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. 4/1754/2017/Wel/CD/7806-7810A Dated: 12.06.2018
In Re:
Dr. Nitesh Tripathi
H.No. 241, Gali No. 11, B-Block,
Sant Nagar, Burari,
Delhi-110084. …………..Complainant
The Commissioner,
North Delhi Municipal Corporation,
Dr. SPM Civic Centre, 4th Floor,
J.L.N. Marg, New Delhi-110002. …….Respondent No.1
Ms. Aman Enterprises (Airtel Store)
100 Feet Main Sant Nagar Road,
Burari, Delhi-110084. ……… Respondent No. 2
The Executive Engineer, PWD,
Bhairon Marg, T-Junction, Ring Road/
Near Pragati Power Station,
New Delhi-110002. …………Respondent No. 3
The Chairman-Cum-Managing Director,
Bharti Enterprises,
6th Floor, Tower A, Plot No. 16,
Udyog Vihar Industrial Area,
Phase-4, Gurgaon – 122016. .….. Respondent No. 4
The Engineer-In-Chief,
PWD, GNCT of Delhi,
MSO Bldg., I.P. Estate,New Delhi. …..Respondent No.5
Date of Hearing: 08.06.2018
Present: Sh. Y.A. Jafri, AE, Ms. Neelam Arora, Chief Architect on behalf of respondent No.1, Sh. Chetan on behalf of respondent No.2, Sh. Yadvinder Singh EE, C&MD, on behalf of respondent No. 3, Sh. Hitesh Kr. Singh, Advocate on behalf of respondent No. 4,
ORDER
The above named complainant, a person with 65% locomotor disability vide his email dated 12.09.2017 submitted that he visited the Airtel Store (Aman Enterprises 100 feet main Sant nagar Road Burari, Delhi) on 15.09.2017 for processing of biometric verification. He got injured due to inaccessible stairs and could not do the verification. He also mentioned that as the store is located in the area that falls under the jurisdiction of North DMC, they should be directed to ensure the accessibility to such a public place. He requested that the Store be directed to make proper arrangement for home visit by deputing an executive for biometric verification of his Aadhar number or make their outlet accessible for persons with disabilities. Vide his another email dated 15.03.2018, complainant also pointed out that he was yet to receive refund of Rs. 3200/- from the respondent.
2. The complaint was taken up with respondent No. 1&2 vide Notice dated 06.10.2017 under the Rights of Persons with Disabilities Act, 2016 hereinafter referred to as an Act and a hearing was scheduled on 03.01.2018. However, the respondents did not appear and they were directed to submit ATR by 15.01.2018 and the matter was fixed for hearing on 02.02.2018.
3. Executive Engineer (M-I)/CLZ vide his letter dated 24.01.2018 informed that the matter does not pertain to North DMC as all the roads above 60 feet ROW have been transferred to Public Works Department (PWD). Therefore action, if any, is to be taken up by PWD.
4. During the hearing on 02.02.2018, the representative of North DMC also informed that MCD and PWD had jointly removed encroachment from that area and submitted a copy of the photograph of the store. It was expected that the owner of the said store would make arrangement for free access for persons with disabilities.
5. As none appeared to represent M/s Aman Enterprise, the owner/occupier of the store was directed to appear on 13.03.2018. It was also informed that as per Section 46 of the Act, the premises need to be made accessible for persons with disabilities failing which he would run the risk of being punished u/s 89 of the Act for contravention of the provisions of the Act.
6. As the respondent No.2 & 3 did not appear on the next date of hearing on 13.03.2018 also Chairman-cum-Managing Director, Bharti Enterprise and Engineer-in-Chief, PWD, GNCT of Delhi were impleaded as Respondent No. 4 & 5 vide RoP dated 15.03.2018
7. As the respondent No.2 continued to defy the direction to appear, Proclamation Requiring Attendance was issued on 03.05.2018. Thereafter, the proxy counsel for respondent No. 4 requested for adjournment of the hearing on 07.05.2018 as the father of the learned counsel expired recently.
8. On the next date of hearing on 08.06.2018, representative of North Delhi Municipal Corporation (North DMC) respondent No. 1 submitted that even though they have no role to play, they facilitated installation of portable ramp for persons with disabilities and requested that North DMC may be exempted from further appearance in the hearings, if any.
9. The representative of the respondent No. 2 submitted the photographs of store which shows temporary provision of a ramp to facilitate entry of persons with disabilities to the store. Although the ramp is very steep, yet as per him it shows the bona fide intention of the owner to make it easier for persons with disabilities to use the services.
10. As regards refund on surrendering of dongle by the complainant, Sh. Hitesh Kumar Singh, the learned counsel for respondent No. 4 assured that the complainant will be contacted on his email Id and mobile phone and a representative will be deputed to resolve the issue within 10 days. He further submitted that the company is conscious about the needs of persons with disabilities and they are inclusive about it. They are also opening their own stores at various places which are disabled friendly and their other franchisees who are working from the old commercial buildings are as per the approved plan from the concerned authorities. This particular store is working as a franchise on principal to principal basis.
11. The respondent No. 3 who appeared subsequently, submitted that he has recently joined the Department. However, he would do whatever best is possible for easy access of persons with disabilities to Store in question. A copy of the pictures of temporary iron ramp in front of the store installed by respondent No. 2 was handed over to him to do the needful and has been directed to submit an ATR by 06.07.2018.
12. From the above mentioned proceedings of this case, it is observed that except North DMC (respondent No. 3), rest of the respondents have shown less than adequate concern about an important issue of access to public places and services to persons with disabilities. Non-compliance with the repeated requests and directions issued under the Act also indicate their scant regard for the statutory authority created under the Act. This is a matter of concern for the disability sector and persons with disabilities, while the country has come out with one of the most progressive legislations on the rights of persons with disabilities in line with United Nations Convention on the Rights of Persons with Disabilities, the organizations mandated to make public buildings and services accessible to persons with disabilities, continue avoiding the mandate despite the fact that implementation of Section 46 of the Act prescribes a time limit of two years to ensure accessibility by service providers. The said section is reproduced below:
“The service providers whether Government or private shall provide services in accordance with the rules on accessibility formulated by the Central Government under section 40 within a period of two years from the date of notification of such rules:
Provided that the Central Government in consultation with the Chief Commissioner may grant extension of time for providing certain category of services in accordance with the said rules”.
13. It will also be in the fitness of things to mention that Section 89 provides, “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 thousand 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”.
14. Department of Empowerment of Persons with Disabilities had notified the guidelines for making built environment accessible for persons with disabilities on 15.06.2017. Therefore the service providers are required to ensure provisions of services in accordance with the said accessibility standards by 15.06.2019. By now, all service providers including respondent No. 2 and 4 should have taken substantial steps so that the services being provided by them can be made accessible by 15.06.2019.
15. In view of the position mentioned in the preceding paragraphs, it is recommended that respondent No. 2 & 4 should ensure that the services they provide in the National Capital Territory of Delhi are accessible to persons with disabilities in accordance with the guidelines formulated by the Central Govt.
16. As regards biometric verification of Aadhar number and refund on surrendering of dongle to the complainant, respondent No. 2 & 4 are advised to resolve the matter by 30.06.2018. An action taken report be submitted to this court within three months from the date of receipt of this order as required under Section 81 of the Act.
17. The matter is disposed off accordingly.
18. Given under my hand and the seal of the Court this 12th day of June, 2018.
( T.D. Dhariyal )
State Commissioner for Persons with Disabilities
