In the matter of:
Sh. M.L. Tiwari (Principal),
Govt. Boys Senior Secondary School,
KG-I/II, Vikas Puri,
New Delhi-110018.
(E-mail: vikaspuri16180185@gmail.com ………Complainant
The Deputy Commissioner of Police,
South West District,
Basant Lok, Vasant Vihar,
New Delhi-110070 ………..Respondent No.1
EMARRET RESOURCES Pvt. Ltd.,
B-120, Sewak Park, Uttam Nagar,
New Delhi-110059. ………Respondent No.2
Date of Hearing : 16.12.2021
Present: Sh. M.L. Tiwari, Principal, Complainant
Sh. Mahavir Kaushik, Advocate and Smt. Gurdeep Kaur, W/o Sh. J.B. Singh, on behalf of the respondent No. 2
None for respondent No.1
ORDER
Sh. M.L. Tiwari, a person with 100% visual impairment vide his e-mail dated 30.07.2021 & 06.08.2021 alleged that Sh. Jang Bahadur Singh, Director of Emarret Resources Private Ltd. had taken a sum of Rs. 8,00,000/- (Rupees Eight Lacs) on the pretext of providing a 100 gaj flat at B-1/34 (upper ground), Sewak Park Delhi. He had made the above payment to Sh. Jang Bahadur Singh in installments from his wife Mrs. Namita Tiwari’s account. He further stated that Sh. Jang Bahadur Singh had also got him to sign the Agreement To Sale And Purchase (Bayana Agreement) for Rs. 35 Lacs instead of Rs. 32 Lacs (the actual cost informed earlier) in a deceitful manner. Now after payment the dealer is making different excuses and trying to exploit him being visually impaired. He is under deep mental stress and wants his money returned with interest. He also approached Economic Offence Wing, Delhi Police in this regard but no action was taken till date. Therefore, he prayed this Court for seeking relief.
2. The matter was taken up with the respondents vide letter dated 13.08.2021 followed by reminders dated 07.10.2021 and 29.11.2021 for submission of their comments. However, no reply was received from respondents till date.
3. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 16.12.2021, which was attended by Sh. M.L. Tiwari, complainant and Sh. Mahavir Kaushik, Advocate and Smt. Gurdeep Kaur, W/o Sh. J.B. Singh for respondent No.2. None appeared on behalf of respondent No. 1.
4. Complainant reiterated his written submissions and inter-alia added that he was in great mental agony due to financial loss he invested his well earned money in the said property.
5. Representatives appeared on behalf of respondent No.2 submitted that the company EMARRET RESOURCES Pvt. Ltd has faced great financial loss and due to that the said property deal could not be finalised.
6. Section 6 & 7 of the Act mandates the appropriate Government to take measures to protect persons with disabilities from being subjected to torture, cruel, inhuman or degrading treatment and from all forms of abuse, violence and exploitation and to prevent the same. The concerned Executive Magistrate and the other Police Officers are required to take various measures to ensure protection of persons with disabilities from any abuse, violence and exploitation.
7. After due deliberations and discussion with the complainant and respondent, the Court recommends as under:
(i) Court has taken serious view about the absence of Respondent No. 1 during the hearing after being summoned. However taking a lenient view no fine is being imposed this time.
(ii) Complainant & Respondent No. 2 need to sit together and sort out the exact amount to be repaid to the complainant within next 10 days i.e. 26th December’2021 and confirm the same to this Office.
(iii) Respondent No. 2 is hereby directed to settle the dispute in connnivance with the complainant and return the due amount as settled as per Para (ii) above to the complainant by 26th of January 2022 with applicable interest @ 6% per annum.
(iv) Respondent No. 1 is also directed to ensure that the complainant is not harassed, abused, or discriminated by any person in any manner and his rights are not infringed as per Rights of Persons with Disabilities Act, 2016.
8. Accordingly, the case is disposed of.
9. Given under my hand and the seal of the Court this 16th day of December, 2021.
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