Tuesday, April 10, 2018

Mohd. Faizan Vs. Director, Deptt of Social Welfare & Anr. | Case No. 97/1024/2018/02/6589-91 | Dated: 09.04.2018




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. 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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