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,
[Vested with powers of Civil Court under the
Rights of Persons with Disabilities Act,
2016]
Case No. 724/1092/2019/02/5476-5478 Dated:17.09.2019
In
the matter of:
Ms. Suvarna Raj
165,
Gali No. -13,
Balbir
Nagar Extn.
Shahadra,
Delhi-110032 .........
Complainant
Versus
The Motor Licensing
Officer
O/o
the Motor Licensing Officer
Transport
Department, GNCT of Delhi,
North
East Zone,
Loni
Road Delhi-110094. ........
Respondent No. 1
The
Secretary-cum-Commissioner
Transport
Department
5/9
Under Hill Road
Delhi-110054.
.…..
Respondent No. 2
Date of Hearing 12.09.2019
Present: Sh.
Pradeep Raj, Sh. Ravi Chauhan and Sh. Rajesh Kapoor on behalf of complainant,
Ms. Suvarna Raj.
Sh. R. Ramanthan, MLO, North
East Zone for respondent no. 1.
ORDER
The
above named complainant, a person with 90% locomotor disability (both lower
limbs) vide her email dated 06.02.2019 submitted that as per Department of
Heavy Industry office order no. 12(42)/2015-AEI (12455) dated 01.05.2018, GST
concession at the rate of 18% is provided on the cars for ‘physically
handicapped persons’. She further
submitted that she is planning to buy a car.
She has obtained a medical certificate from GTB Hospital with a lot of
difficulties. However, the MLOs at Loni
Road and Suraj Mal Vihar refused to issue the certificate without buying the
car. She has to apply for the GST
concession as her loan for purchasing the car has been sanctioned and all the
formalities at the show room have also been completed. She requested that she should be paid Rs.1.25
lakh which is the approximate amount of GST concession fee, if she is not able
to avail the GST concession because of the Transport Authority.
2. The complainant has also submitted that she
has not been refunded Rs. 3,500/- on account of road tax by MLO, Loni Road as
per to the order in case no. 4/1712/2017-Wel/CD and Case no. 86/1150/2018/01. MLO, Loni Road should be directed to do the
needful.
3. As the complainant had not enclosed copies
of Annexure ‘A’ and ‘B’ and on a clarification from Department of Heavy
Industry that State Road Transport can issue the certificate only after the car
is purchased/retrofitted, she was informed vide letter dated 26.02.2019 that no
purpose would be served by taking up the matter with the Transport Department, NCT
of Delhi at that stage. As regards
implementation of other orders of this Court, she was advised to make a
specific separate complaint or take up the matter with the appropriate
forum.
4. Vide her email dated 26.03.2019, the
complainant requested not to close her case and after exchange of a number of
correspondence, she submitted a copy of Annexure ‘A’, i.e. the application form
for issuance of certificate in respect of an ‘orthopedically disabled person’
for the purpose of GST concession and Annexure ‘B’, i.e. the Medical
Certificate vide her email dated 06.08.2019.
Thereafter, under the Rights of Persons with Disabilities Act, 2016,
hereinafter referred to as the Act, a notice to show cause-cum-hearing dated
19.08.2019 was issued to the respondents as to why the complainant should not
be issued the certificate in Annexure ‘D’ to the office order dated 01.05.2018
of Department of Heavy Industry for GST concession for purchase of a car. If the certificate was not issued by
28.08.2019, a hearing was scheduled on 12.09.2019.
5. The motor licensing Officer, North East
Zone vide letter dated 19.08.2019 addressed to the complainant with copy to
this Court informed that for issuance of certificate in Annexure ‘D’ for GST
concession for purchase of car by the persons with disabilities as per office
order no. 12(42)/2015-AEI (12455) dated 01.05.2018 of Department of Heavy
Industry, Ministry of Heavy Industries and Public Enterprises, a driving
license to drive a motor vehicle as per provision of section 3 (1) of Motor
Vehicle Act, 1988 is mandatory.
6. During the hearing on 12.09.2019, Sh. R.
Ramanathan, MLO North East Zone, Loni Road submitted that the complainant needs
to apply for Learners Driving License for which Form 1A has been prescribed
under Central Motor Vehicle Rules, 1989.
Had the complainant submitted that application in February, she would
have been issued permanent driving license by now. He therefore, suggested that the complainant
may apply for Learners Driving License in Form 1A on any working day and she
will be issued the Learners Driving License on the same day on completion of
formalities. Once the Learners Driving
License is issued, he will be issued the certificate in Annexure ‘D’ required
by Department of Heavy Industry on the same day on production of the
certificate in Annexure ‘B’ that he perused during the hearing.
