In
the Court of State Commissioner for Persons with Disabilities
National Capital
Territory of Delhi
25- D, Mata
Sundri Road, Near Guru Nanak Eye Centre, New Delhi.
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act, 2016]
Case No. 351/1141/2018/06/1851-52 Dated: 15.04.2019
In the matter of:
Sh. Ram Kumar Chaubey,
B-318,/3/7A, Ground Floor,
Chungi No.2, Lal Kuan,
New Delhi-110044.
................
Complainant
Versus
The General Manager,
BSES Rajdhani Power Limited,
GLNS Complex, Delhi Gate,
BSES Bhawan, Nehru Place,
Nearest Landmark: Nehru Place Bus Terminus,
New Delhi-110019. ……...…Respondent
Date of Hearing 11.04.2019
Present: Sh.
Ram Kumar Chaubey, Complainant,
Sh. Vivek Rathi, Legal
Retainer and Sh. Abhishek Tripathi, Sr. Manager, BSES on behalf of respondent.
ORDER
The above named complainant, a person with 60%
locomotor disability vide his complaint dated 04.06.2018 stated that he applied
for an electric connection on 31.05.2018.
He received an SMS to contact some person in BSES who told him that the
complainant cannot get electric connection.
He requested for intervention of this court for getting an electric
connection.
2. The complaint was taken
up taken up with the respondent vide letter dated 08.10.2018 followed by
reminders dared 23.10.2018, 28.11.2018 and 02.01.2019 under the Rights of
Persons with Disabilities Act, 2016, hereinafter referred to as ‘Act’. As no response was received from the
respondent, a hearing was scheduled on 11.04.2019.
3. Sh. Vivek Rathi, Legal
Retainer and Sh. Abhishek Tripathi, Sr. Manager, BSES appeared and submitted
that they did not receive any communication other than the summons dated 27.03.2019. Therefore, they could not submit a written
reply. They produced computer generated
rejection letter dated 01.06.2018 vide which the complainant was intimated that
BSES was unable to process his request as it requires NOC from DDA.
4. Vide
letter dated 14.06.2018, DDA informed the respondent that-
“In continuation of this office
even letter No.F5(3)/15-16/Hort.VI/DDA/132 dated 28.01.2016. As you well aware about the Hon’ble Supreme
Court of India have directed that no any type of constructions are allowed in the
Ridge area in Delhi Lal Kuan this area under the control of DDA. In this area daily complains are coming to
encroached the land by the persons from surrounding locality. Despite of BSES Ltd. have sanctioned the
electricity connection without proper examine papers of the illegal
encroachers. Lal Kuam, Prem Nagar & Nardan Basti is DDA Land pertain to
Horticulture Division-VI/DDA. You are
hereby directed to take the NOC from DDA before issuing new connection or
shifting the connection.
You are requested to stop the
new connection to such type of illegal encroachers. Otherwise it will be confirmed that you are
mixed up with the land mafia/ encroachers in this area. If you will be the new connection you will
responsible to reply will made Hon’ble Supreme Court of India.”
5. Vide
another letter dated 23.10.2018 also, DDA has drawn attention of BSES against
illegal construction in ridge area and issue of electric connection without NOC. The representatives of the respondent
therefore submitted that BSES can not give electric connection in the locality
where the complainant resides; even though BSES is suffering loss of revenue. Without NOC from DDA, BSES can not issue
electric connection to the complainant.
6. The
complainant submitted that he did not receive any communication from BSES other
than the SMS and therefore he did not know that he had to obtain NOC from DDA. He further submitted that he did not have any
supporting documents if anyone in that area was given an electric connection
after he applied on 31.05.2018.
7. In
light of the documents submitted by the respondent during the hearing, the
complainant may approach DDA for NOC and if he submits the NOC from the DDA, the
respondent shall provide electric connection to the complainant within 10 days
from the date of submission of the NOC alongwith relevant documents. In case of any delay in providing the
electric connection, the complainant may inform this court.
8. The complaint is disposed of.
9. Given under my hand and the seal of the
Court this 15th day of April, 2019.
(T.D. Dhariyal)
State Commissioner for
Persons with Disabilities
