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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
J.M. Malik, Presiding Member and Dr. S.M. Kantikar, Member
Mrs. Rashmi Handa & Ors. —Complainants
versus
OTIS Elevator Company (India) Ltd. Through Chairman & Ors. —Opposite Parties
Original Petition No. 25 of 2005
Decided on 21.1.2014
Counsel for the Parties:
For the Complainants :Ms. Surbhi Mehta, Advocate With Mr. Sharad Bhahsali, Advocate
For Opp. Party No. 1 :Mr.Rohan Batra, Advocate With Mr. Dhruv Dewan, Advocate
For Opp. Party No. 2 :Mr. Jaswinder Singh, Advocate
For Opp. Party No.3 : Mr. Amit Ranjan, Garrison Engineer E.M., Base Hospital
Headnote:Consumer Protection Act, 1986—Section 2(1)(g)—Deficiency in service—Death of complainant’s husband in a lift accident— OTIS, OP1 had installed Elevator in CGO Complex, in December, 2001 and accident occurred on 20.03.2003—Compensation claim—Lift was installed in the premises of OP2 in December, 2001— During the year 2001-02, it was a well—known fact that electricity supply was not good— There used to be short-cuts, every now and then— The principal defence of OP1 was that due to voltage and fluctuation, the lift stopped and the accident occurred— The deficiency on the part of OP1 was apparent in installing the lift without Voltage Stabiliser— Defence that no Tender was made for Voltage Stabiliser held not worthy of credence— It was risky and the OP1 was aware of that— OP1 had committed an egregious mistake in this context— This sure was deficiency on the part of OP1— Expert Report clearly mentioned that lift in question was a Voltage Stabiliser lift and needed Voltage Stabiliser, as a compulsory component for its smooth functioning—No record to show that OP1 had assessed the situation before installation of the lifts — There was no evidence on record to show that OP1 had given training to OP2 & OP3 about the steps to be followed, in a sequence, in case of sudden stoppage of the lift— OP1 also did not produce any evidence in the form of Duty Chart, Log Book, Job Card, etc., to prove that they could reach the spot, within 15-20 minutes—No record was produced to show that previously, rescue operations were carried out— Claim made by the complainants allowed in the sum of Rs. 3,01,48,195, jointly and severally, with interest at the rate of 9% — The liability of OP2 limited to 5% of decretal amount and liability of OP3 limited to 25% of the decretal amount— The rest of the amount to be paid by OP1. (Paras 23 to 41)
J.M. Malik, Presiding Member—Fame and power driven with the ulterior motive of greed, leads to devastation. To us here, death is the most terrible thing, we know. We understand ‘death’, for the first time, when he (death) puts his hand upon one, whom we love.
2. The facts of this unfortunate case, are these. Mr.Vipin Handa, aged about 46 years, who was working as Director, lost his life in tragic circumstances. The OTIS, OP1 installed Elevator in CGO Complex, in December, 2001. On 20.03.2003, at about 10.40 AM, a meeting of senior officers concluded on the 11th Floor of Research Analysis Wing (RAW) office in the CGO Complex at Lodhi Road, New Delhi. Lift No.6 is reserved for the officers of the level of Joint Secretary and above. During the second trip, Down, in the lift, Mr.Vipin Handa was one of the few officers who were in the Elevator. Approximately, at about 10.45 AM, the lift abruptly stopped between 6th and 7th Floor. The operator in the lift informed the lift operator in the control room that the lift had stopped. Three persons from the control room reached the 7th Floor, opened the lift door on the 7th floor with a manual key and spoke with the operator inside. They asked all the occupants to await their return to begin the rescue operation, locked the lift door again and left. Two men went up to the Machine Room on the 11th Floor, switched off the main supply Miniature Circuit Breaker (MCB) and returned to the 7th Floor. They opened the lift door again, manually, and began helping the officers stranded in the lift to climb on to the 7th floor. The First Officer was rescued successfully.
3. Mr. Vipin Handa was the second officer to be rescued. While he was being rescued by the lift operators, the lift abruptly moved downwards for about 5-7 seconds, crushing Mr. Handa’s neck between the cabin roof panel and the floor, causing his instantaneous death. At that time, the lift was closer to the 6th Floor and the remaining Eleven officers were helped out. Mr.Handa’s body remained hanging from the 7th Floor. Ultimately, the cabin roof panel was forced open with the assistance of the Delhi Fire Service and the In-house Maintenance/Engineering Staff and Mr. Handa’s body was recovered and taken to hospital. Maintenance staff of OP1 was absent during the entire incident on 20.03.2003. Body of Mr.Vipin Handa was taken to AIIMS, New Delhi, where he was declared brought dead, on arrival, at 12.53 PM. The matter was reported to police vide Annexure P-15. Copy of autopsy report mentioned the cause of death as “hemorrhagic shock due to multiple injuries caused by blunt force”.
4. Mr. Vipin Handa was selected by Indian Revenue Service (Customs & Central Excise Group A) in the year 1980 and was posted to the Directorate of Revenue Intelligence under the Ministry of Finance, from 1987-2000. He was appointed as First Secretary to the Embassy of India in the United States of America, in the year 1995. He was also posted as Counsellor in the High Commission of India in Islamabad. During his posting at Pakistan, Mr.Vipin Handa was expelled from Pakistan after a period of approximately 18 months. Thereafter, Mr.Handa was assigned to Research and Analysis Wing under the Cabinet Secretariat where his death occurred. He was also awarded the Uttam Seva Praman Patra posthumously by the Government of India for the year 2003 and got other meritorious certificates from various other Departments.
5. OTIS Co., OP1, installed the Elevator in RAW, OP No.2, under the Cabinet Secretariat. Military Engineering Services (‘MES’, in short), OP No.3, entered into a maintenance and repair contract with OP1. OP 1 was liable under condition 46 of the General Conditions of Contract, to rectify the defects immediately. The instant complaint was filed by Mrs.Rashmi Handa, wife of Mr.Vipin Handa and by their daughter and son, claiming compensation and damages to the tune of Rs.1,89,05,922/-, with interest @ 20% p.a. from the date of institution of claim, i.e. 18.
