New Delhi, May 31 (PTI) Residents welfare associations cannot be held responsible if an accident takes place within a colony because of negligence of security guards, the Delhi State Consumer Commission has said.
The Commission said that if a resident receives injury due to the laxity of security guard then it does not amount to "deficiency in service" on the part of the association which receives money from the resident for maintaining safe and secure environment.
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.
The Commission said that if a resident receives injury due to the laxity of security guard then it does not amount to "deficiency in service" on the part of the association which receives money from the resident for maintaining safe and secure environment.
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.
with thanks : IN.MSN : link above in headline for original post.
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