The complainant had alleged that his daughter was brutally attacked by stray dogs. (Image generated using AI)The Gautam Budh Nagar District Consumer Disputes Redressal Commission has directed the Resident Welfare Association (RWA) of Kendriya Vihar-II in Noida to pay Rs 1 lakh compensation to a resident after his four-year-old daughter suffered serious injuries in a stray dogs attack within the housing society.President Anil Kumar Pundir and member Anju Sharma found the association guilty of deficiency of service and held it liable to compensate the complainant for the loss, injury, and mental agony.“The RWA OP no 1 shall pay to the complainant compensation of Rs 100,000 for the mental agony, harassment, risk and injuries caused to his daughter due to the persistent dog menace, and Rs 5,000 for the costs of the complaint proceedings and legal expenses,” the order read.Stray dogs attackAccording to the complaint filed by the resident, his minor daughter was attacked by a group of stray dogs in a park behind the RWA office. The child suffered category-III bite injuries on her back and was rescued by a passerby before being rushed to a hospital, where she was administered anti-rabies treatment.The complainant said that the attack was not an isolated incident and that residents had repeatedly raised concerns over the stray dog menace, particularly the danger posed to children and senior citizens.He alleged that despite several complaints and suggestions from residents and board members, the RWA failed to take effective measures, causing severe mental trauma to the family, especially the child, who became afraid to step out of the house.The RWA, in its defence, argued that the issue of stray dogs falls primarily within the domain of concerned state government departments and the Noida Authority and claimed it had issued advisories to residents through notice boards, its website, and the MyGate app. They emphasised that no management committee has the right to expel stray dogs from society, as stray dogs are protected under different laws.Story continues below this adRelief to complainantAt the outset, the commission observed that the payment of maintenance charges to an RWA amounts to availing of services for consideration, making residents “consumers” under the Consumer Protection Act.“The duty to prevent dog menace within the residential premises, to ensure the safety and well-being of the residents, and to maintain a secure and hygienic environment falls primarily on the RWA, which collects maintenance charges and is responsible for the internal management and welfare of the residential area,” the commission noted.After examining the facts of the case, the commission observed that the RWA failed to discharge its obligation to provide safe and adequate maintenance and security services to the residents.“Since the RWA has committed deficiency of service, it is liable to compensate the Complainant for the loss, injury, and mental agony suffered. The Complainant has also incurred costs in pursuing the consumer complaint and engaging legal representation. The complaint is liable to be allowed,” the order read.Story continues below this adAccordingly, it directed RWA to pay Rs 1 lakh towards mental agony, harassment, risk and injuries caused to the child, along with Rs 5,000 as litigation costs within 30 days.TakeawayThe order underscores that RWAs can be held accountable under the Consumer Protection Act for failing to ensure a safe living environment for residents. The decision reinforces that RWAs have a duty to take reasonable measures to address risks within residential premises and may be required to compensate residents when negligence results in injury.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (UP: 18001800300) or call the National Consumer Helpline at 1915 for assistance.Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More Tags:consumer court