In
the Court of the 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. 1037/1061/2019/07/6359-6362 Dated:09.10.2019
In the matter of:
Sh. Raj
Kamal Narayan,
B-30/1,
1st Floor, Gali No-6
New Modern Shahdara,
Delhi-110032. ............Complainant
Versus
Sh. Ajay Kamal
Narayan,
B-30/1,
2nd Floor, Gali No-6
New
Modern Shahdara,
Delhi-110032. ......Respondent No. 1
Sh. Vijay Kamal
Narayan,
B-30/1,
Ground Floor, Gali No-6
New
Modern Shahdara,
Delhi-110032. ......Respondent No. 2
Last date of Hearing: 01.10.2019
Present: Sh. Raj Kamal Narayan,
Complainant
Sh.
Ajay Kamal Narayan, Respondent No. 1
Sh.
Vijay Kamal Narayan, Respondent No. 2
ORDER
The above named complainant, a person with 90% locomotor disability vide
his complaint dated 12.06.2019 submitted that he is a Government teacher posted
in Directorate of Education, GNCT of Delhi.
He purchased a property measuring about 50 Sq. Yd. consisting of one and
a half storey building at B-30/1, 2nd Floor, Gali No-6, New Modern Shahdara,
Delhi-110032 in 2004 with his own funds.
He subsequently, constructed upto 3rd floor with the personal
loan taken from the bank and personal savings in 2013. He is single and permitted his younger
brothers Sh. Vijay Kamal Narayan and Sh. Ajay Kamal Narayan to reside in the
said house. Sh. Vijay Kamal Narayan stays
on the ground floor with his family and Ajay Kamal Narayan on the second floor
and he, himself stayson the first floor of the house.
2. The complainant alleged that the behaviour of Sh. Vijay Kamal
Narayan and his family members had not been good towards him and had a mala
fide intention to grab his property. He
also alleged that Sh. Vijay Kamal Narayan, who is also a Govt. teacherin
Directorate of Education, GNCT of Delhi used to pressurize him to transfer 50% portion
of the said property in his name otherwise he may be implicated in false
criminal cases. The complainant had conveyed
to him that after his death, the property would be equally distributed between his
two younger brothers,Sh. Vijay Kamal Narayan and Sh. Ajay Kamal Narayanas he has
no legal heir except them. However, on
31.05.2018, Sh. Vijay Kamal Narayan and his family members started quarrelling
with the complainant. He called his
youngest brother, Sh. Ajay Kamal Narayan and other respectable persons of the
locality and got the ground floor vacated.
They shifted to a tenanted house in Dilshad Colony. The complainant put some articles and
valuables in one room of the ground floor and locked two rooms after taking
peaceful and vacant possession of the premises.Hefurther submitted that he also
used to get the house cleaned and often used it as guest room.
3. On 10.06.2019 at around 12.30 PM, Sh. Vijay Kamal Narayan and
his wife visited him when he was alone in the house. He alleged that while he welcomed them into
his first floor house and served them cold drink, within 15 minutes his brother
and his wife came out of the room and started manhandling him. Their children
namely Ms. AmbikaTyagi, Ms. Radhika Tyagi and Master Rohan Tyagi forcefully
entered and trespassed the ground floor and illegally took its possession by
breaking the locks of the two rooms. They
also removed the valuable articles worth Rs. 25,000/-. The complainant called the police on 100 at
around 01.30 PM. After he narrated the incident, the police informed him that as
the matter was of civil nature, they could not help much and advised him to
approach Civil Court. He also went to
the Police Station Thana- Mansarovar Park, Shahdara, Delhi. However, the police did not register any FIR. This encouraged Sh. Vijay Kamal Narayan and
his wife who used derogatory words against him and threatened him and claimed,
“POLICE HAMNE KHARID RAKHI HAI. AGAR JYADA SHOR KIA TO TUJHE BHI JAAN SE MAAR
DENGE”.
4. On 11.06.2019, Sh. Vijay Kamal Narayan again came alongwith
his other household items in small truck and forcefully put his household items
in 2 rooms. His youngest brother Sh.
