Shruti Vs. The Director, Department of Social Welfare | Case No. 311/1092/2018/05 /12583-12584 | Dated:27/11/2018

Sh. B.G. Sarkar Vs. The Manager, Union Bank of India | Case No. 57/1111/2017/12 | Dated: 27 Aug 2018

             

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, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016] 

Case No. 57/1111/2017/12/ 16867-70                                          Dated: 23.04.2018

In the matter of:

Sh. B.G. Sarkar(H/o)

Ms. Sulata Sarkar

D-370, Indra Park

Najafgarh, Delhi-110043                                      ................ Complainant

                                          Versus                         

The Manager,

Union Bank of India

RZ-26, Roshan Mandi,

Najafgarh, Delhi-110043                                       ………...…Respondent

Date of Hearing: 12.04.2018

Present:     Mr. B.G. Sarkar, on behalf of Complainant.

Sh. Sanjay Kumar Gupta, Branch Manager and Sh. Manish Lamba, SWO ‘A’, on behalf of the Respondent.

ORDER

          The above named complainant vide his complaint  dated 09.11.2017 submitted that his wife Smt. Sulata Sarkar, a person with 40-70% moderate disability had closed her Savings Bank Account No. 697502010001211 in Union Bank of India Branch, Najafgarh on 11.04.2017 and opened a Savings Bank Zero Balance facility account No. 697502010010498 in the same branch on 06.03.2017.  As the bank did not link the said new zero balance account to Aadhaar, she did not get the enhanced disability pension @Rs. 2500/- per month.  He requested that this bank be directed to pay compensation of Rs. 10,000/- to his wife.

2.      The complaint was taken up with the respondent vide notice dated 27.12.2017.  The respondent Bank vide letter dated 08.01.2018 submitted that the saving account 697502010001211 of Mrs. Sarkar was opened on 29.08.2013 and the Aadhaar was immediately linked after receiving the same on 27.04.2015.  During this gap the customer did only two cash deposit transaction with the bank and did all the withdrawals through ATM only.  She had also not maintained minimum balance in the account.  She had not approached the bank with any other transactions.  Later on when she approached the Bank for Aadhaar inquiry in her saving account, she was informed that it had already been done. She was also asked that if any Department had any issue with not linking of Aadhaar with her account, then she should provide the Bank a soft copy of the communication.  But still she did not provide any letter and closed her account.  She again requested to open another saving account with zero balance which was opened on 06.03.2017 and linked it to Aadhaar on 11.04.2017 after de-linking Aadhaar from the previous account.  It has further been stated that Smt. Sulata Sarkar requested to transfer the account to Dwarka Branch Accordingly, her saving account was transferred on 12.09.2017.  During all the said processes, she was not harassed and the Bank tried its best to co-operate.

3.      Vide his rejoinder dated 24.01.2018, the complainant informed that he is not satisfied with the reply of the bank and a hearing should be scheduled.  Subsequently vide letter dated 05.03.2018, the complainant also inter-alia requested that compensation of Rs. 20,000/- should be paid to his wife Smt. Sulata Sarkar.

4.      During the hearing on 12.04.2018, Sh. Sanjay Kumar Gupta, Branch Manager submitted a letter dated 11.04.2018 which reiterated the submissions vide letter dated 08.01.2018.  He also produced the e-mails exchanged between the central office and the Najafgarh Branch of the Bank about linking of account number 473481004228 of Smt. Sulata Sarkar to her Aadhaar.  Sh. Gupta explained that, the old account of Smt. Sulata Sarkar was already linked.  The new zero balance account no. 697502010010498 which was opened on 06.03.017 had been linked with Aadhaar on 11.04.2017.  The said account was transferred to a Dwarka Branch of the same bank as per the request of the account holder.  As per him, there was no delay in linking the Aadhaar of Smt. Sulata Sarkar with her new account and the bank is not responsible for delay in release of enhanced pension.  The e-mail dated 25.09.2017 of the Department of Social Welfare that the account of Smt. Sulata Sarkar had not been linked to her Aadhaar, was replied to and she was informed that the said account had been linked as per bank records.

