Ms. Preeti Agarwal,
U-12, First Floor, Green Park Main,
New Delhi-110016.
(Email: namaste.preeti@gmail.com) …………Complainant
South West District,
Nelson Mandela Marg, Vasant Vihar,
New Delhi-110057. ………..Respondent
Date of Hearing : 08.11.2021
Present : Ms. Preeti Agarwal, Complainant
Sh. Vikram Lamba, SI, PS Safdarjung Enclave, on behalf of respondent
ORDER
Ms. Preeti Agarwal, the above named complainant, a person with 90% hearing impaired filed a complaint dated 09.08.2021, forwarded from the Office of Chief Commissioner for Persons with Disabilities vide email dated 23.08.2021, under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act, regarding harassment by neighbor Sh. Pankaj Gandhi, resident of U-12, Ground Floor, Green Park Main, New Delhi-110016.
2. The matter was taken up with DCP, South District vide letter dated 26.08.2021. Complainant vide letter dated 03.09.2021, submitted that the Inquiry Officer SI Vikram Lamba came to her house and told her to give a letter stating that the problem has been resolved, which she refused. As they were locked from outside by their downstairs neighbour Mr. Pankaj Gandhi which was duly captured in the CCTV camera yet, there was no action taken by Police against such inhuman and criminal activities of Mr. Pankaj Gandhi, which bothered them and that’s why she requested the police authorities to prevent any such harassment in future.
3. The matter was again taken up with the DCP, South District vide reminder dated 06.09.2021 which was forwarded to the office of DCP, South West District vide their letter dated 22.09.2021. Respondent vide reply dated 06.10.2021 submitted that an enquiry was conducted in the case and it was found that the matter was a petty issue between the neighbours. No cognizable offence was made out and hence the complaint was filed.
4. Complainant vide rejoinder dated 13.10.2021 strongly protested against the subject of the letter from the Police, and contested the same.
5. A hearing was scheduled on 08.11.2021. During the hearing, complainant reiterated her submissions and stated that locking up two hearing impaired women from outside was not a petty issue. The same was case of criminal intimidation and an atmosphere of fear for them. She further submitted that she got no apology or assurance that no such intimidation/ harassment would happen in future. She also objected to the action of the concerned SI insisting on signing of letter for reconciliation in the matter.
6. The representative of the respondent submitted that he visited the premises of the complainant and directed both the parties to maintain peace in future. The Court took serious concern on the action taken by the concerned SI.
7. After taking due cognizance of submissions made by the complainant & the respondent, the Court recommended the following:
(i) First of all, Court takes objection to sending a relatively junior officer of the rank of Sub Inspector during the hearing which was duly brought to the notice of area DCP and should not be repeated.
(ii) The reply furnished by the representative of respondent was not acceptable wherein he tried to project that it is a mere altercation between two neighbours and the Court hereby orders the local police to deal such cases of intimidation against PwDs with due care respect and regard specially to the disabled ladies, who are being regularly harassed by the neighbours from downstairs and issue warning to them. They should be asked to refrain from such uncivilized behaviour and activities, failing which necessary action as per the law and RPwD Act, 2016 should be initiated.
(iii) Sh. Vikram Lamba, SI was directed to personally look into this matter seriously and assure that the complainant and her sister were not intmidated or humilated by anyone.
8. The complainant was asked to feel free to contact the Office of State Commissioner for Persons with Disabilities (SCPD) in case of repetition of such activities by her neighbours.
9. The matter is disposed with the above recommendations.
10. Given under my hand and the seal of the Court this 08th day of November, 2021.
Note:
SHO of the Area Police Station (Safdarjung Enclave), Sh. Shalender Tomar did come and meet SCPD later. He assured that the case would be looked into and resolved in the correct perspective as per advice of the court. He also requested for sensitisation of the Police personnel of the area to which SCPD agreed to do the needful.
Copy to:
The Commissioner of Police, New Delhi, Police Headquarters, Jai Singh Road, New Delhi-110001.
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