Deepak Kumar Vs. The DCP South East District | Case No. 1868/1111/2020/07/3353-55 | Dated:15-03-21

 

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, Email: comdis.delhi@nic.in

(Vested with powers of Civil Court under the 

Rights of Persons with Disabilities Act, 2016)

Case No. 1868/1111/2020/07/3353-55 Dated:15-03-21 

In the matter of:

Sh. Deepak Kumar S/o. Sh. Suresh Kumar, 
H.No. K—83, Gali No.4, 
Jaitpur extension-, Badarpur, 
New Delhi-110044.                     
(E-mail: sonudj8447@gmail.com)                           ……Complainant

Versus

The Deputy Commissioner of Police,
South East District,
Pocket-C, Sarita Vihar,
New Delhi-110076                                                    ……..Respondent 
 
Date of Hearing: 12.03.2021

Present: Sh. Deepak Kumar, complainant.
Sh. Satvinder Rana & Sh. Bhoor Singh, on behalf of Respondent. 

ORDER

The above complaint of Sh. Deepak Kumar, a person with 90% locomotor disability was received through email dated 09.07.2021 from Sh. Kapil Kumar Aggarwal, National President, Federation of Disabled Rights regarding fraud made by one person namely Sh. Wakil Ahmad  by financing a scooty from complainant’s bank account by using his documents. 

2. The matter was taken up with the respondent for submission of their comments. Respondent vide their reply dated 05.10.2020 received from Addl. Dy. Commissioner of Police, South East Distt. submitted that as per the complainant’s allegation, a person named Sh. Wakil Ahmad had lured him on the pretext of availing a free scooty through National Disable Sena and took his documents i.e. bank passbook, disability certificate, pan card and aadhar card.  He was promised that the scooty would be given to him on 16.11.2019.  Due to some problems he could not reach the venue to avail the scooty. Thereafter, he received a message that cheque issued by him bounced but the scooty was financed on his name with the help of issued documents.  An enquiry into the matter got conducted through ACP/Badarpur/SED.  During the course of enquiry, statement of the complainant was recorded, who stated that he had amicably resolved the matter and now he does not want any legal action on his complaint.  Hence, no police action is warranted. 

3. The reply filed by the respondent was forwarded to the complainant for submission of his rejoinder.  The complainant vide his email dated 18.02.2021 informed that the Police has not taken any action to redress his grievance. 

4. During the hearing on 12.03.2021, complainant was present and reiterated his written submissions and pleaded for settlement of his case and refund of his total money.  He also requested that the bank authorities should also be directed to stop deducting further EMIs from his account. 

5. Sh. Satvinder Rana , Inspector appeared on behalf of respondent and informed that the complainant had initially shared the details of his bank accounts for procurement of a free scooty to advance his accessibility and mobility.  Later on, he changed his mind due to delay in providing him the scooty and requested to refund his amount. Further, it is informed that the organisation which mooted the idea of providing the scooty is also working for persons with disabilities, especially with respect to Accessibility & Mobility.  He also revealed that both the parties met at the Police Station and deliberated couple of times and the scooty was also brought in the Police Station Jaitpur and offered to the complainant.  

6. Notwithstanding the above, the complainant confirmed that he was not keen to avail the scooty anymore.  On 10.03.2021, both the parties were called to the Police Station and mediated that complainant would be refunded with his dues by 17.03.2021.  

7. The Court after due deliberations, recommends as under:-

(i) DCP (South East) District specially Sh. Satvinder Rana, Inspector  are hereby directed to ensure that the National Disability Army and Sh. Wakil Ahmed and others return the money of complainant and accordingly a Closure Report be filed in this office by 19.03.2021.

(ii) A copy of this Closure Report should also be sent to the Manager, Corporation Bank, Jaitpur, Delhi where the complainant has his bank account with the instructions that the complainant’s account should not be deducted with EMI in lieu of financing scooty, henceforth.  

8. Accordingly, the case is disposed off. 

9. Given under my hand and the seal of the Court this 15th day of March, 2021.      

(Ranjan Mukherjee )

State Commissioner for Persons with Disabilities

Copy to:

The Bank Manager, Corporation Bank, Jaitpur, Delhi with the direction that on receipt  of closure report from DCP(South East)

Sh. Deepak Kumar, Complainant (Savings Bank A/c No. 520331002627870) in the above case should not be penalised further and EMI deduction from his account should also be stopped henceforth.