Case No. 3000/1111/2021/07/3752-54 Dated: 19-01-2022
In the matter of:
S/o. Sh. Raman Chand Gupta,
3700-D/8, Gali No. 6-7,
Shanti Mohalla Gandhi Nagar,
Delhi-110031.
(e-mail: ygyashgupta9718@gmail.com) .....Complainant
Versus
Shahdara District,
Bhola Nath Nagar, Shalimar Park,
Delhi-110032. .....Respondent
Date of Hearing: 18.01.2022
Present: Sh. Deepak Gupta, Complainant.
Ms. Ritu Sharma, Property Dealer
Sh. Rajneesh, SHO Krishna Nagar appeared on behalf of Respondent.
ORDER
Sh. Deepak Gupta father of Ms. Vaishnavi, a child with 100% mental illness filed a complaint dated 22.07.2021 under the Rights of Persons with Disabilities Act, 2016 herein after referred to as the Act, regarding harassment by the property owner and property dealer.
2. The complainant Sh. Deepak Gupta stated that his 16 years old daughter Ms. Vaishnavi is a child with 100% mental and physical illness. In 2018, he was looking for a one-room set on rent to stay. Thereafter, a property dealer named Ms. Ritu introduced him to Manoj Gupta as property owner and he decided to take his one room-set with a security of Rs. 2.5 Lacs. After this, a security agreement was executed between him and Smt. Megha Gupta, wife of Manoj Gupta on 29.01.2018 in respect of one-room set in property number X/3774/4, Gali No. 08, Shanti Mohalla, Gandhi Nagar, Delhi for a period of 11 months and the agreed security amount of Rs. 2.5 Lac was paid by him to the landlord. On 01.04.2018, when he along with his family members went to move in the said property, Manoj Gupta & his family members did not allow his family to enter the house due to the disability of his daughter. After some time, Manoj Gupta gave the said flat to another person. The complainant alleged that the property owner Sh. Manoj Gupta, did not allow him to live in that property on account of his PwD child who is lap bound being disabled which is a clear act of discrimination. He did not refund his security amount of Rs. 2.5 Lacs till date in spite of repeated requests. He requested appropriate action in the matter.
3. The matter was taken up with the respondent vide letter dated 27.07.2021 & followed by reminder dated 14.09.2021, 18.10.2021 and 23.11.2021. In response, the respondent vide letter dated 25.10.2021 received on 26.11.2021 informed that an enquiry into the matter was conducted through ACP/Gandhi Nagar. The dispute between the parties is purely civil in nature and no Police action is warranted in the matter.
4. The complainant vide his rejoinder dated 15.12.2021 submitted that no action was taken by the respondent in this matter and the case was wrongly termed as civil in nature. This is the case of social stigma, harassment, cruelty and discrimination against a child with disability. The complainant again requested that appropriate action be taken against accused persons. A hearing was scheduled on 18.01.2022.
5. Complainant reiterated his written submission and added that he has faced great agony, mental torture because of discrimination, ill-treatment of his PwD child and non-payment of security amount by the Property Owner and his family. He again requested for strict action against the alleged persons.
6. Ms. Ritu Sharma, Property Dealer who settled the deal between Property Dealer and complainant was also of the view that Sh. Manoj Gupta is behaving very arrogantly and he refused to return back the security amount to the complainant after several requests made by her also.
7. SHO, Krishna Nagar, Sh. Rajneesh appeared on behalf of respondent also submitted that the alleged person Sh. Manoj Gupta is not cooperating in the matter despite of local Police’s intervention.
8. It is pertinent to mention here that Section 3 of the Rights of Persons with Disabilities Act mandates “Equality and non-discrimination -(1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities”.
9. The court observed that the accused persons - Sh. Manoj Gupta / Smt. Megha Gupta has acted wrongfully and shown arrogance as well as ignorance besides lack of empathy towards the daughter of complainant, who is a child with 100% mental illness and physical disability and thereby flouted the Rights of Persons with Disabilities Act 2016 with discrimination, prejudice and insensitivity.
10. After due deliberations and discussion, the Court recommends as under:
(i) Property owners - Sh. Manoj Gupta / Smt. Megha Gupta are directed to return back the amount of Rs. 2.5 lacs deposited by complainant as security deposit with interest @10% to the complainant within one month from the date of receipt of this Order. Failing which, respondent/local police is directed to lodge FIR against the Property Owners – Sh. Manoj Gupta / Smt. Megha Gupta particularly violating Section 92 (a) and other sections of the RPwD Act,2016 & Rules and further produce the case before the concerned Additional Session Judge -02 designated as Special Court vide Notification No. 1/19/2018/Judl./Suptlaw/1499-1507 dated 19.08.2019 to try the offences under the Rights of Persons with Disabilities Act,2016 for imposing strict punishment as an example (copy enclosed).
(ii) It is also recommended that Sh. Manoj Gupta and his family members should amend their attitude towards the persons with disabilities and it should also be made mandatory for them to apologise to the parents of child in writing for their wrong doing.
11. The complaint is disposed of with the above recommendations.
12. Given under my hand and the seal of the Court this 19th day of January, 2022.
Encl:As above
Copy to :- Sh. Manoj Gupta & Smt. Megha Gupta (Property Owners), R/o X/3774/4, Gali No. 8, Shanti Mohalla, Gandhi Nagar, Delhi-110031.