7. Sh. Pradeep Raj H/o Smt. Suvarna Raj appeared on her behalf
and submitted that she has gone out of Delhi and will return on 15.09.2019. She will apply for Learners Driving License on
16.09.2019 or in the week commencing 16.09.2019. Sh. Pradeep Raj also submitted that the
process of issuing certificate to persons with disabilities for GST concession
etc. should be streamlined and necessary instructions may be issued to all the
concerned Licensing Authorities through a circular to ensure that persons with
disabilities do not get harassed.
8. As
per the Department of Heavy Industry office order dated 01.05.2018, the
conditions attached to the GST concession on cars for person with locomotor
disability are as under:
a)
Cars being able to be driven
by the physically handicapped; or
b)
Cars which has been suitably
designed to be able to be driven by physically handicapped; or
c)
Cars meant for physically
handicapped;
9. Annexure ‘A’ to the office order of Department of Heavy
Industry is an application format for issuance of certificate in respect of an
orthopedically disabled person (person with locomotor disability) for the
purpose of GST concession. At serial no.
11 of the said Annexure, an applicant has to give driving license number, if any.
So, for GST concession, having a driving license is not mandatory. Annexure B to the office order is a format of
medical certificate which, among other things, requires the doctor of a Govt.
Hospital or the Medical Board for issuing disability certificate to certify
that the applicant is fit to avail the benefit of GST concession with one of
the following conditions:
“i) His disability is such that he can use the
car only with assistance driver.
ii) His disability is such that he can drive
the car with automated transmission only.
iii)
His disability is such that he can
drive any car (Manual as well as Automated transmission) in spite of above
mentioned disability.
iv) His disability is such that he can drive
the car provided car can be suitably modified with necessary retrofitted
device.”
10. Annexure ‘C’ is a self certificate by an applicant that he/she
has not availed concessional rate of Excise Duty/GST on any car in the last
five years and will not dispose of the car purchased with Excise/GST concession
after purchase for a period of 5 years.
11. Certificate
on Annexure ‘D’ is issued by the Road Transport Officer of State Road Transport
Authority (Licensing Authority) to certify after verification that
applicant is capable of driving the car (name and model) and whether the car
requires any retrofitting or has been retrofitted according to his/her
locomotor disability. It indicates that
applicant should have a car which he/she can drive.
12. Annexure
‘E’ is a certificate to be issued by the Department of Heavy Industry based on
the application of a person with locomotor disability, the Medical Certificate
and the certificate issued by the Transport Authority which certifies that the
particular car indicating the name of the model of the car is capable of being
driven/used by the applicant
concerned who has a disability to be indicated in the certificate as certified
by the concerned Medical Authority. It
does not specify that the concession is available only to persons with
locomotor disability. It also gives an
impression that it is not necessary for an applicant with disability to drive
the car as the certificate mentions that the car is capable of being driven/used by the person with disability.
13. It
is observed that the complainant has mentioned NA (Not applicable) against
column no. 11, “Driving license no. if
any” in Annexure ‘A’. In Annexure ‘B’,
Dr. Ish Kumar Dhammi, MS (Ortho), Consultant, Ortho Surgeon, Dept. of
Orthopedics UCMS & GTB Hospital and Dr. Anil Yadav, Staff Physician, GTB
Hospital have issued the medical certificate which, among other things, reads,
“his disability is such that he can drive
the car provided car can be suitably modified with necessary retrofitted device”.
They have recommended the complainant for purchase of the car for her use. Annexure D is the certificate to be issued by
the Transport Officer of the State Road Transport Authority which certifies
after verification that the person concerned is “capable” of driving car of a particular model with or without
retrofitted device. As the certificate given
in Annexure ‘B’ establishes the capability of the complainant to drive a car
and after verification, the MLO can issue the said certificate.
14. In
light of the above discussion, the following recommendations are made:
i) The complainant should submit application in Form 1A to the
MLO, North East Zone alongwith the relevant documents on 16.09.2019 or in the
week commencing that date.
ii) MLO, North East Zone should issue the Learners Driving License
and Annexure ‘D’ to the complainant as soon as possible thereafter.
iii) The complainant will intimate this Court and email a copy of
the Learners Driving License and the Annexure ‘D’ by 20.09.2019.
iv) Respondent No. 2 is advised to issue appropriate advisory to
all the MLOs to facilitate issuance of Annexure ‘D’ and driving licence to
persons with disabilities and ensure that they do not get harassed on account
of multiple visits etc.
15. The
complaint is dispose of.
16. Given
under my hand and the seal of the Court this 16th day of September,
2019.
(T.D. Dhariyal)
State Commissioner for Persons with
Disabilities
