Tuesday, April 16, 2019

Ram Kumar Chaubey Vs. BSES Rajdhani Power Ltd. | Case No. 351/1141/2018/06/1851-52 | Dated: 15.04.2019




In the Court of State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25- D, Mata Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
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. 351/1141/2018/06/1851-52               Dated: 15.04.2019

In the matter of:

Sh. Ram Kumar Chaubey,
B-318,/3/7A, Ground Floor,
Chungi No.2, Lal Kuan,
New Delhi-110044.                                               ................ Complainant                                        
Versus
The General Manager,
BSES Rajdhani Power Limited,
GLNS Complex, Delhi Gate,
BSES Bhawan, Nehru Place,
Nearest Landmark: Nehru Place Bus Terminus,
New Delhi-110019.                                                      ……...…Respondent


Date of Hearing         11.04.2019

Present:                    Sh. Ram Kumar Chaubey, Complainant,

Sh. Vivek Rathi, Legal Retainer and Sh. Abhishek Tripathi, Sr. Manager, BSES on behalf of respondent.


ORDER

          The above named complainant, a person with 60% locomotor disability vide his complaint dated 04.06.2018 stated that he applied for an electric connection on 31.05.2018.  He received an SMS to contact some person in BSES who told him that the complainant cannot get electric connection.  He requested for intervention of this court for getting an electric connection.

2.       The complaint was taken up taken up with the respondent vide letter dated 08.10.2018 followed by reminders dared 23.10.2018, 28.11.2018 and 02.01.2019 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as ‘Act’.  As no response was received from the respondent, a hearing was scheduled on 11.04.2019.

3.       Sh. Vivek Rathi, Legal Retainer and Sh. Abhishek Tripathi, Sr. Manager, BSES appeared and submitted that they did not receive any communication other than the summons dated 27.03.2019.  Therefore, they could not submit a written reply.  They produced computer generated rejection letter dated 01.06.2018 vide which the complainant was intimated that BSES was unable to process his request as it requires NOC from DDA.  

4.       Vide letter dated 14.06.2018, DDA informed the respondent that-
“In continuation of this office even letter No.F5(3)/15-16/Hort.VI/DDA/132 dated 28.01.2016.  As you well aware about the Hon’ble Supreme Court of India have directed that no any type of constructions are allowed in the Ridge area in Delhi Lal Kuan this area under the control of DDA.  In this area daily complains are coming to encroached the land by the persons from surrounding locality.  Despite of BSES Ltd. have sanctioned the electricity connection without proper examine papers of the illegal encroachers. Lal Kuam, Prem Nagar & Nardan Basti is DDA Land pertain to Horticulture Division-VI/DDA.  You are hereby directed to take the NOC from DDA before issuing new connection or shifting the connection.
You are requested to stop the new connection to such type of illegal encroachers.  Otherwise it will be confirmed that you are mixed up with the land mafia/ encroachers in this area.  If you will be the new connection you will responsible to reply will made Hon’ble Supreme Court of India.”

5.         Vide another letter dated 23.10.2018 also, DDA has drawn attention of BSES against illegal construction in ridge area and issue of electric connection without NOC.  The representatives of the respondent therefore submitted that BSES can not give electric connection in the locality where the complainant resides; even though BSES is suffering loss of revenue.  Without NOC from DDA, BSES can not issue electric connection to the complainant.

6.         The complainant submitted that he did not receive any communication from BSES other than the SMS and therefore he did not know that he had to obtain NOC from DDA.  He further submitted that he did not have any supporting documents if anyone in that area was given an electric connection after he applied on 31.05.2018.

7.         In light of the documents submitted by the respondent during the hearing, the complainant may approach DDA for NOC and if he submits the NOC from the DDA, the respondent shall provide electric connection to the complainant within 10 days from the date of submission of the NOC alongwith relevant documents.  In case of any delay in providing the electric connection, the complainant may inform this court.     

8.       The complaint is disposed of.

9.       Given under my hand and the seal of the Court this 15th day of April, 2019.


           (T.D. Dhariyal)
                      State Commissioner for Persons with Disabilities


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