Skip to main content

Consumer court awards Gurgaon flat owners Rs. 33cr for faulty elevators

In a landmark ruling, a consumer court has ordered realty firm Ambience Infrastructure to pay Rs. 33.38 crore to a group of flat owners in Gurgaon for installing sub-standard elevators and failing to maintain them despite charging them for it.

This gives hope to hundreds of thousands of home buyers, especially in the backdrop of Supreme Court’s order on Wednesday to Supertech to refund buyers of flats in its Noida twin towers, which now face demolition. In a country witnessing rapid urbanisation, the real estate sector remains largely unregulated and home buyers are often left to deal with builders who default on delivery of promises.

According to the National Consumer Dispute Redressal Commission’s ruling, Ambience Infrastructure has to pay 66 apartment owners in Ambience Lagoon complex 70% of maintenance charges collected since November 2002 within 90 days. It also has to pay 9% interest per annum, taking the total to Rs. 33.38 crore.

“The judgment was delivered on March 19 and the commission has already rejected Ambience Infrastructure’s review petition. Since the builder hasn’t appealed this, the judgment now stands as final,” said Dr Amitabha Sen, counsel for the RWA and a resident of Ambience Lagoon.

The group, which fought the case for a decade, has filed an application in the commission for implementation of the judgment.

“As our legal team is handling this, I would not like to comment,” remarked Ambience Group chairman and managing director Raj Singh Gehlot.

In their petition, the residents said the builder advertised one “high-speed elevator” for every 10 homes — that is, four lifts in each of the four blocks and 16 in all. But in the end, each block only got two lifts.

Residents also complained that the elevators were of poor quality, and weren’t maintained.

“They were slow, prone to frequent breakdowns and had no automatic rescue device. In the absence of proper maintenance, there were dangerous instances of the lifts free-falling several floors or stopping a couple of feet above the landing, forcing residents to jump out. Many people were hurt using these lifts,” said Col (retd) SC Talwar, who led the residents in their legal battle.

“We pooled in money, everyone contributing Rs. 1.40 lakh each, to replace about 50% of the old lifts with new ones,” he added.

“There is not an iota of documentary evidence... that any action, work, payment, etc, was made to the maintainer of lifts, for the last more-than-a-decade. Why then are they charging such a huge amount towards maintenance,” the commission asked.

In its defence, Ambience submitted that it had made it clear at the start that it would install two lifts and the owners would have to install the remaining two.

Article referred: http://www.hindustantimes.com/india-news/gurgaon/consumer-court-awards-gurgaon-flat-owners-rs-33cr-for-faulty-elevators/article1-1246945.aspx

Comments

  1. In the event that you will remain in a flat on rent which is really an inn, at that point contingent upon the spending you will get plunge remain.

    ReplyDelete

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...