The undersigned complainant is a resident / Original Allottee of Kendriya Vihar II, Sector 82, Noida and is peacefully residing in this colony since 2005 with his family comprising of wife and 2 daughters aged about 09 years and 04 years.
The accused no. 1 is a senior member of BOARD OF MEMBERS, he is the elected president of KV II, Apartment Owners Association and is responsible for the overall well being and safety of the residents; prior to becoming President, he was treasurer for about 03 years whereas the accused no. 2 is the Secretary of KV II, Apartment Owners Association and bound to comply the directions put forth by accused no. 1 in line with the responsibility of overall well being and safety of the residents. Accused no. 3 Mr. Kashi Nath Ram is a senior member of BOARD OF MEMBERS, though is treasure for the present term but was Member for about 08 years in previous Boards and has served this Society as Secretary for about 03 years before becoming treasurer, is thoroughly conversant and experienced with running the affairs of Society and is responsible for financial and legal compliances, assets, and liabilities and whose primary job is accurate management and oversight of a society’s financial transactions / undertakings.
That the Housing Colony is spread about 40 acres of land and was constructed by Central Government Employees Welfare Housing Organisation in 2004 for inhabitation of retired as well as working central government employees and has about 2276 dwelling units. More than 10, 000 people are residing in this colony comprising about 600 senior citizens and 3500 children. The BOM has engaged a security agency for the safety and security of the resident which has in turn deployed more than 40 security guards. The BOM has reserved budget estimation for FY 2022 – 2023 against security expense bill at a cost of about 99, 00, 000/-.
That on 29.06.2022 at about 9:20 PM, my younger daughter Shayra Aggarwal aged about 4 years was playing / cycling alongwith her elder sister and other friends in green park behind the office of AOA, KV II where she was all of sudden brutally attacked by a group of stray dogs. CCTV footage obtained from the office of KV II is attached herewith for your kind perusal. Luckily in a matter of few seconds, she was rescued by a passerby otherwise her situation could turn beyond description and nobody could have saved her from life-turning injuries. She had attained biting marks of Category III on her back [It is the Severest Form: All animal bites in Forest or in the wild should be treated as category III exposures]. I immediately took her with the help of 2 co-residents to nearby Yatharth hospital where Child Specialist examined her thoroughly and released her after applying ointment on the affected part of the body and administering Anti Rabies injection. A copy of the Emergency (Out Patient) Discharge Brief and Photographs of injury mark are enclosed and attached herewith this complaint at Page No. 1 to 4 as Annexure A.
That this is not the 1st case of a stray dog bite but the residents of this colony have been complaining to the accused persons for a long about the stray dog menace as numerous kids, residents as well housing maids working in houses have previously been attacked and bitten by stray dogs. But the accused person/s in a very irresponsible manner did nothing to curb the menace of stray dog biting. It seems that there is no value (being accorded) to human life and it has been compromised due to the non-performance and non-implementation of the mandatory duty by the accused person/s who all are the office bearers of the Resident Welfare Association.
The accused person/s, being the office bearers of the RWA have certain duties and responsibilities towards the resident/s of the society and primary duty of the RWA is to provide security and safety to the residents of the society. The accused person/s willfully neglected to perform their duty/ies to provide safe and secure environment to the inhabitant/s of the society and because of their negligent act of omission and commission, they put the life of the residents of the society in danger.
That aggrieved by the attitude and high handedness of accused/s persons, various residents discussed this menace amongst whatsapp circles maintained by the residents and highlighted the issues. One BOM member Mrs. Minakshi Bhattacharya who was actively associated with residents on these groups understood the gravity and nature of grievances faced by residents. She immediately swung into action and wrote to President and Secretary vide her email/s dated 07.10.2021 addressed to President and Secretary and suggested corrective measures to uproot the menace.
As per the guidelines issued by the Hon’ble Supreme Court the street dogs have to be fed and tended to at places within their territory which are not frequented or less frequented, and sparingly used by the general public and residents, ” But the accused person/s even after being well aware about the situation neither issued any guidelines regarding the feeding of the stray dogs within the society nor designated any area for the said purpose which further aggravated the situation as the stray dogs started entering into the area in search of food where resident/s are frequently visited such as Park, Playing areas etc. and Security Guards deployed to man the Gates allowed them easy access.
