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. 4/1012/2015-Wel/CD/5954-56 Dated: 07.03.2018
In the
matter of:
Sh.
Kamal Kant
S/o
Sh. Ram Sewak
H.No.
38, Near Chaupal
Saidullazab
Opposite Saket
New
Delhi -110030 .......Petitioner
Versus
The Chief Executive Officer
BSES Rajdhani Power Ltd.
BSES Bhawan, Nehru Place
Delhi -110019 ............Respondent
No. 1
The Deputy Commissioner of Police
Office of the Deputy Commissioner of
Police,
South District, Hauz Khas
New Delhi -110017 ..............Respondent
No. 2
Date of Hearing: 6.03.2018
Present: Sh. P. Bhaskar, Manager, BSES,
Sh. Vivek Rathi, Legal Retainer, BSES
ORDER
The above named complainant, a
person with 75% locomotor disability vide his complaint dated 5.06.2015
received from the court of Chief Commissioner for Persons with Disabilities
vide letter dated 18.06.2015, inter-alia submitted that he is a 38 years old person
with disability. On the evening of
7.10.2013, the main electric line cable of BSES fell on him at Hauz Rani, Press
Enclave, because of the negligence of the employees of BSES. His left leg had to be amputated below
knee. Police also did not investigate
the matter properly. He requested that
he should be rehabilitated and given appropriate compensation.
2. The complaint was taken up with the
respondents vide communication dated 24.06.2015.
3. Respondent
No. 1 vide letter dated 7.7.2015 submitted that as per their record no such
electrocution case of Sh. Kamal Kant occurred on 7.10.2013 at 7.30 p.m. There was also no complaint relating to the
electrocution. The complainant filed FIR
after 6 months of the alleged incidence.
Therefore, the complaint was false and fabricated.
4. Upon considering the rejoinder of the
complainant, hearings was held on 13.10.2015 and 10.11.2015, Respondent No. 2
vide letter dated 10.11.2015 submitted that during the investigation of the
case, no eye-witness of the incidence was found. BSES also informed that no conductor snapped
on 7.10.2013 in that area. The
investigation was still in progress to trace any eye-witness of the incidence.
5. As there was no further report, a
hearing was scheduled on 06.03.2018.
Neither the complainant nor anyone on his behalf appeared during the
hearing. The representatives of respondent No. 1 reiterated their submissions
filed vide letter dated 7.7.2015 and also produced break-down status of 11 KV
of Hauz Rani Press Enclave Road as per which there was no break down complaint.
6. As
per the letter dated 21.2.2018 filed by the Office of Dy. Commissioner of
Police, South District, the investigation of the case FIR No. 227/14 dated
02.04.2014 under section 338 IPC registered at Police Station Saket, was
completed in November, 2017 and an untraced report was filed in the court of
ACMM (South), Saket Court. The Hon”ble
Court disposed off the said case vide order dated 18.12.2017 after the
statement of the complainant. Respondent No. 2 also enclosed a copy of the said
order. In the said order, it is stated
that as per the final report under section 173 CrPC filed by Inquiry Officer,
no clue about the accused could be obtained despite efforts. The Hon’ble Court accepted the untraced
report and directed that the investigation be reopened as and when the clue with
regard to the accused is obtained.
8. In the light of the above, the
complaint is closed and disposed of accordingly.
9. Given under my hand and the seal of the
Court this 06th day of March,
2018.
(T.D.
Dhariyal)
State Commissioner for Persons with
Disabilities
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