RWA not responsible for guards’ negligence: Consumer forum

A bench headed by Justice Barkat Ali Zaidi dismissed the plea of an advocate and a resident of DDA Flats at Sheikh Sarai in South Delhi,seeking compensation of Rs one lakh from them on the grounds that his son was injured by an outsider who entered the colony due to lax vigil by the security guards.

The Commission said that it is not possible for a guard to be present at the colony’s gate round the clock as he is also supposed to look after the society’s other areas too.

“It cannot be said that there arises deficiency of service merely,because,the guard on gate has to look after the parks and the other area,besides the gate. The demand that a guard should always be present at the colony’s gate for 24 hours without a break,is unwarranted and impractical,” the commission said.

The bench’s observations came on an appeal filed by the advocate Jai Gupta,challenging a district forum’s order that RWAs cannot be blamed for security lapses because of carelessness of security guards in a colony.

Gupta had filed a case against Rakesh Bhardwaj,the RWA president and other office bearers of Sheikh Sarai for compensation.

“We are of the view that the findings of the district consumer forum are justified,and as such,we consider that there is no need for issuing notice to respondent (RWA office bearers),and the appeal deserves to be dismissed,” the bench said.

Gupta had alleged that he as the member of Flat Owners Association was paying monthly subscription charges towards services of security guard at the main gate and the association should pay for the lapses.

Gupta alleged that despite collecting monthly fees,the services were not proper.

But the commission was not satisfied with his arguments and refused to grant him any relief.