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-110002
[Vested
with powers of Civil Court under the Rights of Persons with Disabilities Act,
2016]
Case No.904/1111/2019/05/3537-3540 Dated:16.07.2019
In the matter of:
Sh.
Karan Bhatia,
G-203, Sidh Apartment,
Plot No.107, I.P. Extension,
Patpargang, Delhi-110092. .………..Complainant
Versus
The Secretary –cum- Commissioner
O/o.
the Divisional Commissioner,
Department
of Revenue,
5,
Sham Nath Marg,
Delhi-110054 …………..Respondent 1
The District Magistrate (East)
L.M.
Bund, Shastri Nagar,
Delhi-110031 …………..Respondent 2
The Sub Divisional
Magistrate (East),
Pusta Road, Geeta Colony,
Delhi-110031 …………..Respondent 3
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SPECIMEN
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Sh. Karan Bhatia on behalf
of his father Sh. Kamal Kant Bhatia, a person with disability, has filed a
complaint vide e-mail dated 14.05.20419 which was registered in L.G Listening
Post Portal and received from the office of the Divisional Commissioner, Delhi
(Respondent No.1) vide letter dated 20.05.2019 under the Rights of Persons with
Disabilities, Act 2016, here in after referred to as the Act. He had also sent e-mails to the Office of
Hon’ble Prime Minister, India, Chief Minister, Deputy Chief Minister, Law
Minister, Divisional Commissioner, GNCT of Delhi. Vide his e-mail dated 14.05.2019 submitted
that his father had a brain stroke in 2008, 2011 and 2018. After prolonged
treatment, he is bed ridden and has lost his speech. He further submitted that he alongiwth his
father visited the SDM(East) Office to get the will of his father registered
alongwith GPA. Though GPA was registered
but will was not registered and the Sub Registrar did not treat his father
properly and with dignity as his father was/ is unable to speak properly. The
Sub Registrar did not make enough efforts to ascertain the provisions of the
law and to understand what his father was trying to say. The complainant further alleged that the
officials made his father feel miserable, hurt and embarrassed because he could
not speak for himself. The complainant
requested that his father’s will be registered and he should be given an
opportunity to speak what he wants.
2. The
matter was taken up with respondents vide Show Cause cum Hearing Notice dated
04.06.2019 and were directed to show cause why necessary
documentation cannot be done by deputing officials at the residence. It had also been decided to hold a hearing in
the matter on 22.07.2019 under Section 82 of the Act.
3. Sub Registrar, VIII-A, East District, vide
his letter dated 03.07.2019 responded to Show Cause cum Hearing Notice dated
04.06.2019 as under:-
“Sir,
With
reference to the notice to Show Cause-cum-hearing received from your good
office which further forward from the Office of the Divisional Commissioner,
Govt. of NCT of Delhi vide their letter No. F.1(9)/DC(HQ)/PGMS/2019/1273 dated
20/05/2019. It is to stated that on
07/05/2019 two instruments in the name and style as GPA and will was presented
in this office for registration, out of which the GPA was registered vide
registration No. 381 dated 08/05/2019 as Executants had answered the basic of
mandatory questions through his signed of consent, but during the course and
presentation of will, the testator was not properly responding even through his
sign of consent, but, during the course of presentation of will, the testator
was not properly responding even through his sign of consent, hence, on being
safer side, and for the shake of testator that whether he is free will or
influence, the undersigned did not allow
the same for presentation/registration.
Further, on receipt of the instant Show Cause Notice, the undersigned
after getting the formalities fulfilled for home presentation, reached to the
house of the testator and presented the instrument on 27/06/2019 which further
registered vide registration No. 377 on being satisfied with his sign of
consent on the asked questions during presentation.
Now,
the complaint of the complainant has been redressed and therefore it is
requested to kindly withdraw the Show Cause Notice and the case may be
file.
Yours faithfully,
(Rakesh Kumar Meena)
Sub Registrar, VIII-A”
4. The
complainant was contacted on telephone on 15.07.2019 to check whether the
concerned officers have registered his father’s will and he was satisfied with
the action taken by the concerned authorities.
The complainant confirmed that the concerned officers visited his house
and completed all the necessary formalities and registered his father’s will
and he and his father are satisfied with
the action taken by the concerned officers.
5. The
above action of the concerned officer under the guidance of
Secretary(Revenue)-cum-Divisional Commissioner is indeed positive and should be
appreciated. However, I reiterate the
need for intensive as-well-as extensive sensitisation and capacity building
programmes for the officers and staff of Govt. of NCT of Delhi, the
Corporations and all other agencies/ organisations operating from NCT of Delhi
on the issues relating to rights of persons with disabilities at regular
intervals.
7. Given under my hand and the seal of the
Court this 16th day of July, 2019.
(T.D. Dhariyal)
State Commissioner of Persons with Disabilities
State Commissioner of Persons with Disabilities