Ajay Kamal Narayan also dialled the police on 100 from his mobile. The PCR came and after he narrated the
incident, they also advised to approach Civil Court. Sh. Vijay Kamal Narayan and his family
members including his wife threatened him to implicate him in false sexual
harassment case and also of dire consequences.
The police officials of Mansarovar Park, Shahdara refused to receive the
written complaint of the complainant.
5. In view of the above, the complainant requested in his
complaint addressed to the Chief Commissioner for Persons with Disabilities to
take appropriate action against Sh. Vijay Kamal Narayan, his wife
MeenakshiTyagi and his children Ms. AmbikaTyagi, Ms. Radhika Tyagi and Master
Rohan Tyagi as per the law. A copy of the said complaint was also marked to
DCP, ACP and the SHO,Mansarovar Park,ShahdaraDistrict.
6. The complaint was receivedin this court on 18.07.2019 from the
Court of Chief Commissioner for Persons with Disabilities andwas taken up with
the respondents vide showcause-cum-hearing notice dated 07.08.2019 and a
hearing was fixed on 05.09.2019.
7. Sh. Ajay Kamal Narayan, respondent No. 1 in his reply dated
02.09.2019 has confirmed the contents of the complaint dated 12.06.2019.
8. Sh. Vijay Kamal Narayan, respondent No. 2 vide his reply dated
nil received on 29.08.2019 has denied the allegations and has submitted inter-alia
that he is working as a Govt. teacher since 1992. The said property atB-30/1, Gali No-6 New
Modern Shahdara, Delhi-110032, was bought in 2004out of the income of the joint
family consisting of the three brothers and their father who was alive thenand
by taking loan which was repaid by him as well.
The reconstruction of the house in 2013 was also done with his income
and the income of the joint family. His
father gave him the possession of ground floor in 2004. He or his family members have never misbehaves
with his elder brother nor have they threatened him. He has equal share in the
said property and they were all living in the joint family peacefully. He shifted to the other house on rent as the
education of his children was getting affected due to frequent quarrels in the
house. He often used to go to the houseand
clean it. The allegation of beating,
abusing threatening etc. are false, when the police came to the spot and
enquired about the matter, they found that the articles inside the house on the
ground floor belonged to him and the police left after counselling and advising
them not to disturb the peace. The
respondent No. 2 has further submitted that he has been handing over his income
to his father, and subsequently as per his directions, to his elder brother Sh.
Raj Kamal Narayan since his initial days of service in 1992. As Sh. Raj Kamal Narayan was the eldest among
the brothers and a divorcee with disability.
The General Power of Attorney of the said house was therefore done in
the name of Sh. Raj Kamal Narayan.Sh. Sri Pal Bhati from whom the house was
bought, made a ‘Will’ in the name of their father Sh. Jai Prakash Narayan which
is available with the complainant.
9. Sh. Vijay Kamal Narayan vide his two letters dated 30.09.2019
also submitted that the statement of the complainant that he paid him Rs. 10
Lakh for his businessis false. Sh. Ajay Kamal Narayan and his wife had two
companies namelyVardhman Engineering Works, Krishna Vihar, 44/15, BehtaHajipurLoni,
Ghaziabad & Jai Durga Metalizing, Krishna Vihar, 44/15, BehtaHajipurLoni,
Ghaziabad which had no connection with him.
The said Rs. 10 Lakhwas given by the complainant to Sh. Ajay Kamal
Narayan, respondent No. 1 and not to him.
Vide his second letter, he submitted that the complainant has filed CS
no. 678/2019Raj Kamal Narayan Vs. Vijay Kamal Narayan in District and Sessions
Judge, Shahdara, Karkardoomaon the same issue.
10. The complainant vide his letter dated 05.09.2019 has submitted
15 documents which include a copy of General Power of Attorney, Will deed,
Agreement, Witness Deed, Affidavit, Sale Agreement (Sole Deed), Receipt, Call
100 Number on 10.06.2019 and or 11.06.2019, Aadhar Card, Election ID Card,
Property Tax Receipt, Electricity Bill, Photographs, Disability Certificate and
Employee Details.
