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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case
No. 486/1061/2018/09/1247-1249 Dated:12.03.2019
In the matter of:
All
India Federation of the Deaf
12-13,
Shaheed Jit Singh Marg,
New
Delhi-110067 .
On
behalf of Smt. Vijay Bala ................
Complainant
Versus
Sh.
Ranbir Garg and Sh. Gurcharan Garg
Garg
Hardware Store
F-359,
Bankey Lal Market
Badarpur,
New Delhi-110044. ………….Respondent
no. 1
The
Deputy Commissioner of Police
South
East District,
Ist
Floor, PS Sarita Vihar,
Mathura
Road,
New
Delhi-110076. …...........
Respondent no. 2
Date
of Order: 08.03.2019
Present : Sh. Ramesh Gupta alongwith Sh. Gaurav Garg for
Complainant.
ORDER
Sh. V. Gopalkrishnan, General
Secretary of All India Federation of the Deaf addressed a letter dated 13.07.2018
to the Chief Commissioner for Persons with Disabilities. The said letter was submitted to this Court
by Smt. Vijay Bala, a person with 100% hearing impairment and her daughter Ms.
Archna vide the said letter, it has been submitted that Smt. Vijay Bala is a
widow of late Sh. Mahavir Prasad. He had
a hardware store by the name “Garg Hardware Store” at F-359, Bankey Lal Market,
Badarpur, New Delhi-110044. The shop was
initially taken on rent by her father.
His two brothers, Sh. Ranbir Garg and Sh. Gurcharan Garg joined later
on. They used to give Rs. 250/- to him
for a day’s work. It has been alleged
that they have stopped giving that amount.
She has no other source of income and it is difficult for her to support
her two daughters and a son. She requested
for her share in the said property.
2. The
matter was taken up with the respondents vide notice dated 18.09.2018 followed
by letter dated 26.10.2018. Thereafter,
a hearing was held on 28.12.2018 and 31.01.2019.
3. On
28.12.2018, Smt. Vijay Bala produced a copy of legal notice from Sh. Anil Kumar
Junjeja, advocate, Delhi High Court on behalf of Sh. Ranbir Gard and Sh.
Gurcharan Garg for vacating the entire second floor of house no. 36/3 Gali No.
1, Near Chiranji Lal & Sons, Bankey Lal Market, Badarpur, New Delhi-110044,
occupied by her and her family. She
stated that the notice has been issued because of this complaint. She also stated that Sh. Ranbir Garg also
telephoned her daughter and asked her to withdraw the case from this Court, if
they want to continue living in the house.
Sh. Gaurav Garg s/o Smt. Vijay Bala who accompanied her, stated that
when his father was alive and working in the shop, his uncle Sh. Ranbir Garg
used to tell him that he had 50% share in the shop. But after the death of his father, when he
asked his uncle about his share, he told him that he had no share in the shop
and his father was only working as a servant and was being paid his
salary. Smt. Vijay Bala submitted that her
family comprising a son and two daughters are living on second and third floor
(each floor having only one room) for the last 30-35 years and they have no
other place to stay. She should be given
50% of her share in the shop as it was originally in the name of Sh. Ranbir
Garg and her husband.
4. Sh.
Anil Kumar Juneja, advocate appeared on behalf of Sh. Ranbir Garg and Sh.
Gurcharan Garg and submitted a copy of General Power of Attorney registered on
08.09.1995 as per which the GPA of the shop in question has been extended in
favour of Sh. Ranbir Garg and Sh. Gurcharan Garg. He further submitted that the statement of
Smt. Vijay Bala is not correct and she should be directed to produce documents
in support of her claim.
5. Vide
RoP dated 01.01.2019, the complainant was directed to submit the supporting
documents if any and the respondent no. 1 was directed to file written
submissions. On 31.01.2019, Smt. Vijay
Bala, who was accompanied by her daughter and Sh. Ramesh Gupta, informed that a
meeting to sort out the matter with Sh. Ranbir Garg and Sh. Gurcharan Garg (Respondent
no. 1) was scheduled after the hearing on 28.12.2018. However, due to preoccupation of her
daughter, the meeting could not take place.
The parties were therefore advised to discuss the matter and intimate
the outcome.
6. On
the next date of hearing on 08.03.2019, Sh. Gaurav Garg s/o Smt. Vijay Bala
appeared and informed that his sister’s marriage has been scheduled and
therefore the meeting with his uncles Sh. Ranbir Garg and Sh. Gurcharan Garg would
be held after his sister’s marriage.
7. As
the parties have indicated to discuss between themselves and sort out the
matter amicably, the complaint is disposed off with the advice to Sh. Ranbir
Garg and Sh. Gurcharan Garg to be accommodative and sorting out the issue
keeping in view the situation of Smt. Vijay Bala, who is a person with
deafness.
8. The
complaint is disposed off.
9. Given
under my hand and the seal of the Court this 12th day of March, 2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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