Further, it is the responsibility of the accused person/s being office bearers of the RWA to get the stray dogs within the society vaccinated against rabies every year to prevent the spread of rabies but till date, neither any of the accused person/s nor any other office bearer of the RWA approached the concerned authority with any complaint in this regard which is self-explanatory as to the negligence and callous approach of the accused person/s.
Recognized Associations in Govt. colonies can approach concerned Institutions for redressal of their grievances. All the problems of stray animals have to be handled within the institutional framework available which the accused person/s never approached for the reasons best known to them.
The President and Secretary i.e the accused person/ss in total disregard for suggestions put forth by their own elected BOM member did not paid any heed and neglected the issue. It is categorically submitted that the President and Secretary, in total disregard to the responsibility and trust deposed by the residents of this Society did neither attempt any redressal to the perennial grievances of the residents nor assigned the task unto any other board member and arbitrarily and willfully become an obstruction to the eradication of the problem. That despite the service of email/s in the month of October 2021 of said Mrs. Minakshi Bhattacharya to the accused person/s whereby they were alarmed with the situation as the number of incidents of stray dogs biting in society are increasing and also suggested certain remedial measures but the accused persons even did not bother to reply the said emails. A copy of the email/s dated 07.10.2021 are enclosed and attached herewith this complaint at Page No. 5 - 6 as Annexure B.
That after I reported the incident to President vide email on the intervening night of incident none of the board members approached the girl child nor demonstrated any sympathy with her. Mrs. Minakshi Bhattacharya, BOM member get to know about the incident and wrote once again to President and Secretary vide her email/s dated 02.07.2022 & 03.07.2022 and issued strict warning to the President and Secretary not to play mischief with the life of resident/s of this colony with a copy to Commissioner of Police seeking urgent intervention in the matter but the President and Secretary maintained Criminal Silence and have neither paid any heed to the suggestions put forth by her nor handed over the charge of security so that they be dealt severely. A copy of the email/s dated 02.07.2022 & 03.07.2022 are enclosed and attached herewith this complaint at Page No. 07 - 08 as Annexure C.
That the life and well being of the residents of this colony is at stake keeping in view the situation prevailing as the affairs of BOM have been hijacked by the named accused/s as their conduct speaks volumes about their conduct and misdeeds.
Aggrieved by the act, conduct and attitude of accused persons, I shared the CCTV footage of incident that happened with my 4 year old daughter with other residents of society over social platforms to sought their reaction. Am surprised to see the response/s. A copy of the responses received to me over whatsapp and email/s are enclosed and attached herewith this complaint at Page No. 09 to 35 as Annexure D.
Had the Presiding Board Members who are serving this Board for over years have done their duties responsibly in the best interest of resident/s and in right earnest or have diligently acted upon the suggestions put forth by Mrs. Minakshi Bhattacharya in time, or have taken any steps for the sterilization and vaccination of the stray dogs in society, the population of stray dogs in society would have come down and such incidents of stray dogs biting would also have been reduced. The inaction and negligent and callous approach of the accused persons in performing their duties is the reason for the suffering of my 4 year old daughter who has luckily survived life turning brutal attack for no fault of her. The accused person/s are thus guilty of doing such a wrongful act which resulted into endangering the life of my little daughter and are thus liable to suffer the consequences for their act of omission and commission.
A mere look at CCTV footage is self explanatory as to how my daughter has survived 06 Giant Animal Jaws and other life changing injuries by few seconds, had she not been rescued swiftly by passerby Angel, I would have been writing you in different context.
In view of the facts discussed in detail hereinabove it is requested to kindly intervene, register an FIR under section 336 of IPC and other relevant provisions of law against [1] Mr. Nagender Singh, President KV II AOA, [2] Dr. Mohd. Azim Khan, Secretary KV II AOA and [3] Mr. Kashinath Ram, Treasurer KV II AOA for wilfully endangering the life of my 04 year old daughter and lives of other resident/s of Kendriya Vihar II, Sector 82, Noida by their negligent / irresponsible act of omission and commission & willfully deceiving their trust and prosecute them in accordance with law. Me and my family will remain obliged throughout our life for this act of kindness.
ASHISH KUMAR AGGARWAL
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