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. 881/1121/2019/05/6198-6199 Dated:30.09.2019
In the matter of :
Mr.
Hayat Yar Khan,
(Email:hayat.yarkhan@gmail.com)
…………..Complainant
C/o Mr. Ram Lal,
B-2 (Ground Floor),
Nizamuddin East,
New Delhi-110013.
Vs
Mr.
Naved Yar Khan,
2346, Mahagun Mascot,
Crossing Republik,
Ghaziabad (UP)-201009. ...................Respondent
(Email:mnyarkhan@gmail.com)
Last Date of Hearing: 12.09.2019
Present: Sh. Deepak Sharma, Advocate for
Complainant.
ORDER
The
above named complainant, elder brother of Ms. Rubina Sultan a person stated to
be suffering from Cerebral Palsy, vide his email dated 01.05.2019 alleged that
Mr. Naved Yar Khan, his brother has not taken his sister to the concerned Delhi
Govt. Hospital for assessment of Cerebral Palsy and intellectual disability to
get a certificate of disability which would help her to register with Niramaya
Health Insurance Scheme and apply for Guardianship with the Local Level
Committee of the Central Delhi.
2. The
complaint was taken up with the respondent vide Notice dated 10.05.2019 under
the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as
the Act and the case was fixed for hearing on 23.07.2019.
3. On
23.07.2019 complainant, Sh. Hayat Yar
Khan informed about his inability to attend the hearing as he is in Dubai, UAE
and authorised Sh. Deepak Sharma Advocate to present his case.
4. Sh. Naved
Yar Khan, the Respondent in his reply inter-alia submitted that Ms. Rubina
Sultan is not a resident of Delhi as she is residing in Ghaziabad with him and
hence the State Commissioner for Persons with Disabilities, Govt. of NCT of
Delhi had no jurisdiction. He informed
that he is not able to attend the hearing due to illness.
5. The parties were
directed vide record of proceedings dated 23.07.2019 to submit the relevant
documents like Voter ID, Aaadhar card, Pan card, Ration card etc. or any other
valid residence and identity proof in support of their respective contentions
about the residence of Ms. Rubina Sultan by 31.07.2019 and the case was
adjourned to 09.08.2019.
6. Vide
his email dated 09.08.2019 Mr. Naved Yar Khan sought exemption from appearance on that day and submitted that he would be
producing public documents to establish that his sister Ms. Rubina Sultan is in
his custody at his house in Ghaziabad since 2012.
7. Sh.
Deepak Sharma, Advocate for the complainant produced the copies of Electoral
Roll of A.C. Ballimaran, Delhi for the years 1994 and 1999 in which the name of
Ms. Rubina sultan appears. He also
produced a copy of the Election ID Card from the court record which the
respondent himself had filed, a copy of letter dated 31.07.2012 from National
Highways Authority of India addressed to Ms. Rubina Sultan and a copy of an
appeal filed at Tis Hazari Courts by the respondent against the order dated
12.03.2015 on an application in which the respondent Mr. Naved Year Khan and
Ms. Rubina are appellants. In all those
documents, the address of Ms. Rubina Sultan is 5182, Ballimaran, Delhi and
these indicate that she was residing at Ballimaran till 2016. The fact that she is the owner of the
property at 5182, Ballimaran is also not disputed.
8. The
limited issue with which this court is concerned is that Ms. Rubina Sultan who
is stated to be a person with Cerebral Palsy must be produced before an
appropriate certifying authority and if eligible, should be issued a valid
certificate of disability. Since as per
the documents produced, she is a resident of Ballimaran, Delhi, the medical
authority in Delhi would be the competent certifying authority and to issue the
certificate of disability. However, if
she has the required documents, the medical authority in Ghaziabad can also
assess her and issue the certificate of disability which is the sole purpose of
taking up the complaint. The resistance to do so by the respondent is
unreasonable and can attract the penal provisions of the Act.
9. The
respondent was given last opportunity to make submissions before this court and
arrange assessment of Ms. Rubina Sultan for assessment of her disability and
issuance of a certificate of disability if she is eligible for the same vide
RoP dated 13.08.2019.
10. During the
hearing on 12.09.2019, Sh. Deepak
Sharma, Advocate appeared for the complainant and submitted a copy of passbook
of Bank of India and another passbook of the Post Office in respect of Ms.
Rubina Sultan both of which show her address at Ballimaran, Delhi-110006. He also submitted that the documents emailed
on 31.07.2019 by complainant to this Court, may also be taken on record. He also submitted that the complainant may be
informed at least 2 weeks before the date of examination of Ms. Rubina Sultant
for assessment of disability so that he and his representatives can also be
present during her examination.
11. The respondent
sent a list of documents which contain a copy of e-MO (Payment) of Rs. 500/- of Department of Posts sent by
Post Office Chandni Chowk, Delhi to Ms. Rubina Sultan C/o Naved Yar Khan, H.No.
2346, Crima Tawar, Mahagul, Mascot, Crosing Republic Dhundhera, Ghaziabad and a
copy of Suit No. 53/2012 of the complainant in which it has been mentioned that
the plaintiff therein namely Mr. Naved Yar Khan and Others (including Ms.
Rubina Sultan) have shifted to Flat 2346, Crema tower, Mahagun Mascot, Crossing
Republic, NH-24, Dhundhera, Ghaziabad -201009.
However neither he himself appeared nor did he send anyone to represent
him on 12.09.2019.
12. This Court
has no issues whether Ms. Rubina Sultan is examined for assessment of her
disability and issued a certificate of disability, if eligible by a certifying
authority in Delhi or in Ghaziabad.
13. In the light of the above, respondent is
once again directed to produce Ms. Rubina Sultan before the competent
certifying authority in the hospital
having the jurisdiction and apply for issuance of disability certificate to her
within one month from the date of receipt of this order and intimate the
complainant the proposed date, place and
time where he would produce Ms. Rubina Sultan for assessment and certification
of disability so that the complainant or his representative can also be present
in the concerned hospital as requested by him.
After Ms. Rubina Sultan is assessed for disability and a decision is
taken by the concerned certifying authority to issue the certificate of
disability to her or otherwise, the
respondent shall intimate this Court and the complainant within a week
thereafter. If the complainant does not
receive any intimation by 15.11.2019,
he may approach the State Commissioner for Persons with Disabilities, Uttar
Pradesh, Rajkiya Drishtibadhit Chhatron ka Chhatrawas, Basic Siksha Nideshalaya
Campus, Nishatganj, Lucknow, Uttar Pradesh, Email: info@commissionerdisabilitiesup.in
with the request to direct the
respondent to have Ms. Rubina Sultan examined by the Medical Authority in
Ghaziabad for issuance of disability
certificate as the respondent has also raised the issue of jurisdiction on the
ground that she is residing at Ghaziabad.
14. The complainant may also approach the concerned
Special Court designated under Section 84 of the Act for trial of offences
under the Act.
15. Respondent is informed that in case of
non-compliance of the order, he may run the risk of being punished under
Section 89 of the Act which provides as under:
“Any person who
contravenes any of the provisions of this Act, or of any rule made thereunder
shall for first contravention be punishable with fine which may extend to ten
thounsand rupees and for any subsequent contravention with fine which shall not
be less than fifty thousand rupees but which may extend to five lakh rupees.”
16. The case is disposed of.
17. Given under
my hand and the seal of the Court this 30th day of September, 2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
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