C. SUKUMARAN Vs. M/S. PARASVNATH DEVELOPERS LTD.

JUDGEMENT

(1.) The complainants are the parents of deceased Sajan, who was residing in a flat on the 6th floor of a building namely Parsvanath Majestic Floors, constructed by opposite party No.1 M/s. Parasvnath Developers Ltd. The case of the complainants, as set out in the complaint is that in the night of 16.7.2008, deceased Sajan pushed the call button of the lift installed on the sixth floor of the building, realizing that there was no electricity supply, he chose to take stairs to go down. By the time he reached the third floor, the electricity supply resumed and the lift door on the third floor of the building opened. The deceased stepped inside assuming that the lift would be in place but fell through the shaft and sustained serious injuries. He was taken to Fortis Hospital where he succumbed to those injuries on 17.7.2008. The complainants impleaded only Parasvnath Developers Ltd., which constructed the building and OTIS Elevator Co. (India) Ltd. which had supplied the lifts installed in the said building and was maintaining them. It was alleged in the complaint that the accidental death of the deceased happened due to gross negligence on the part of the opposite parties. It is also alleged that no power back up was provided for operation of the lifts even in a case of emergency. Though, in the reply to the legal notice sent by the complainants, opposite party No.2 alleged that it was maintaining the lifts pursuant to a maintenance contract with M/s. Basundhara Properties Pvt. Ltd., the aforesaid entity was not impleaded as a party to the complaint. Later on, the aforesaid company, now known as M/s. Marksmen Facilities (P) Ltd., was impleaded as opposite party No.3 pursuant to a direction issued by this Commission. The complainants have claimed a sum of Rs.2.50 crores as compensation from the opposite parties.

(2.) In its reply to the complaint, the opposite party No.1 Parasvnath Developers Ltd. has denied any negligence or deficiency in service on its part and has alleged that it was not responsible for maintenance of the lift and other services provided in the building. It is further alleged that maintenance of the lift was under the charge of Basundhara Properties Pvt. Ltd.

(3.) In its written version to the complaint, opposite party No.2 M/s. OTIS Elevator Company (India) Ltd., has denied any negligence or deficiency on its part in maintenance of the lifts installed in the building. It was alleged that after expiry of the free maintenance period, they had started annual maintenance of the lifts under instructions of the Basundhara Properties Pvt. Ltd., an agency appointed by opposite party No.1 Parasvnath Developers Ltd. and under the said contract the personnel were required to go to the site only once a month or as and when there was a complaint. It is alleged that on 16.7.2008, on receipt of information about the accident which had taken place on the premises, a team of the engineers of opposite party No.2 reached the site and checked the lift in question but found the same to be in safe working condition. On 17.7.2008, the lift in question, as well as other lifts were inspected by senior Managers of opposite party No.2 along with other technical staff and a safety test was also conducted. The lift was found to be in good working condition. It is submitted in the written version filed by opposite party No.2 that the complaint was based upon hearsay knowledge and no source of information claimed in the complaint had been disclosed.