5.      From the records made available by the parties, it appears that there was a communication gap between the Department of Social Welfare and the Najafgarh Branch of the Bank which was further complicated due to transfer of the account from Najafgarh Branch to Dwarka Branch around the same time.

6.      It has been observed that a number of beneficiaries with disabilities of social security are facing hardships due to issues concerning linking of their Aadhaar to their bank accounts.  In view of this, Regional Director, Reserve Bank of India, New Delhi may identify possible areas of difficulties and issue an advisory to all the banks in NCT of Delhi to ensure smooth release of the social security amounts to persons with disabilities, who are dependent on the disability pension, etc. for their livelihood/maintenance.   

7.      There is no provision for compensation in the Rights for the Persons with Disabilities Act, 2016.  Hence, no recommendation can be made for the same.

8.      The matter is disposed off.

9.      Given under my hand and the seal of the Court this 23^rd day of April, 2018.     

                                                                           (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Copy to: 

1.   The Regional Director, RBI, 6 Sansad Marg, New Delhi-110001.  For appropriate action in terms of the recommendation in para 6.
2.   Secretary, Department of Social Welfare, Govt. of NCT of Delhi for information.  

Mohd. Faizan Vs. Director, Deptt of Social Welfare & Anr. | Case No. 97/1024/2018/02/6589-91 | Dated: 09.04.2018

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, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 97/1024/2018/02/6589-91                                  Dated: 09.04.2018

In the matter of:

Mr. Mohd. Faizan

S/o Sh. Mohd. Aslam

H. No. 21 X, Fatak Wali Gali, Khureji Khas,

Delhi-110051                                                                      ................ Complainant

                                          Versus                           

The Director,

Department of Social Welfare

GLNS Complex

New Delhi-110002

(Attention: Ms. Shilpa Shinde, Director, Social Welfare)     ………...…Respondent No.1

The Branch Manager

Oriental Bank of Commerce

Laxmi Nagar(Near Nath Sweet)

Delhi-110082                                                                     ………...…Respondent No.2

Date of Hearing:    07.03.2018

Present:       Mr. Mohd. Faizan, Complainant along with his father Sh. Mohd. Aslam

Sh. Kanwaljeet Singh, Senior Branch Manager(OBC) on behalf of the Respondent No. 2.

Date of Hearing:`   05.04.2018

Present:       Complainant on phone.

                   None on behalf of respondents.

ORDER

          The above named complainant, a person with 75% intellectual disability vide his complaint received through his father Sh. Mohd. Aslam received through Sh. S.K. Bagga, MLA Krishna Nagar vide his letter dated 06.02.2018 under the Rights for the Persons with Disabilities Act, 2016, herein after referred to as the Act submitted that he has not received disability pension since February, 2017.  Department of Social Welfare asked him to link his Aadhaar (XXXXXXXX5180) to the Bank account number (XXXXXXXXXX9118) in Oriental Bank of Commerce on NPCI mode.  His Bank A/c was still linked to Aadhaar on KYC mode but not NPCI mode which is mandatory for pension.  His father has made a number of visits to the Bank and Social Welfare Department, but he has not got his pension so far.

2.       Sh. Kawaljeet Singh Ahuja, Branch Manager, when contacted on phone on 08.02.2018, informed that the said account has been linked to Aadhar on NPCI mode on 03.02.2018.  The complaint was thereafter taken up with the respondents vide notice dated 09.02.2018 and a hearing was also scheduled on 07.03.2018 under the Rights of Persons with Disabilities Act, 2016, hereinafter referred to as the Act.

