Maintenance of Lifts in multi-storey buildings – responsibility

One of the Senior Citizen and Legal Expert to this NGO was stuck up in the lift of a multi story building of a co-operative society and following is the E-Mail sent by him to the Society and also to the Lift Maintenance contractor.

Negligent conduct in respect of machinery (287) AND an Act endangering life or personal safety of others(336)

FOLLOWING EMAIL WAS SENT 

 

RAMINDER SINGH SAHOTA raminder.sahota@gmail.com

2:01 PM (29 minutes ago)

 

   
to Lovely, (xxxx official of the lift company xxxx)

 

Dear Sirs,

 (A)  On my call the lift had come from Ground Floor to 4th floor, so there was no cause of doubt to not to board the lift. After closure of door; this Lift No.B-2 of Lovely Home CGHS Ltd did not move from 0745 to 0830 today (24.03.2014). This was in spite of efforts made by Mr. Rajo Singh & Mr. Ravi from 0815 to 0830, by switching off/on and attempting to unlock with the safety latch key. The mechanic could not reach on informing him by Mr. Rajo and finally at around 0835 the lift suddenly opened at its own efforts and I de-boarded it.

 (B)  An executive of the Company along with one Lift Mechanic visited my residence cum office at 1030 for a meeting in the presence of Mr. Rajo Singh. It was pointed out by me that:- (I) It was a negligent conduct in respect of machinery (offence U/S 287 of IPC) and (II) It was an act endangering life or personal safety of me (offence U/S 336 of IPC); who ever is found negligible in their respective responsibilities.

 (C) Following defects & deficiencies were pointed out by me.

 (1) The lift did not Reset by pressing STOP button inside the lift. It was told by the Mechanic that it has been dis-connected.

(2) The lift also did not Reset when its main supply was switched Off/On from the main supply by staff of the Society.

(3) The lift light is not ON in case of Emergency or when the main light goes Off. It was agreed by the mechanic of Schindler.

(4) The hooter / panic sound is not of standard Sound. It was so low that, when Rajo Singh was inspecting B-1 lift, he said he could not hear the sound of B-2 lift.

(5) The hooter sound was NOT heard on Ground floor. Hooter was missing/disconnected.

(6) The battery of hooter went down in just half an hour because it was not of standard size or standard capacity / output / back up period.

(7) Speak-o-phone for Emergency or Fire is missing / not installed inside the lift.

(8) Intercom earlier installed in the lifts was missing / was not available in the lift.

(9) Inspection Certificate issued by Inspector of Lifts was not found displayed in the lift. 

(10) When the Mechanic was asked to tell the time in the AMC within which he should have rescued the trapped person; the Schindler was not able to say.

(11) Why the ARD (Auto Rescue Device) did not function at the critical time; the Schindler was not able to say.

 (D) Schindler will give photocopy of any request by them to Society for rectification help / estimate / cost to rectify, which the Society has not provided or the Society has replied to not to carry out. It is desired to give a copy of the Contract specifying the clause, which the Society has not agreed and in absence of these, entire responsibility lies on the Shindler in my view.

 Finally, it was agreed at 1100 hours that Schindler will give the list of defects pointed out and with time when these will be rectified along with Apology within 24 hours; then I will not take any action against Schindler, else I shall take necessary action as may be deemed desirable & indicated in the subject line of this Email.

 With Regards

 Raminder Singh Sahota

Advocate & Consultant

http://rsahota.com

Mobile: +91-9810065447

 RESULT OF THE ACTION TAKEN BY OUR LEGAL EXPERT

(A) The contractor having AMC apologized for the incident on the same day and started to work on the lift immediately. All the deficiencies have been removed and the Head Office of the AMC contractor also apologized and confirmed that all the deficiencies are now removed and the lift is running perfectly OK.

(B) The Managing Committee of the Society discussed this matter in their meetings and they immediately pressed upon the AMC contractor to ensure that all the deficiencies are removed immediately. After removal of the deficiencies the Managing Committee also wrote to the Legal Expert, who is the member of the co-operative society, apologizing for the incident and request for further suggestions if any for the welfare of the residents.

WE ARE HAPPY THAT SCHINDLER COMPANY HAS TAKEN THE ACTION IMMEDIATELY AND IS CONTINUING TILL DATE.

IN CASE OF ANY QUERY OR ASSISTANCE, PLEASE LEAVE A REPLY BELOW

 

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6 Comments

  • Suhail says:

    Our Lift COntractor M/S Venus Elevators has done Refurbishment of Lift during the expiry of his License. And hand in gloves with the Secretary. Even PWD has revoked his License, but he continue to maintain the Lift as AMC basis, PWD had also written letter to Versova Police Stn; to file FIR, but nothing has been done,

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  • R.B.Daswani says:

    I want to know that how long Chairman/Secretary & Managing Committee can continue. our Society body is continuing since last 15 years or so. I came to know that they are supposed to submit indemnity bond to registrar of the Societies. it is understood they have not done so. please guide

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  • RK BHATIA says:

    I AM THE OWNER OF FLAT AT THIRD (top) FLOOR IN DDA COMPLEX IN ROHINI. I INTEND TO CONSTRUCT ONE ROOM AND ONE STORE ROOM ON THE ROOF . MY QUERY IS WHAT IS THE EXTENT OF RIGHT OF THE OWNER AT GROUND FLOOR ON THE ROOF TOP. HIS WATER TANK NOR ANY OTHER WATER TANK IS NOT BEING DISTURBED LEAVING SUFFICIENT SPACE FOR ONE ROOM AT THE TOP THANKS IN ANTICIPATION

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  • RK BHATIA says:

    Sir thanks a lot

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  • Dheeraj says:

    We are the owners of the top floor (3rd floor) Free hold DDA Flat in GH-12 Paschim Vihar, New Delhi. We intend to construct two rooms on the roof top without changing the water tanks of all the floors i.e. ground first and second. My query is as to what is the right of the owner of the other floors on the roof top, Can the ground floor occupant claim his right to construct one room on the roof top towards his proportionate share legally.

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  • Dheeraj says:

    Sir, I thank u for the guidance but now the ground floor resident has threatened to file suit against us for construction of one room and toilet, the walls of which are on the walls of room and toilet of the third floor. Pl guide

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