11. During the hearing on 05.09.2019, the complainant, Sh. Raj Kamal Narayan reiterating his
written submissions added thatbecause of the misbehaviour of Sh. Vijay Kamal
Narayan, his wife and his children, he often gets humiliated and hurt. After he was manhandled by the son of Sh.
Vijay Kamal Narayan, he was forced to report the matter to police. He otherwise has no problem withhis brothers
living with him in his house. It is
because of the disrespect and the ill-treatment meted out to him that he wants
Sh. Vijay Kamal Narayan to leave the house, else he himself may have to leave
and stay elsewhere. He also produced
some photographs of the ground floor house to show that it was empty before Sh.
Vijay Kamal Narayan returned on 10.06.2019 after staying away for 13 months.
12. Sh. Vijay
Kamal Narayan, respondent No. 2 on other hand submitted that he or his family
has no dispute with his elder brother.
He, with his family shifted to Dilshad Garden on a rented house as his
daughter was taking some tuitions. He returned
with his family after 13 months but the complainant did not allow him to enter
and calledthe police,who after enquiry,let him and his family enter the
house. He wants to stay in the house
peacefully. He also stated that he
contributed about Rs. Six Lakh for buying the house in question.
13. Sh. Ajay
Kamal Narayan, respondent No. 1stated that the statement made by Sh. Vijay
Kamal Narayan was not correct. In fact,
Sh. Raj Kamal Narayan helped both of them.
He met their expenses during the last 32 years and also lent about Rs. 10
Lakh for the business,which he and Sh. Vijay Kamal Narayan were doing jointly. Sh. Vijay Kamal Narayan,however denied their statements.
14. After
hearing the parties, they were informed about the provisions of Rights of
Persons with Disabilities Act, 2016 and were advised to sort out the matter
amicably and if necessary, with the help of their near relatives like Sisters,
Brothers-in-law and uncle and intimate the outcome to this court by 09.09.2019.
15. On the
next date of hearing on 01.10.2019, the parties submitted that their uncle
(Chacha Ji), BrijBhushanTyagi and the father-in-law of Sh. Vijay Kamal Narayan
and Ajay Kamal Narayan (their wives are sisters), Sh. Jaypal Singh Tyagi tried
to settle the matter on 15.09.2019. But
the matter could not be resolved as the complainant wanted Sh. Vijay Kamal
Narayan and his family to vacate thehouse.
16. The
complainant produced a photocopy of his
bank account in Vijaya Bank which shows that he had taken a personal loan of
Rs. 3 Lakhfrom the said bank on 26.09.2013.
As per him, he took that loan to build the second and the third floor of
the house. He further submitted that he
also invested Rs. 1,33,500/- that he received on Maturity of his PLI Policy
which was credited to his account on 14.02.2014.
17. Sh. Ajay Kamal Narayan, respondent No. 1 submitted that he is
prepared to vacate the house or pay the rent, which,though the complainant does
not take from him being his younger brother.
18. An attempt that the parties reach a compromise and avoid taking
matter to the courts, was made during the hearing also. However, they did not seem to come to any
meeting point.
19. It is observed from the General Power of Attorney that the
property no. B-30/1 situated in the area of VillageChandrawali,New Modern
Shahdara, Delhi is in favour of the complainant. Sh. Sri Pal Bhati s/o Sh. Raghubar Singh from
whom the said property was bought by the complainant, had also bequeathed that
after his death,the said property shall go and devolve to Sh. Raj Kamal Narayan
s/o Sh. Jai Prakash Narayan as per the Will Deed which is part of the Power of
Attorney.