3.       The respondent No. 2 vide letter dated 07.03.2018 reiterated that the Aadhaar Number (XXXXXXXX5180) of Sh. Mohd. Faizan has been linked with his SB account No. (XXXXXXXXXX9118) with the bank with DBT flag “Y”.  The report generated of same from the system was also attached.  It was also submitted that Sh. Mohd. Aslam f/o Sh. Mohd. Faizan visited the branch along with one representative from the office of Hon’ble MLA Sh. S.K. Bagga and the status was confirmed to them about linkage of Aadhaar with SB account. 

4.       During the hearing on 07.03.2018 Sh. Kanwaljeet Singh Ahuja. Sr. Manager also informed that the pension has not been credited to the account of Mohd. Faizan.

5.       Sh. Mohd. Aslam stated that he visited the office of District Social Welfare Officer of East District at Geeta Colony three times.  He was not allowed to meet Ms. Seema Bawa, District Social Welfare Officer by the Attendant and she scolded him and told that it was not possible to meet Ms. Seema Bawa.  Finally, he handed over the papers to the person at the counter who also behaved very rudely with him.

6.       From the interaction with the complainant during the hearing, it was observed that Sh. Aslam was very hesitant to narrate his experience in the office of District Social Welfare Officer fearing reprisal and further harassment by the concerned officials. 

7.       As none appeared on behalf of Director, Social Welfare, Ms. Seema Bawa, District Social Welfare Officer was contacted on phone.  She could not give the status of the case despite the fact that the State Commissioner had informed her about the inordinate delay in settling the matter and the harassment to the complainant before taking up the complaint on 09.02.2018, i.e. almost a month ago.  It seemed that the complaint and show cause-cum-hearing notice dated 09.02.2018 had not reached her office.  She however advised that the complainant could meet her on 08.03.2018. 

8.       Before bringing the matter to the notice of Director, Social Welfare on phone during the hearing, Ms. Saroj Rawat, Deputy Director in the Social Welfare Department was also contacted.  She checked the record and informed that the Aadhaar Number of Sh. Mohd. Faizan was not correct in the record and no information had been updated by the District Office.  She however promptly updated the record based on the original documents produced by Sh. Aslam who visited her office after the hearing and assured him that the pension would be credited to the account of the complainant by end of March, 2018. 

9.       Director, Social Welfare, the respondent No. 1 was advised to look into the matter and take appropriate action so that persons with disabilities in need are not harassed by the officials whose duty is to serve them.  Respondent No. 1 was also advised to intimate the action taken in the matter by 02.04.2018 and take appropriate measures to ensure that the complainant and his parents are treated with dignity and their complaint is handled with promptitude.

10.     Smt. Saroj Rawat, Dy. Director (FAS) vide letter dated 28.03.2018 informed that as per the record, the Aadhaar number of Sh. Mohd. Faizan was not correct.  Therefore enhanced pension had not been remitted into his account.  Now on the basis of documents produced by Sh. Mohd. Aslam f/o Mohd. Faizan, necessary corrections have been made in the data base and the payment of Rs. 20,000/- has been released into his Aadhar linked account.

11.     On the next date of hearing on 05.04.2018 Sh. Mohd. Aslam father of the complainant confirmed on phone that the arrears of disability pension has been credited to the account of the complainant and he also met Smt. Seema Bawa in her office.

12.     In the light of the above while the complaint is disposed off, respondent No. 1 is advised to issue appropriate advisory to all concerned in the Department of Social Welfare to be responsive, sensitive and courteous to persons with disabilities and their family members.  Appropriate action be also taken to induct disability as a component for all the Social Welfare Officers and other functionaries of Department of Social Welfare as required u/s 47(1)(b) of the Act besides organising sensitization workshops for the Officers and Staff of the Department at all levels as soon as possible.  At least one such workshop be organised by 31.05.2018.

13.     Action taken on the above recommendation be intimated to this Court within 3 months from the date of receipt of this order as required u/s. 81 of the Act.

