Section 38 in The Rights of Persons with Disabilities Rules, 2017
38. Procedure to be followed by Chief Commissioner and Commissioner.
(1)An aggrieved person may present a complaint containing the following particulars in person or by his agent to the Chief Commissioner or the Commissioner or send it by registered post or by email addressed to the Chief Commissioner or the Commissioner, namely:-(a)the name, description and the address of the aggrieved person;(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 aggrieved person claims.(2)The Chief Commissioner or the Commissioner on receipt of a complaint shall refer a copy of the complaint to the opposite party or parties mentioned in the complaint, directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the Chief Commissioner or the 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 Chief Commissioner or the Commissioner.(4)Where the aggrieved person or his agent fails to appear before the Chief Commissioner or the Commissioner on such days, the Chief Commissioner or the Commissioner may either dismiss the complaint on default or decide on merits.(5)Where the opposite party or his agent fails to appear on the date of hearing, the Chief Commissioner or the Commissioner may take such necessary action under section 77 of the Act as he deems fit for summoning and enforcing the attendance of the opposite party.(6)The Chief Commissioner or the Commissioner may dispose of the complaint ex-parte, if necessary.(7)The Chief Commissioner or the Commissioner may on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint.(8)The Chief Commissioner or the 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.
