No lift installed in building for over a decade despite promises, flat buyers win Rs 7.5 lakh

Holding that a lift promised to flat buyers formed an integral part of the facilities offered, a consumer body in Delhi has directed two builders to pay them over Rs 7.5 lakh for failing to install the elevator for over a decade, despite repeated assurances and a settlement deal that had fixed a March 2019 deadline for the same.

President Sangita Dhingra Sehgal and member Bimla Kumari of the Delhi State Consumer Disputes Redressal Commission were hearing a complaint filed by two individuals who alleged that they had purchased flats in the building after being assured that an elevator would be installed, but the promise remained unfulfilled even years after possession was handed over.

“Opposite parties number 1 and 2 (Builders) are deficient in providing services to the Complainants as they have failed to install the lift and comply with the terms of the Settlement Agreement dated 19.08.2018,” the July 6 order read.

Purchase, pending works, legal notice

The complainants stated that they had purchased residential flats from the builders through separate agreements to sell and registered sale deeds. One complainant executed an agreement to sell on September 9, 2013, followed by a sale deed on April 25, 2014, while the other complainant and his wife executed an agreement to sell on January 4, 2013, followed by a sale deed on June 10, 2013.

According to the complainants, the building was substantially complete when possession was handed over, except for certain pending works, including the installation of a lift. They claimed that the builders had assured them that the lift would be installed within a month of the execution of the sale deeds and that the amount they had paid included the cost of the lift.

After waiting for nearly four years, the complainants issued a legal notice in July 2018, seeking installation of the lift or reimbursement of its cost. Following negotiations, the parties entered into a settlement agreement on August 19, 2018, under which the builders undertook to install the lift by March 31, 2019. The agreement stated that if they failed to do so, they would pay Rs 6 lakh to the flat owners.

The complainants claimed that they accepted possession of their respective flats, but the builders failed to install the lift despite repeated assurances. The complainants were represented by advocate Vijay Chandra Jha.

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Lift part of promised facilities: Forum

The consumer body found that the said sale deeds reveal that the purchasers were expressly granted the right to use the common entrance, staircase, passage, lift and other common facilities in the building. Therefore, it is evident that the provision of a lift formed an integral part of the facilities promised by the builders.

It was further noted that the builders neither installed the lift nor paid Rs 6 lakh to the flat owners according to the August 19, 2018 agreement they had entered into after the legal notice was served.

The commission held that the complainants are entitled to the Rs 6 lakh. It further directed the builders to pay Rs 1 lakh as compensation for mental agony and harassment to the complainants, along with the litigation costs of Rs 50,000.

Significance of ruling

The ruling underscores that builders are obligated to deliver the facilities and amenities promised to buyers at the time of sale. It highlights that failure to provide agreed amenities within the stipulated timeline, despite receiving the full sale consideration, can amount to deficiency in service and make builders liable to compensate homebuyers.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states or call the National Consumer Helpline at 1915 or 1800-11-4000 for assistance.