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Section 49: Procedure to be followed by State Commissioner

Delhi Rights of Persons with Disabilities Rules, 2018Union territory Rules of Delhi · 2016

(1) A complainant may present a complaint containing the following particulars in person or through an agent to the State Commissioner or send it by registered post or by email addressed to the State Commissioner, namely:-

(a) the name, description and the address of the complainant;

(b) the name, description and the address of the opposite party or parties, as the case may be, so far as they may be ascertained;

(c) the facts relating to complaint and when and where it arose;

(d) documents in support of the allegations contained in the complaint; and

(e) the relief which the complainant claims.

(2) The State Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party or parties mentioned in the complaint directing to submit their version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the State Commissioner.

(3) On the date of hearing or any other date to which hearing could be adjourned, the parties or their agents shall appear before the State Commissioner.

(4) Where the complainant or the complainant’s agent fails to appear before the State Commissioner on such days, the State Commissioner may either dismiss the complaint on default or decide on merits.

(5) Where the opposite party or the opposite party’s agent fails to appear on the date of hearing, the State Commissioner may take such necessary action under section 82 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.

(6) The State Commissioner may dispose of the complaint ex-parte, if necessary.

(7) The State Commissioner may on such terms as deemed fit and at any stage of the proceedings, adjourn the hearing of the complaint.

(8) The State Commissioner shall decide the complaint as far as possible within a period of three months from the date of receipt of notice by the opposite party.

Where this provision sits

ActDelhi Rights of Persons with Disabilities Rules, 2018
Section49
Marginal noteProcedure to be followed by State Commissioner
JurisdictionUnion territory of Delhi
StatusIn force as published by the source

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