14.     The complaint is disposed off.

15.     Given under my hand and the seal of the Court this 09^th day of April, 2018.      

                                                                           (T.D. Dhariyal)

           State Commissioner for Persons with Disabilities

Kaushlesh Kumar Vs. Director, Deptt of Social Welfare | Case No. 49/1092/2017/12/6512 -13 | Dated : 03.04 .2018

न्यायालय राज्य आयुक्त दिव्यांगजन 

राष्ट्रीय राजधानी क्षेत्र दिल्ली सरकार

25 डी, माता सुंदरी मार्ग, नियर गुरू नानक आई सैंटर, नई दिल्ली-02

दूरभाष  सं॰ 23216001, टैलीफैक्स-23216005

ईमेल: सीओएमडिआईस.दिल्ली एनआईसी.इन

केस सं॰ 49/1092/2017/12/6512 -13                                                        दिनांक - 03.04 .2018 

के संदर्भ में:

श्री कौशलेश कुमार
162/1, रेलवे कॉलोनी,
थॉमस रौड़, मिंटो रौड़,
न्यू दिल्ली-110002                                                                                 .............. शिकायतकर्ता

                             बनाम

निदेशक
समाज कल्याण विभाग
दिल्ली सरकार
जी. एल. एन. एस. कॉम्पलैक्स, दिल्ली गेट,
न्यू दिल्ली-110001                                                                              ..................प्रतिवादी

आदेश

उपरोक्त शिकायतकर्ता जो कि 86 प्रतिशत  चलन विकलांग है, ने अपनी शिकायत दिनांक 15.11.2017 के माध्यम से बताया  कि  उन्हें  पिछले कई वर्षों  से समाज कल्याण विभाग, दिल्ली सरकार के द्वारा खाता संख्या-32370919478, बैंक एस. बी. आई. में विकलांगता पेंशन रू॰ 1500/- प्रति माह मिल रही है। समाज कल्याण विभाग, दिल्ली सरकार द्वारा विकलांगता पेंशन अप्रैल 2017 से रू॰ 2500/-प्रति माह कर दी गयी है, परन्तु उनके खाता में यह राशि प्रेषित  नहीं हुई है। वह समाज कल्याण विभाग भी गये थे जहाँ उन्हें श्री कुन्दन नाम के कर्मचारी ने बताया कि रू॰ 1500/- प्रति माह ही प्रेषित की जायेगी।

2. मामले को प्रतिवादी के साथ दिनांक 07.12.2017 के माध्यम से उठाया गया। प्रतिवादी ने अपने पत्र दिनांक 13.12.2017  के माध्यम से जांच रिपोर्ट प्रस्तुत की जिसके अनुसार, विकलांगता पेंशनराशि  पी. एफ. एम. एस. के माध्यम से लाभार्थी के आधार से लिंक खाते में प्रेषित  की जा रही है। अतः जिन लाभार्थियों का खाता आधार से लिंक नहीं है उन सभी लाभार्थियों को पुरानी दर से ही पेंशन दी जा रही है। चूँकि अभी तक शिकायतकर्ता का खाता आधार से लिंक नहीं था इस कारण शिकायतकर्ता की विकलांगता पेंशन पुरानी दर (रू॰ 1500/- प्रतिमाह) से ही प्रेषित की जा रही थी।दिनांक 30.11.2017 को संबंधित जिला समाज कल्याण कार्यालय (मध्य) द्वारा प्राप्त रिपोर्ट के अनुसार लाभार्थी का खाता आधार से लिंक हो चुका है अतः जल्दी ही लाभार्थी की विकलांग पेंशन बढ़ी हुई दर (रू॰ 2500/- प्रतिमाह) खाते में प्रेषित   कर दी जायेगी। इसके अतिरिक्त शिकायतकर्ता को सूचित किया गया है कि जब से लाभार्थी का खाता आधार से लिंक होगा तभी से उन्हें  बढ़ी हुई पेंशन राशि दी जायेगी।

