online at rtionline.gov.in) — ₹10 fee.
- Day 30-45: Receive reply (often evasive or incomplete).
- Day 45-60: File First Appeal with FAA (free).
- Day 90-120: Receive FAA order (often upholding the refusal).
- Day 120-150: File Second Appeal with CIC (free).
- Day 450-550: CIC hearing (depending on backlog).
- Day 550-570: CIC order directing disclosure.
- Day 570-600: Ombudsman provides the recording (compliance).
- Total: 18-20 months from start to obtaining the recording.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes — but not the RTI part. The RTI itself is a disclosure mechanism, not a dispute resolution process. However, once the recording is obtained, the underlying insurance dispute can be settled through mediation or Lok Adalat if the insurer agrees. The recording may not be needed if a fair settlement is reached. But if the insurer is intransigent, the recording becomes crucial evidence. Settlement is always advisable where possible — it saves time, money, and emotional energy.
Common Mistakes People Make
- Delaying the RTI — file within weeks of the incident, not months.
- Asking vague questions — always ask for specific documents, dates, and records.
- Calling instead of writing — verbal exchanges have no legal record.
- Giving up after the first appeal — the second appeal to the CIC is the most powerful step.
- Engaging a general practitioner who doesn't regularly handle RTI or consumer cases — RTI has its own procedural rhythm (severability, exemptions, appeal timelines) that a domain-expert advocate knows intimately. A non-specialist may miss the severability argument or fail to press the CIC effectively.
- Posting on social media before exhausting legal remedies — it can prejudice your case.
FAQs People Normally Have
Q: Is the Insurance Ombudsman a public authority under the RTI Act?
A: Yes. It was established by the Government of India and is funded by insurance companies regulated by IRDAI. It falls under the definition of "public authority" in Section 2(h) of the RTI Act.
Q: Can they refuse the recording because it contains multiple cases?
A: No. Section 10 of the RTI Act requires them to sever the exempt part and provide the rest. A composite recording is their internal problem — not a valid ground to deny your segment.
Q: Does the CIC have the power to penalise the Ombudsman?
A: Yes. Section 20 of the RTI Act allows the CIC to impose a penalty of ₹250 per day (up to ₹25,000) on the CPIO for unreasonably refusing information, but it's rarely invoked. In this case, the CIC did not impose a penalty — it only ordered disclosure.
Q: What if the Ombudsman still refuses after the CIC order?
A: You can file a contempt petition before the CIC or approach the High Court under Article 226 of the Constitution for contempt of court (if the CIC order has the force of a court order).
Q: Do I need a lawyer to file the RTI and appeals?
A: Not legally required. Many people file themselves. But for complex cases — where the Ombudsman is resisting, or where the recording is critical — a lawyer's drafting and strategy can make the difference between success and a wasted year.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India