Delay In Filing Complaint No Ground To Deny Relief Under Senior Citizens Act: Delhi High Court

The Delhi High Court has held that delay in filing complaint is no ground to deny relief to the senior citizens under the Senior Citizens Act, 2007. Justice Sachin Datta said that where a senior citizen does not rush or act with alacrity in filing complaint as per prescribed statutory mechanism, it is not a ground to deny to the senior citizen the rights flowing from the said enactment.“It may be that in a particular case, a senior citizen continues to face harassment at the hands of his or her children and approaches the concerned authority only after a gap of some time in the hope that the children/legal heir/s shall mend their conduct, and the situation shall resolve itself,” the Court noted.It said further: “It may also happen that attempts are made by the senior citizen to reconcile with his or her children instead of taking precipitative steps. However, that by itself is no ground to deny to a senior citizen the rights conferred under the Senior Citizens Act, 2007 and the Rules thereunder.”The Court was dealing with a plea filed by a senior citizen challenging an order passed by the Appellate Authority of Divisional Commissioner setting aside an eviction order against his daughter, husband and two children, who were staying at the second floor of the house. The property was allotted to the father in 1976 by virtue of Possession issued by the Delhi Development Authority (J.J Cell). In 2014, he allowed his daughter and her family to temporarily reside on the second floor as permissible licensee. A rent agreement was also executed. The father filed a complaint over allegations of ill treatment meted out on him and his wife by the daughter and her family. The impugned order placed reliance upon the fact that since 2014, till the date of filing of the complaint under the Senior Citizens Act, 2007, no action was taken by the father in terms of approaching the police or any authority. It was also observed that it is mandatory for a senior citizen to establish ill-treatment or non-maintenance by his or her legal heirs or children for being entitled to the relief of eviction. Disposing of the father's plea, the Court said that the Senior Citizen Rules do not require as a pre-condition that the senior citizen has suffered ill-treatment or non-maintenance at the hands of his or her children.The judge rejected the daughter's contention that the father was precluded from invoking the statutory mechanism for want of any title in the first or second floor of the property, calling the same “misconceived.”Holding that the father was not precluded from invoking the statutory mechanism under the Senior Citizens Act, 2007, with regard to all portions of the subject property, the Court set aside the impugned order and directed the daughter and her family to evict the second floor. “In the meantime, (till vacation of the property), the respondent no(s). 2 to 7 are restrained from indulging in abusive behaviour towards the petitioner and/or indulging in any harassment of the petitioner,” the Court said. Title: PIARE KHAN v. GOVERNMENT OF NCT OF DELHI & ORSCitation: 2025 LiveLaw (Del) 1573Click here to read order

Delay In Filing Complaint No Ground To Deny Relief Under Senior Citizens Act: Delhi High Court

Nupur Thapliyal

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