3. दिनांक 22.01.2018 के पत्र द्वारा शिकायतकर्ता को बताया गया कि वह प्रतिवादी के निर्णय से संतुष्ट नही हैं तो 15 दिनों के अन्दर अपना  प्रतिउत्तर प्रस्तुत करे। शिकायतकर्ता ने अपने पत्र दिनांक 29.01.2018 द्वारा सूचित किया गया कि उन्हें  बढ़ी हुई विकलांगता  पेंशन राशि रू॰ 2500/- प्रति माह दिनांक 31.11.2017 से खाते में प्रेषित  हो रही है, अतः उनकी शिकायत को बंद कर दिया जाए।

4. तद्नुसार शिकायत का निपटान किया जाता है।

5. आज दिनांक 02.04.2018 इस न्यायालय व राज्य आयुक्त द्वारा मोहर के साथ जारी किया गया ।

( टी. डी. धारियाल )

राज्य आयुक्त दिव्यांगजन

Neeta Sarkar & 2 others Vs. Dte of Social Welfare | Case No. 4/1658/2017-Wel/CD/5862-64 | Dated: 27.02.2018

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, Telefax: 011-23216005, Email: comdis.delhi@nic.in

[Vested with powers of Civil Court under the

Rights of Persons with Disabilities Act, 2016]

Case No. 4/1658/2017-Wel/CD/5862-64                 Dated: 27.02.2018

In the matter of:

Ms. Neeta Sarkar,

D-370, Indra Park

Najafgarh, Delhi-110043.                                    …… Complainant   No.1  

Mrs. Sulata Sarkar

D-370, Indra Park,

Najafgarh, Delhi-110043.                                    ……. Complainant No.2

Sh. Bhanu Gopal Sarkar,

D-370, Indra Park,

Najafgarh, Delhi-110043.                                    …….Complainant  No.3

                                                      Versus

The Director,

Directorate of Social Welfare

Govt. of NCT of Delhi,

GLNS Complex, Delhi Gate,

New Delhi-110002.                                                     …...…Respondent

ORDER

               Ms. Neeta Sarkar, D/o of B.G. Sarkar, a person with mental illness  vide her complaint dated 27.05.2017 submitted that she had not received Handicapped financial assistance for the month of April, 2017 though she submitted her Aadhaar  Card to the Union Bank of India, Najafgarh.  Ms. Sulata Sarkar, W/o Shri B.G. Sarkar, a person with mental illness vide her complaint dated 23.06.2017 also submitted that she was not getting her Handicapped Pension from April 2017 due to negligence of the officials of Social Welfare Department. The complaints were taken up with the respondent  vide notice date 27.07.2017 & 23.08.2017 respectively.

2.           Vide letter dated 23.08.2017 & 26.09.2017, Social Welfare Department submitted the following  status of the cases:

“Ms. Neeta Sarkar: Pension has been remitted regularly.  Her Aadhaar  has been linked with her account in Union Bank of India on 13.04.2017  and after that the enhanced pension @ Rs/ 2500/- p.m., the payment of Rs. 5000/- (April & May 2017) on 16.06.2017 and Rs. 5000/- (June and July 2017) on 03.08.2017 has been released into her Aadhaar linked account number 0488 Union Bank of India through PFMS.

Ms. Sulata Sarkar: Payment of Rs. 5000/- for the month of April and May 2017 was released on 06.06.2017 through PFMS and same was returned with the reason of inactive Aadhaar.  Therefore, the returned amount of Rs. 5000/-  alongwith the payment for next two months i.e. June & July 2017 Rs. 3000/- (@ Rs. 1500/- p.m. Aadhaar  is not linked with her bank account) have been released on 25.08.2017 through ECS (Electronic Clearing System of RBI) by this department into her banck account no. 691502010010498 Union Bank of India, Roshan Pura, Najafgarh.

