Q.1

Who can file complaint before the Chief Commissioner for Persons with Disabilities (Divyangjan)?

Ans.1

Any aggrieved Person with Benchmark Disability/Person with Disability may file a complaint before the Chief Commissioner. Complaint may be filed either by the aggrieved person himself or may also be filed by authorized representative of aggrieved person on his behalf.

Q.2

Against which authority a complaint can be filed before the Chief Commissioner; or the Commissioner?

Ans.2

A complaint may be filed against Ministries/Departments/ Establishments/ Institutions/Organizations/Authority controlled or aided by Government of India; or a Government company as defined in Section 2 of the Companies Act, 2013

Q.3

Can a complaint/grievance be filed before the Chief Commissioner against State Government or its Departments/Establishment/ Institutions/Organisations/Local Authority and company owned or controlled by State Government?

Ans.3

No. A complaint relating to State Government and its Departments/Establishment/ Institutions/Organisations/Local Authority and company owned or controlled by State Government, can only be filed before the State Commissioner for Persons with Disabilities of the concerned State/UTs.

Q.4

What will be the mode of filing/sending the complaint?

Ans.4

There are multiple modes of filing complaint. Complainant may opt to file/submit his Complaint by Registered Post or Online through Grievance Portal or may send his Complaint by way of email duly addressed to the Chief Commissioner; Or Commissioner.

Q.5

How can and/or in what manner a complaint can be filed?

Ans.5

A complaint must be filed containing the following particulars:

(a) The name, description (Date of Birth, Gender) and the address (with Email ID, Mobile Number) of the complainant & affected persons;

(b) The name, description and the address (with Email ID, Mobile Number) of the opposite party or parties, as the case may be, so far as they can 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;

(e) The relief which the complainant claims;

(f) Copy of self-attested Disability Certificate;

(g) An undertaking that the matter is not sub-judice in any other court of law within the territory of India.

Q.6

How much time it may take to decide a complaint/grievance?

Ans.6

As far as possible, a complaint/grievance shall be decided within a period of Three Months from the date of receipt of notice by the opposite party.

Q.7

Can the Chief Commissioner or the Commissioner dispose of the complaint ex-parte?

Ans.7

Yes. The Chief Commissioner or the Commissioner may dispose of the complaint/grievance ex-parte, if necessary?

Q.8

Whether Chief Commissioner is appellate authority to adjudicate complaints against Orders passed by State Commissioner?

Ans.8

No. Chief Commissioner has authority to take up matters for which the Central Government is the appropriate authority. Chief Commissioner is not the appellate authority to file appeal against Orders of State Commissioners.

Q.9

Whether there is any prescribed format for filing Complaint before Chief Commissioner for Persons with Disabilities?

Ans.9

There is no prescribed format. However, following details are imperative to mention-:

(a) The name and description and the address (with Email ID, Mobile Number) of the complainant & affected persons (if any);

(b) The name, description and the address (with Email ID, Mobile Number) of the opposite party or parties, as the case may be, so far as they can be ascertained;

(c) The facts relating to complaint;

(d) The relief which the complainant claims;

(e) Copy of self-attested Disability Certificate;

(f) An undertaking that the matter is not sub-judice in any other court of law within the territory of India

Q.10

Whether any fees has to be paid for filing Complaint?

Ans.10

NO. Filing of Complaint before Chief Commissioner for Persons with Disabilities is absolutely free.

Q.11

Whether it is mandatory for the Complainant to be present physically before Chief Commissioner for Persons with Disabilities?

Ans.11

It is not mandatory for the Complainant to Complainant to be present physically before Chief Commissioner for Persons with Disabilities. Complainant may opt to file the Complaint online or through post. After June 2020, hearing is conducted online, hence the Complainant may opt to present his submissions via online method.