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. 97/1024/2018/02/6589-91 Dated: 09.04.2018
In the matter of:
Mr. Mohd. Faizan
S/o Sh. Mohd. Aslam
H. No. 21 X, Fatak Wali Gali, Khureji Khas,
Delhi-110051 ................ Complainant
Versus
The Director,
Department of Social Welfare
GLNS Complex
New Delhi-110002
(Attention: Ms. Shilpa Shinde, Director, Social Welfare) ………...…Respondent
No.1
The Branch Manager
Oriental Bank of
Commerce
Laxmi Nagar(Near Nath
Sweet)
Delhi-110082 ………...…Respondent
No.2
Date of Hearing: 07.03.2018
Present: Mr. Mohd. Faizan, Complainant along with his
father Sh. Mohd. Aslam
Sh. Kanwaljeet Singh,
Senior Branch Manager(OBC) on behalf of the Respondent No. 2.
Date of Hearing:` 05.04.2018
Present: Complainant
on phone.
None
on behalf of respondents.
ORDER
The above
named complainant, a person with 75% intellectual disability vide his complaint
received through his father Sh. Mohd. Aslam received through Sh. S.K. Bagga,
MLA Krishna Nagar vide his letter dated 06.02.2018 under the Rights for the
Persons with Disabilities Act, 2016, herein after referred to as the Act
submitted that he has not received disability pension since February,
2017. Department of Social Welfare asked
him to link his Aadhaar (XXXXXXXX5180) to the Bank account
number (XXXXXXXXXX9118) in Oriental Bank of Commerce on NPCI mode. His Bank A/c was still linked to Aadhaar on
KYC mode but not NPCI mode which is mandatory for pension. His father has made a number of visits to the
Bank and Social Welfare Department, but he has not got his pension so far.
2. Sh. Kawaljeet
Singh Ahuja, Branch Manager, when contacted on phone on 08.02.2018, informed
that the said account has been linked to Aadhar on NPCI mode on 03.02.2018. The complaint was thereafter taken up with the
respondents vide notice dated 09.02.2018 and a hearing was also scheduled on
07.03.2018 under the Rights of Persons with Disabilities Act, 2016, hereinafter
referred to as the Act.
3. The
respondent No. 2 vide letter dated 07.03.2018 reiterated that the Aadhaar Number (XXXXXXXX5180) of Sh. Mohd. Faizan has been linked with his SB account No. (XXXXXXXXXX9118) with the bank with DBT flag “Y”.
The report generated of same from the system was also attached. It was also submitted that Sh. Mohd. Aslam
f/o Sh. Mohd. Faizan visited the branch along with one representative from the
office of Hon’ble MLA Sh. S.K. Bagga and the status was confirmed to them about
linkage of Aadhaar with SB account.
4. During the
hearing on 07.03.2018 Sh. Kanwaljeet Singh Ahuja. Sr. Manager also informed
that the pension has not been credited to the account of Mohd. Faizan.
5. Sh. Mohd.
Aslam stated that he visited the office of District Social Welfare Officer of
East District at Geeta Colony three times.
He was not allowed to meet Ms. Seema Bawa, District Social Welfare
Officer by the Attendant and she scolded him and told that it was not possible
to meet Ms. Seema Bawa. Finally, he
handed over the papers to the person at the counter who also behaved very rudely
with him.
6. From the
interaction with the complainant during the hearing, it was observed that Sh.
Aslam was very hesitant to narrate his experience in the office of District
Social Welfare Officer fearing reprisal and further harassment by the concerned
officials.
7. As none
appeared on behalf of Director, Social Welfare, Ms. Seema Bawa, District Social
Welfare Officer was contacted on phone.
She could not give the status of the case despite the fact that the
State Commissioner had informed her about the inordinate delay in settling the
matter and the harassment to the complainant before taking up the complaint on
09.02.2018, i.e. almost a month ago. It
seemed that the complaint and show cause-cum-hearing notice dated 09.02.2018 had
not reached her office. She however
advised that the complainant could meet her on 08.03.2018.
8. Before
bringing the matter to the notice of Director, Social Welfare on phone during
the hearing, Ms. Saroj Rawat, Deputy Director in the Social Welfare Department
was also contacted. She checked the
record and informed that the Aadhaar Number of Sh. Mohd. Faizan was not correct
in the record and no information had been updated by the District Office. She however promptly updated the record based
on the original documents produced by Sh. Aslam who visited her office after
the hearing and assured him that the pension would be credited to the account
of the complainant by end of March, 2018.
9. Director,
Social Welfare, the respondent No. 1 was advised to look into the matter and
take appropriate action so that persons with disabilities in need are not
harassed by the officials whose duty is to serve them. Respondent No. 1 was also advised to intimate
the action taken in the matter by 02.04.2018 and take appropriate measures to
ensure that the complainant and his parents are treated with dignity and their
complaint is handled with promptitude.
10. Smt. Saroj
Rawat, Dy. Director (FAS) vide letter dated 28.03.2018 informed that as per the
record, the Aadhaar number of Sh. Mohd. Faizan was not correct. Therefore enhanced pension had not been
remitted into his account. Now on the
basis of documents produced by Sh. Mohd. Aslam f/o Mohd. Faizan, necessary
corrections have been made in the data base and the payment of Rs. 20,000/- has
been released into his Aadhar linked account.
11. On the next
date of hearing on 05.04.2018 Sh. Mohd. Aslam father of the complainant confirmed
on phone that the arrears of disability pension has been credited to the
account of the complainant and he also met Smt. Seema Bawa in her office.
12. In the light
of the above while the complaint is disposed off, respondent No. 1 is advised
to issue appropriate advisory to all concerned in the Department of Social
Welfare to be responsive, sensitive and courteous to persons with disabilities
and their family members. Appropriate
action be also taken to induct disability as a component for all the Social Welfare
Officers and other functionaries of Department of Social Welfare as required
u/s 47(1)(b) of the Act besides organising sensitization workshops for the Officers
and Staff of the Department at all levels as soon as possible. At least one such workshop be organised by
31.05.2018.
13. Action taken
on the above recommendation be intimated to this Court within 3 months from the
date of receipt of this order as required u/s. 81 of the Act.
14. The complaint
is disposed off.
15. Given under my
hand and the seal of the Court this 09th day of April, 2018.
(T.D. Dhariyal)
State Commissioner for Persons with Disabilities
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