ORDER

20.11.2024

Sh. Sanjay Kumar, President

1. The factual matrix of the present case is that complainants are filing the present complaint for providing facilities as promised including repair of the installed lifts as promised by the OP at the time of sale of the flat to the complainant. It is further stated that both the complainant are resident of Delhi and for that reason this Hon’ble Commission  has the pecuniary as well as territorial jurisdiction to entertain and decide the present complaint.
2. It is stated that OP M/s Paras Realtech Limited is a company duly incorporated & classified as Non-government company and is registered with the Registrar of Companies, Delhi. It is further stated that the OP company is engaged in Real Estate activities and one of its projects launched in the year 2011 is “Paras Pride Vrindavan” which is a Group Housing Scheme where the Scheme promised a number of incentive and allotment was made accordingly as per the sale voucher that was supplied to prospective buyer mentioning therein a number of attractive feature with modern and technically superior electrification, 24 hours water supply through water softening plant, round the clock security, power backup common areas, car parking space, alongwith other facilities.
3. It is stated that the complainant no.1 is 62 years old lady and the complainant no.2 is 66 years old lady and both are suffering from old age ailments and are not in position to climb stairs without any assistance/support. It is further stated that OP after completing all the formalities issued a letter dated 03.11.2014 in favour of the complainant no.1 for Pre-Possession Letter of Apartment/Unit no. ST-08/404, in Shrestha Tower at “Paras Pride” Vrindavan District-Mathura U.P. A copy of Pre-Possession letter dated 03.11.2014 issued by OP is filed on record. It is stated that OP after completing all the formalities issued an allotment letter dated 24.12.2012 in favour of the complainant no.2 for apartment/unit no.- MMT-05/311, in Manmohan Tower at “Paras Pride” Vrindavan District Mathura U.P.
4. It is stated that pursuance to the above letters dated 03.11.2014 and dated 24.12.2012 the complainants have taken possession of their respective flats in “Paras Pride” Vrindavan District-Mathura U.P. and there was arrangement of lift for persons who are residing in aforesaid tower. It is further stated that the aforesaid lift as installed by the OP in is not working properly, consequence thereof the residents of the said Tower including the complainants are not in position to approach up to their flat easily and for which they are using stairs and since both the complainants are old age ladies and  suffering from old age ailment, they are not in a position to use stairs.  It is stated that in the absence of lift, they are finding  it very difficult and almost impossible to stay in their respective flats as they cannot even go to their doctor for their treatment or  both are handicapped in visiting Lord Krishna’s temple which happens to be one of the reasons for buying a flat in question.
5. It is stated that the complainants, being senior citizens and having a flat on 5^th floor and 3^rd floor, had requested the OP a number of times to repair/provide for a working  lift as promised by the OP but the OP has not paid any heed to the request. It is further stated that the case of action arose in the manner stated herein above and the same has been continuing till date since the OP has failed to provide the services that were offered by them to the complainant.
6. Complainants is seeking direction against OP to take necessary action with regard to operation of the lifts of Apartments/Unit in Shrestha Tower and Manmohan Tower at “Paras Pride” Vrindavan District-Mathura, to pay Rs.50,000/- for mental, physical and other sorts of agony, harassment and torture due to various acts and commission and omission on the part of OP, to pay cost of complaint to the complainant against OP and any other order which deem fit and proper.
7. We have heard Sh.Yashpal proxy for Sh. Shailender Bhardwaj counsel for complainant and perused the record.
8. The counsel for complainant filed on record Builder-Buyers Agreement dated 21.12.2012. We have gone through the complete agreement. As per Head “Maintenance of the complex” as per clause 11 and 12. The buyer has to maintain unit including the walls and the partitions, sewer, drain, pipe etc. from the date of possession. In the first agreement as per clause OP shall provide the facility of common passage lighting system, lift, intercom facility as per clause 9 (i) and stand by generator for running of lifts, tubewell and water pump as per clause 9 (ii). It is specifically mentioned in clause 9 (ii) that the running cost of the power back system to the unit shall be borne by the buyer over and above the general maintenance charges as per their consumption.
9. The complainant admitted that the possession was taken by the complainants in pursuance to letter dated 03.11.2014 and 24.12.2012. The complainant have not  specified since when the lifts are not working and failed to  show from the builder-buyer agreement that it is the responsibility of the OP developer to maintain the lift. The complainant is also silent whether after getting the possession for the last almost 10 to 12 years lifts are working or not or as per agreement the developer handed over the all maintenance responsibility to buyer/buyers. In these circumstances where complainant approached after inordinate delay of about ten years and failed to establish the specific service to be provided by OP developer for maintenance of the lift. We are of considered opinion that prima facie present complaint is barred by limitation as well as complainants failed to establish deficiency of service against OP developer with regard to maintenance of lift. Hence, present complaint is dismissed. No order as to cost. File be consigned to record room.
10. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  20.11.2024.

SANJAY KUMAR                 NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER