M/S Schindler India Pvt Ltd company is selling and maintaining large number of lifts in multi story buildings in almost almost the metropolitan cities in India. Due to one reason or the other, the maintenance may be proper or may not be proper is known only to those, who take the services of Annual Maintenance Contract from the Company.
There are many players in the field of Annual Maintenance Contracts business of providing maintenance to lifts of any manufacturer. But they have to face problems when the part of any lift is not easily available and they have to go to the manufacturer only to procure and part and then install / fix on the lift.
Some of the lift manufacturers do not sell their vital parts in the market or do not appoint their distributors or dealers in selling parts of the lifts with an eye to obtain all the AMC of their lifts in their hands only.
MAINTENANCE OF LIFTS IS VERY IMPORTANT FACTOR
If any person is stuck up in the lift and is suffering from heart ailments, you can imagine the condition of such a person. If a child is stuck up then also the position shall be desperate. What will happen if a Senior Citizen is stuck up ? Just imagine the importance of maintenance, if any of your own kith or kin is stuck up for hours due to bad maintenance.
IT HAPPENED IN LOVELY HOME CO-OPERATIVE GROUP HOUSING SOCIETY LTD on 24th March, 2014
Negligent conduct in respect of machinery (287) AND an Act endangering life or personal safety of others(336)
2:01 PM (29 minutes ago)
(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 deboarded it.
(B) Ms. Sunmeet Kaur Sachdeva, Sr. Account Executive – Service Sales of M/S Schindler India Pvt Ltd (Cell:9873097755) 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) Speakophone 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.
Raminder Singh Sahota
Advocate & Consultant