BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.

DATED THIS THE 12^th DAY OF AUGUST 2021

PRESENT

MR. RAVISHANKAR                           : JUDICIAL MEMBER

MRS. SUNITA CHANNABASAPPA BAGEWADI        :  MEMBER

COMPLAINT NO. 68/2015

V/s

ORDER

Mr. RAVISHANKAR, JUDICIAL MEMBER

1.      This is a complaint filed by the complainant against the Opposite Parties alleging that they are not maintaining the elevator which was installed in their building which causes injuries to the complainant.  Hence, prayed for medical expenses to the tune of Rs.10,000/-, compensation of Rs.50,000/-, Rs.1,00,000/- towards compensation for pain and suffering and Rs.20,00,000/- for mental agony and loss of earnings.

2.      The averments in the complaint are as hereunder;

It is the case of the complainant that the complainant is one of the occupant bearing flat No.508, 5^th Floor of the Brigade Towers which was maintained by the association formed by the Brigade Towers Owners represented by President and other administrative officers and using the elevator in order to access his office every day.  Such being the case, on 22.07.2014 he took elevator No.1 in his building Brigade Towers in order to reach his office place at 5^th floor and while he was getting out of the elevator the elevator door shut suddenly on his body with incredible force and he was hurt on his right shoulder causing him immense pain and instant immobility of his right hand.  Immediately he called the office of Opposite Party No.1 and also informed the Manager with respect to the non-maintenance of the elevator No.1 which resulted in physical injury to the complainant, but, no proper response was given by the Opposite Parties and they have not even bother to enquire about the condition of the complainant after injury.  Infact the Opposite Parties have to maintain the elevator by checking mandatory inspection and obtain necessary certification from the lift inspector as contemplated under law, but, the Opposite Parties have not done so. 

3.      The complainant further alleged that he was once a President to the said association and during his tenure he had maintained elevators in a good condition which causes no harms to any person who access the elevator, but, newly elected association have not maintained properly due to which he suffered injuries and incurred a huge amount towards medical treatment and he suffered mental agony and unable to work in the office peacefully, hence, prayed for compensation to the tune of Rs.20 lakhs towards mental agony along with other reliefs.  Hence, the complaint.

4.      After service of notice, the Opposite Parties have appeared through their counsel and filed version and contended that at the outset the complaint is not maintainable either in law or on facts and has not stated true and correct facts in the complaint.  The complainant has not approached this Commission with clean hands.  In order to claim wrongfully, he filed this complaint mischievously.  The Opposite Parties further contended that the association has entered into an Agreement with OTIS Elevator Company for maintenance and services of lifts in the building and they have handed over AMC (Annual Maintenance Contract) for maintenance and service and upkeep of its elevators with the said company.  The said company is one of the leading Elevator Company has supplied lifts to en-number of buildings and apartments.  They are also maintaining the safety measures while using the elevators.  They do not know that on 22.07.2014 the complainant injured while coming out from the elevator at 5^th Floor, there is no deficiency in service on the part of the Opposite Parties in maintaining the elevator in the building and the complainant is not a Consumer as contemplated in the Consumer Protection Act, 1986 and they are not liable to pay any compensation as claimed by the complainant and prayed to dismiss the complaint.

5.      The complainant has filed his affidavit evidence and documents at Ex.C1 to C4 are marked.  On behalf of all the Opposite Parties, the Opposite Party No.3 has filed their affidavit evidence and documents at Ex.R1 to R4 are marked.  Heard the arguments.

6.      On perusal, the following points will arise for our consideration;

(i)       Whether the complaint deserves to be allowed?

(ii)      What order?

          7.      The findings to the above points are;

                   (i)       Negative

                   (ii)      As per final order

REASONS

8.      It is the case of the complainant that on 22.07.2014, he entered into an elevator No.1 in order to access his office at 5^th Floor while coming out from the elevator the doors of the lift was shuttered speedily on him which caused injuries to the shoulders of the complainant, hence, alleged association of the said building have not maintained the lifts properly.  We found that there is no any deficiency in service and there is no any nexus between the injury caused to the complainant during exit from the elevator on 22.07.2014 because all lifts have provided certain seconds to open and shut the doors and during that time, the inmates should exit immediately.  The shutters of the elevator will not wait for the inmates until they exit, it does it work as programmed.  Therefore, we found that there is negligence on the part of the complainant himself in exiting the elevator within the stipulated time.  Unfortunately on that day by accident the injury caused to the complainant and there is no any deficiency in service on the part of the ops because they have handed over the lifts to monthly maintenance contract to the OTIS Company who supplied the lifts.  Moreover, we found there is no any consumer dispute arose in the complaint.  As such, the complainant is not entitled to get any relief as claimed in the complaint.  Hence, the following;

ORDER

The complaint is dismissed.

Forward free copies to both the parties. 

        Sd/-                                                                Sd/-

MEMBER                                           JUDICIAL MEMBER

KCS*