20. The respondents have not produced any documents to show that the
property was bought out of the income of the Joint family or they contributed
in acquiring the said property in the name of the complaint. However, since the complainant has approached
the District and Sessions Judge (East) Karkardooma court, that Hon’ble court would
take a view in the matter. As regards,
the allegation of the complainant about his man-handling intimidation etc.against
respondent no. 2 and his family members and that the concerned police
functionaries did not register his compliant, DCP (Shahdara)is directed to
look into the matter and ascertain what action was taken by the police on the
compliant dated 12.06.2019 stated to have been submitted by the complainant to
DCP, ACP and SHO (Shahdara-Distt.), Mansarovar Park, Shahdara, Delhi and submit
an action taken report within 30 days from the date of receipt of this order. The concerned police functionaries/ IO be
deputed to contact the complainant and take appropriate action in accordance
with the provisions of Section 7 and Section 92 of the Act which are reproduced
below:-
“Section
7:(1) The appropriate Government shall take
measures to protect persons with disabilities from all forms of abuse, violence
and exploitation and to prevent the same, shall—
(a)
take cognizance of incidents of abuse, violence and exploitation and provide
legal remedies available against such incidents;
(b)
take steps for avoiding such incidents and prescribe the procedure for its
reporting;
(c)
take steps to rescue, protect and rehabilitate victims of such incidents; and
(d)
create awareness and make available information among the public.
(2)
Any person or registered organisation who or which has reason to believe that
an act of abuse, violence or exploitation has been, or is being, or is likely
to be committed against any person with disability, may give information about
it to the Executive Magistrate within the local limits of whose jurisdiction
such incidents occur.
(3)
The Executive Magistrate on receipt of such information, shall take immediate
steps to stop or prevent its occurrence, as the case may be, or pass such order
as he deems fit for the protection of such person with disability including an
order—
(a)
to rescue the victim of such act, authorising the police or any organisation
working for persons with disabilities to provide for the safe custody or
rehabilitation of such person, or both, as the case may be;
(b)
for providing protective custody to the person with disability, if such person
so desires;
(c)
to provide maintenance to such person with disability.
(4)
Any police officer who receives a complaint or otherwise comes to know of
abuse, violence or exploitation towards any person with disability shall inform
the aggrieved person of—
(a)
his or her right to apply for protection under sub-section (2) and the
particulars of the Executive Magistrate having jurisdiction to provide
assistance;
(b) the particulars of the nearest organisation or institution working for the
rehabilitation of persons with disabilities;
(c)
the right to free legal aid; and
(d)
the right to file a complaint under the provisions of this Act or any other law
dealing with such offence: Provided that nothing in this section shall be
construed in any manner as to relieve the police officer from his duty to
proceed in accordance with law upon receipt of information as to the commission
of a cognizable offence.
(5)
If the Executive Magistrate finds that the alleged act or behaviour constitutes
an offence under the Indian Penal Code, or under any other law for the time
being in force, he may forward the complaint to that effect to the Judicial or
Metropolitan Magistrate, as the case may be, having jurisdiction in the matter.
Section
92:(a) intentionally insults or intimidates with
intent to humiliate a person with disability in any place within public view;
(b)
assaults or uses force to any person with disability with intent to dishonour
him or outrage the modesty of a woman with disability.
….shall
be punishable with imprisonment for a term which shall not be less than six
months but which may extend to five years and with fine.
21. The Legal Cell of the Office of the Commissioner of Police: Delhi
vide circular No. 28/2017 dated 25.10.2017 has directed all the DCsP to take
necessary action to make the IO aware of the provisions of the Act and to
ensure its effective implementation particularly with regardto the duties of
the Police Officers. The complainant is
also informed that Department of Law,Justice and Legislative Affairs, GNCT of
Delhi vide notification no.F.1/19/2018-Judl/Supdtlaw/1499-1507 dated 19.08.2019
has designated Additional Session Judge-02 in all the districts to try the
cases of offences of the provisions of the Rights of Persons with Disabilities
Act, 2016 for the purpose of providing speedy trial in such matters.
22. Given
under my hand and the seal of the Court this 09th day of October,
2019.
(T.D.Dhariyal)
State Commissioner of Person with Disabilities
Copy to:Deputy Commissioner of Police (Shahdara), 469,
Pila Mandir, Shalimar Park, Shahdara, Delhi-110032:For action with respect to para 20 of the order.
