Lifts to installed in independent floors
sushil bhatt
(Querist) 26 June 2014
This query is : Resolved
Dear All
Can you pls let me know that what is the minimum height of a building for installing the lift? My builder has sold Ground + 3 floors (total 4 floors) with a assurance in BBA with lifts, however, now he has offered possession but without instaling the lifts inspite of providing provision for installing the lift in the building.
Is it not mandatory for installing lift in Ground + 3 floors (total 4 floors) societies.
Sankaranarayanan
(Expert) 26 June 2014
yes it is mandatory and duty of builder . you consult the local lawyer and issue notice regarding this ,and file a complaint before the District consumer forum .
For height you can ask the architect or engineer How many flats in this society? Are you discussed with your neighbor flats owner
What is the reply given by the Builder for this issue?
ajay sethi
(Expert) 26 June 2014
do you have any brochure or any letter mentioning amenities to be provided by the builder ?if you have written assurance drag him to consumer forum for deficency in service
R.K Nanda
(Expert) 26 June 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 26 June 2014
If you have any written assurance / agreement regarding installation of lifts, send legal notice and file complaint with the consumer forum.
Raj Kumar Makkad
(Expert) 27 June 2014
No facility can be got claimed legally unless the same has been undertaken in the duly executed agreement.
Guest
(Expert) 27 June 2014
As a Law Officer, you must be aware of the fact that if not written in agreement, verbal assurance of the builder has no legal value.
sushil bhatt
(Querist) 28 June 2014
Dear All
There is a clause in the agreement that buyer shall pay all charges such as development charges, lifts, making roads, sewerage charges, electrification charges, interest free maintenance security charges etc. The builder has claimed all charges at the time of offering possession except charges for lifts, as the lifts are not installed despite the fact that while constructing the floors appropriate shaft/ space for lift is made by the builder.
My query is that if I go for consumer case, can the builder come and say that I have not installed the lifts because it is not mandatory under xyz law for lowrise floors or building is less than 15 mtrs.
Is there any such law/ guidelines of govt.
Guest
(Expert) 28 June 2014
Even if the builder admits that he has not provided lift, he can simply say that he has not claimed any maintenance charges for the lift. So, you would not be able to gain anything, unless your agreement specifically provides that the cost of the falt includes the infrastructure of lift, or contains specific assurance of the builder that he would provide the lift before making over possession of flat or by some specific period later. Since he has not claimed any charge towards providing or maintenance of lift, he cannot be trapped through consumer forum for not providing the service. No case for deficiency in service would stand against him. So, any case against him would be a personal loss to you.
So, better start formal correspondence reminding him about his assurance to provide lift and ask him by what date the flat owners should expect installation of lift.
You can pick up the thread from any of his response to create evidence on deficiency of service against him to help you sue him in the consumer forum.
But, the question arises, how he has been able to get completion certificate for the building without proving for the lift? You may better check from the records of the municipal corporation about completion certificate, whether actually granted or he is in possession of some fake completion certificate.
Raj Kumar Makkad
(Expert) 30 June 2014
I do endorse the wise advice of Ld. Dhingra Sir.
