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2023 Insurance July 2023

IRDAI & IIISLA Vs Surveyor & Competition Commission of India

July 28, 2023 legaldeli

It may be that the IRDAI being a regulator and the alleged anti-competitive conduct of the opposite parties are outside the jurisdiction of the Competition Commission of India Act, 2002.

However, few brief but important facts of the case on the dominant position of IIISLA, need consideration to appreciate the grievance of the Surveyor in the case.

Shrikant Ishwar Mendke of Belgaum is the Surveyor & Loss Assessor since 6.12.1984. It was renewed for every five years till 5.12.2019.

He had applied to filed for renewal of the licence on 18.11.2019 which was withheld by IRDAI on the ground that he was not a member of IIISLA.

Membership of IIISLA is mandatory as per the notification dated 22.3.2013 of the IRDAI.

The Surveyor, who was member of the IIISLA, had stopped paying subscription / annual fee since 2008-2009, since, in his opinion, it had failed to make progress within three years of its establishment.

However, in order to comply with the membership requirement, he had applied for membership of IIISLA vide on-line application dated 9.8.2021. No action was taken. The appeal to the IRDAI was closed as per intimation email dated 6.1.2022 that the membership is blocked for non-payment of subscription fee for three years.

By the email dated 9.4.2022, IIISLA raised additional requirements in piecemeal manner which was fulfilled vide email dated 19.4.2022.

He had complaint against IIISLA before the IRDAI vide email dated 22.5.2022 for causing undue delay and arbitration discretion in dealing with his membership application.

IRDAI did not take cognizance of his complaint despite reminders.

The facts of the case give rise to many questions – Is it not the abuse of dominant position and arbitrary powers in not deciding the application for membership as also not taking cognizance of applications / complaints / appeal / reminders by regulator? It is not a case of unfair practices? Where the stake holder should go for justice?

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