Tuesday, May 16, 2017

Smt. Pratima Saxena Vs. DCP New Delhi | Case No. 4/1410/2016-Wel./CD/ 514-515 | Dated: 15.05.2017


Case Summary:

Atrocities: Complainant submitted that her tenant is harassing and threatening her and is refusing to vacate the house or pay rent. Multiple notices were served upon the Office of Deputy Commissioner of Police to enquire into the matter and to present themselves before the Court with no effect. Finally, on 12.04.17 the inquiry officer appeared and submitted a report to the effect that the tenant has been vacated and the property handed over to the complainant. On expression of satisfaction by the Complainant, the case was closed.

Order / Judgement: 


In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2
Phone-011-23216002-04, Telefax: 011-23216005, Email: comdis.delhi@nic.in
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]

Case No. 4/1410/2016-Wel./CD/ 514-515                                   Dated: 15.05.2017

In the matter of:

Smt. Pratima Saxena, 
53, Old Compound,
Mandi House, Bhagwan Dass  Road,
New Delhi-110001.                                                                            .……… Complainant     

                                                                          Versus
The Deputy Commissioner of Police,
District New Delhi,
Parliament Street Police Station,
New Delhi-110001.                                                                                 …...…Respondent
 

Date of hearing:            12.04.2017         

Present:                          Sh. Sunil Kumar, I.O. on behalf of respondent.

ORDER

                  A complaint was received on 12.09.2016 from one Smt. Pratima Saxena, W/o late Sh. Pradeep Saxena, a person with 100% permanent multiple disability stating that one person whom she has introduced as tenant in her house, is harassing her and not vacating the rooms.  He often threatens her including to kill her.  He says that he had repaired the house hence will not pay the rent and will not vacate the house. 

2.               A notice was served upon the Office of Deputy Commissioner of Police, New Delhi District dated 15.09.2016 to enquire into the matter and submit action taken report by 29.09.2016.  No reply was received from the respondent.  Another reminder was issued but no reply was received.

3.               Complainant again sent an email to the Office of Commissioner for Persons with Disabilities on 14.10.2016 requesting for appropriate action. 

4.               In the absence of response from Police, a notice was issued on 15.11.2016 to DCP to instruct the Inquiry Officer to appear before the Deputy Commissioner for Persons with Disabilities on 24.11.2016 alongwith Action Taken Report but the Inquiry Officer did not appear.  Again a notice dated 29.11.2016 was served to DCP, New Delhi District  to appear in person on 15.12.2016 alongwith the Action Taken Report.

5.               On 12.04.2017, the Inquiry Officer appeared in the Office of State Commissioner for Persons with Disabilities alongwith the comprehensive report from DCP, New Delhi District.  As per the report and statement as submitted by Sh. Sunil Kumar, Inquiry Officer, PS, Tilak Marg, the room has been vacated by the tenant and handed over to Smt. Pratima Saxena and at present the said property is under her control.  Police has submitted statements of the neighbours also. 

6.               Smt. Pratima Saxena, complainant was conveyed the status as submitted by the Police.  She expressed satisfaction and hence the case is closed.

           The matter is disposed of accordingly.

           Given under my hand and the seal of the Court this 15th day of May,2017.     


           (T.D. Dhariyal )
                                             State Commissioner for Persons with Disabilities

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