Gopal Sahu Vs. Commissioner MCD | Case No. 1(377)Grv./12-13/CD/751-52 | Dated: 14.06.2017

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. 1(377)Grv./12-13/CD/751-52                                    Dated: 14.06.2017

In the matter of :

Sh. Gopal Sahu

E-119/17-B, Ravidas Camp

Near Mother Diary

Parpargang, Delhi -92                                                             . ........Complainant 

Versus

The Manish Gupta

Commissioner MCD

South Zone9^th Floor,

SPM Civic Centre

New Delhi – 110002                                                      .........Respondent 

ORDER

          The above named complainant with visual impairment vide his complaint received on 12.03.2013 submitted that he was permitted to run the PCO booth at Sarita Vihar, A block market, gate no - 1. The South Municipal corporation permitted him to run the booth. As the gate was closed, his earnings reduced and he could not pay the rent of Rs. 3600/- from April 2011 to March 2013. He has been asked to pay Rs. 6210/- which is includes fine. The complainant  requested to get the amount of the fine waved off.

2.       The complaint was taken up with the respondent vide letter dated 02.04.2013 followed by reminders dated 10.05.2013 and the hearings thereafter. The respondent vide letters dated 19.11.2013, 21.11.2013, 27.11.2013 and 26.03.2014 inter-alia informed that in compliance with the direction of the Commissioner for Persons with Disabilities during the hearings, the request of the complainant for exempting the late fee was considered. But the same could not be exempted. As regards closure of the gate, a representation from Residents Welfare Association was also received alleging that the complainant had shifted the PCO booth and that the booth was allotted by MCD against the law.  It was further alleged that the complainant was misusing the booth by selling Gutka, Cigarettes,  etc through an opening from the boundary wall. The Association requested to direct MCD to shift the booth from their pocket to legally permissible site. 

3.       The respondent vide letter dated 23.07.2015 informed that the complainant had filed a case in Hon’ble High Court of Delhi. Thereafter the then Commissioner for Persons with Disabilities scheduled hearings on 30.07.2015 and 29.10.2015. However, the complainant did not attend.  In fact, the complainant did not attend any of the  hearings on 07.10.2014, 30.12.2014 and 10.03.2015 also.

4.       As the complainant has approach to the Hon’ble High Court of Delhi and he has not been attending the hearings, the case is closed.       

  

                                                                                  (T.D. Dhariyal )

 State Commissioner for Persons with Disabilities