Case Summary:
Pradeep
Raj vs. Delhi Urban Shelter Improvement Board
Utilities: Complainant
submitted that the Association for Disabled people was running the Night
Shelter allotted by the DUSIB. This night shelter was getting electricity from
the same connection installed at the community center for marriages and other
functions, with no separate meter. Before handing over the night shelter to the
DUSIB, the Association approached the Executive Engineer for NoC, and the EE
indicated an outstanding bill of 1,12,500/- and also fined the Association for
shortage of articles despite these articles being returned. After
communications, the respondent reworked the amount payable by the association
as Rs. 81,600/- and the Complainant informed that he was satisfied with this.
There were no further communications from the Complainant, and the case was closed
as the major matter had been resolved.
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
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 4/1084/2015-Wel/CD/1456-57 Dated:
08.08.2017
In the
matter of:
Sh. Pradeep Raj
House No. 165, Gali No. 13,
Balbir Nagar Extension,
Shahdara, Delhi-110032. .……… Complainant
Versus
The CEO,
Delhi Urban Shelter Improvement Board,
A-Block, IInd Floor , Vikas Bhawan-II
Upper Bela Road, Delhi-110054. …...…Respondent
ORDER
The above named complainant, a person with
locomotor disability vide his complaint dated 12.08.2015 submitted that the Association
for Disabled People which works for persons with disabilities, was running the
Night Shelter allotted by the Delhi Urban Shelter Improvement Board (DUSIB) at Padam Nagar from December, 2011 to January,
2015. The Night Shelter was getting the
electricity from the same connection which was installed at the Community
Centre used for marriages and other functions.
The NDPL did not allot a separate electric meter to the Night Shelter as
the bills of lacs of rupees were outstanding against the Community Centre. As per the complainant, before handing over
the Night Shelter to DUSIB on 05.01.2015, the Association approached the
Executive Engineer (EE) for NOC. The EE
indicated an outstanding bill of Rs. 1,12,500/-against the Association. Besides, they had imposed fine for shortage of some articles like
daries, blankets etc. although these had been returned to the Officers of DUSIB. The complainant submitted that appropriate
action may be taken against the DUSIB Officials and the outstanding bills and the
fine be withdrawn.
2. The complaint was taken up with the respondent vide Notice
dated 21.08.2015. The respondent vide
letter dated 03.09.2015 inter-alia submitted that the possession of the said night
shelter had been handed over to the Association on 19.11.2011 and the contract
of allotment expired on 30.11.2014. As
per the information provided by the concerned Civil Division C-10, the booking
of the community hall for functions was for a period of 191 days out of total
1110 days from 21.12.2011 to 05.01.2015.
The total consumption of the electricity was worth Rs. 1.50 lacs as per
actual load installed and Rs. 1,12,500/- was worked out based on the
consumption by the Agency, which is 75% of the total amount. As the agency did not return the materials to
the Department, an amount of Rs. 1364/- was ordered to be recovered as the cost
of material. In view of the submissions,
the respondent requested to reject the complaint.
3. The complainant vide his rejoinder dated 24.09.2015,
objected to charging of 75% of the bills from the Association in view
of the fact that a large number of marriages and other parties used to be held
in the Community Centre. The association had applied for an electricity
connection twice; but the same was not provided.
4. Thereafter, the parties were heard by the then
Commissioner for Persons with Disabilities on 02.11.2015 and 26.11.2015. The respondent reworked the amount payable by
the association as Rs. 81,600/-. The complainant informed vide his letter
dated 28.12.2015 that the Association was satisfied with the modification of
electricity bill and did not want further action in the matter. However,
the complainant in a subsequent communication requested that Rs. 5000/- which
DUSIB had taken for re-charging the meter should also be returned which was
taken with the respondent, who vide letter dated 09.01.2017 informed that two
letters dated 28.12.2016 and 06.01.2017 had been written to the complainant for
producing the relevant documents to claim his case. But he has not turned up
with the documents to resolve the issue.
There has not been any correspondence from the complainant after 10.10.2016
and when the complainant was contacted on phone, he informed the Office of
State Commissioner for Persons with Disabilities that he did not want to pursue
the matter as the major issue has already been resolved.
In
the light of the above, the matter is closed.
Given under my hand and the seal
of the Court this 4th day of August,2017.
(T.D. Dhariyal )
State Commissioner for Persons with
Disabilities
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