Court Rules That Routine Apartment Disputes Do Not Fall Under the Purview of the Rights of Persons with Disabilities Act
In a significant ruling, the Karnataka High Court has quashed a complaint filed under the Rights of Persons with Disabilities Act, 2016, concerning a dispute over the installation of CCTV cameras and maintenance charges in an apartment complex. The court, presided over by Justice Suraj Govindaraj, found that the grievances raised were not related to the rights and protections under the Act.
The case arose when Sri Y. Venkateshwara Prasad and others challenged an order issued by the State Commissioner for Persons with Disability. The complaint, filed by a physically disabled resident, alleged privacy invasion due to CCTV cameras, verbal abuse, and the public display of maintenance arrears. The petitioners argued that the allegations were not connected to any differential treatment due to disability, thus falling outside the jurisdiction of the RPwD Act.
Justice Govindaraj emphasized that the RPwD Act is a welfare legislation intended to protect the rights and dignity of persons with disabilities, and its jurisdiction should be strictly limited to genuine grievances arising under the Act. The court noted that the disputes in question were typical of interpersonal conflicts within residential communities and did not constitute a violation of the Act.
The judgment stated, "The complaint does not disclose any cause of action falling within the statutory jurisdiction of the State Commissioner. The attempt to invoke the machinery under the RPwD Act for a private dispute between apartment owners amounts to a misuse of the statutory mechanism."
The court advised that such disputes are better resolved under apartment bye-laws, civil forums, or through amicable settlement, rather than invoking statutory remedies intended for distinct legislative purposes.
The decision highlights the need for statutory authorities to exercise caution and ensure that the beneficial legislation's jurisdiction is invoked only in cases genuinely related to the rights and protections conferred by the Act.
Bottom line:-
The Rights of Persons with Disabilities (RPwD) Act, 2016, cannot be invoked for disputes unconnected with the rights and protections conferred under the Act. Allegations concerning interpersonal disputes or management of apartment complexes, even if one party is a person with a disability, do not fall under the jurisdiction of the RPwD Act.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016, Section 82
