V.K. Jain, Presiding Member—Opposite Party No. 3 Kingfisher Airlines Ltd. had office in Bhagwati House, Off. Veera Desai Road, Andheri, Mumbai, which it had taken on Lease and Licence from Bhagwati Associates Pvt. Limited. The aforesaid building was being managed by Bhagwati House which is stated to be a condominium of the owners of the aforesaid building. The lifts in the aforesaid building were installed by OP-4, OTIS Elevator Company (I) Ltd. and at the relevant time, the upkeep and maintenance of the said lifts was the responsibility of OP-1, Care Elevators & Engg. Co. Pvt. Limited, by virtue of the agreement it had with the above-referred consortium. On 10.05.2005, the lift installed in the rear wing of the aforesaid building got out of order and a report in this regard was lodged with OP-1 at about 10 AM. When late Shri Rohan Pai entered the aforesaid lift, it abruptly moved up, even though its doors were open. As a result, he got stuck in the lift with his neck and head inside and the remaining part of his body outside the lift / elevator. He was rescued from there and taken to hospital where he was declared dead.

2. The case of the complainant, as set out in the complai