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State of Tamilnadu - Section

Section 21 in Tamil Nadu Rights of Persons with Disabilities Rules, 2018

21. Procedure to be followed by the State Commissioner for disposal of complaints.

(1)A complaint containing the following particulars shall be presented by the complainant in person or by his agent to the State commissioner or be sent by registered post addressed to the State commissioner :-
(i)the name, description and the address of the complainant;
(ii)the name, description and the address of the opposite party or parties, as the case may be, so far as they can be ascertained;
(iii)the facts relating to complaint and when and where it arose;
(iv)document in support of the allegations contained in the complaint and;
(v)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/ parties mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended reasonable period as may be granted by the State commissioner.
(3)On the date of hearing or any other date to which hearing is adjourned, it shall be obligatory on the parties or their agents to appear before the State commissioner. Where the complainant or his agent fails to appear before the State commissioner on such days, the State commissioner may in his discretion either dismiss the complaint on default or decide on merits. Where the opposite party or his 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. The State commissioner may dispose of the complaint ex-parte, if necessary.
(4)The State Commissioner may, on such terms as he deems fit and at any stage of the proceedings, adjourn the hearing of the complaint. But the complaint shall be decided, as far as possible, within a period of three months from the date of receipt of notice by the opposite party.