At present her Aadhaar  is not linked with any bank.  To receive enhanced pension beneficiary may get Aadhaar  linked with her bank account. 

*Aadhaar  Bank linking status can be found on the mobile app by dialing *99*99# and giving Aadhaar  number.  Information about the bank to which the Aadhaar  is linked currently as well as date of linking as well as date of linking is provided through this method.”

3.           The above letters were forwarded to the complainants for comments if any vide letter dated 27.10.2017.  Though no comments were received, Sh. B.G Sarkar, was heard on 22.02.2018. He confirmed that Ms. Neeta Sarkar and Ms. Sulata Sarkar are now getting the increased disability pension @ Rs. 2500/- per month and this case can be closed. He also recorded his statement to this effect.   The issue of linking their Aadhaar to the account in Union Bank of India is the subject matter of another case.  Hence, the complaint is closed.

4.           Given under my hand and the seal of the Court this 26^st  day of February,  2018.                                     

                                                                                       (T.D. Dhariyal )

                      State Commissioner for Persons with Disabilities

View the digitally signed PDF order here:

Chaman Lal Vs. Dy Director Disabilities, Deptt of Social Welfare | Case No. 4/1336/2016/D/3172-73 | Dated: 30.11.2017

In the Court of Commissioner for Persons with Disabilities

National Capital Territory of Delhi

25- D, Mata Sundari Road, Near Guru Nanak Eye Centre, New Delhi-2

Phone-23216002-04, Telefax: 23216005

[Vested with power of Civil Court under the Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995]

Case No. 4/1336/2016/D/3172-73                                                Dated: 30.11.2017

In the matter of:

Sh. Chaman Lal,

H.No. 448, Jwala Nagar

Shahdara, New Delhi -110032                                        …………….... Petitioner     

                                                                     

Versus

The Deputy Director (Disabilities)

Department of Social Welfare,

Government of NCT of Delhi

GLNS Complex, Delhi Gate

New Delhi-110002                                                             ……...…Respondent

           

Date of hearing:

Present:  

ORDER

                  The above named complainant Sh. Chaman Lal, a person with 80 % Locomotor disability vide his complaint dated 06.07.2016 submitted that he is about 63 years of age and he is higher secondary pass.  He applied for various jobs but is unemployed.  He had not being receiving pension for persons with disabilities for last 3 years.  He further stated that his wife was also a person with 75% disabilities and was not getting disability pension.  The complainant requested that he be granted disability pension. 

2.  The complaint was taken up with the respondent vide communication dated 05.09.2016, 10.10.2016 and 15.11.2016 followed by a hearing on 28.12.2016.

3.   The respondent vide letter dated 20.12.2016 informed that Department of Social Welfare, Government of Delhi is running financial assistance scheme to persons with special needs.  Under the scheme, an assistance of Rs. 1500/- is provided to persons with disabilities between the age 0-60 years.  As the complainant was 63 years of age, he was not eligible to avail the benefit under that scheme.  However under the old age pension scheme, an assistance of Rs. 1000/- per month (60-69) and Rs. 1500/- per month (70 years and above) was provided to senior citizens above 60 years of age who are resident of Delhi for 5 years having income less than Rs. 60000/- per annum. 

4.   Respondent further submitted that on scrutiny of the old age pension record, the complainant was already getting the benefit under the old age pension scheme @ Rs. 1000/- per annum which was being remitted regularly to his savings account Number 02552011025926 in Oriental Bank of Commerce, Shahdara.  The last payment was released on 14.12.2016.  As the complainant was availing old age pension he was not eligible for other pension. 

5. In view of the fact that the complainant was getting old age pension, in accordance with the scheme he cannot get the disability pension besides, the complainant has not pursued the matte.  The complaint is closed and disposed off accordingly.

(T.D. DHARIYAL)

Commissioner for Persons with Disabilities