STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI Appeal No.A/19/119 (Arising against the order dated 30/10/2018 passed by the Addl.D.F. MSD in CC/04/439)

1.Dharma Nana Madane

2.Dinesh Dharma Madane

3.Deepa Yogesh Salve R/o.A/704, Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East ......

Mumbai 400 101 Appellants/org.complainants Versus

1. Late Mr.Tarun Pranlal Bajaria & ors.

Through legal heirs-

1A.Mrs.Jyoti Tarun Bajaria

235/17, Teckchand Niwas Near GTB Nagar Railway Station Sion East, Mumbai 400 022 1B.Mr.Keyur Tarun Bajaria

445/801, Jaynik Apartment CHSL Mahilashram Road, Matunga Mumbai 400 019

1C. Mr.Viral Tarun Bajaria

506, Barkentine Lane ………Respondents/org.OPs Redwood City, CA 94065

2. Mr.Shyam Dhamal (Life Manufacturer)

Prop.Europe Elevators E/21, BSES Friends Colony Tilak Road, Gorai Part III Borivali West Mumbai 400 092

3. Mr.Jagdish Thakkar (Architect)

71/A, Indrayani, 1^st floor Sindhi Society, Chembur Mumbai 400 071

4.Mr.Devdas Pandurang Ludbe-Ex Secretary B-505, Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East, Mumbai 400 101

5. Mr.Vilas M.Gaonkar-Ex Chairman Ground Floor, Flat no.2 Tata Colony Aptt. Parel Village G D Ambekar Marg (Tank Road)

Mumbai 400 012

6. Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East, Mumbai 400 101 Appeal No.A/19/437 (Arising against the order dated 30/10/2018 passed by the Addl.D.F. MSD in CC/04/439)

Mr.Tarun Pranlal Bajaria (deceased)

Through legal heirs-

1. Mrs.Jyoti Tarun Bajaria

235/17, Teckchand Niwas Near GTB Nagar Railway Station Sion East, Mumbai 400 022

2. Mr.Keyur Tarun Bajaria

445/801, Jaynik Apartment CHSL Mahilashram Road, Matunga Mumbai 400 019

3. Mr.Viral Tarun Bajaria

506, Barkentine Lane Redwood City, CA 94065 …Appellant/org.OP no.1 v/s.

1. Dharma Nana Madane

2.Dinesh Dharma Madane

3.Deepa Yogesh Salve R/o.A/701, Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East, Mumbai 400 101 …….Respondents/org.complainants

4. Mr.Shyam Dhamal (Life Manufacturer)

Prop.Europe Elevators E/21, BSES Friends Colony Tilak Road, Gorai Part III Borivali West, Mumbai 400 092

5. Mr.Devdas Pandurang Ludbe-Ex Secretary B-505, Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East, Mumbai 400 101

6. Mr.Vilas M.Gaonkar-Ex Chairman B-505, Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East, Mumbai 400 101

7. Akurli Golden Palace CHS Ltd.

Akurli Road, Lokhandwala Township Kandivali East, Mumbai 400 101……Respondents/org.OP nos.2, 4, 5 & 6 BEFORE: Justice S.P.Tavade – President Vijay C.Premchandani – Member PRESENT: Advocate Ashutosh Marathe for org.complainants.

Advocate S.B.Prabhavalkar a/w.Adv.N.S.Parte for org.OP no.1 None present for other OPs COMMON FINAL ORDER (Dt.30/05/2025)

Per Hon’ble Vijay C.Premchandani – Member

1. The appeal no.A/19/119 is filed by the original complainants and the appeal no.A/19/437 has been filed by the original OP no.1 against the order dated 30/10/2018 passed by the Ld. Additional District Consumer Disputes Redressal Commission, Mumbai Suburban in consumer complaint no.CC/04/439. Both these appeals are disposed of by the common order as the said appeals are filed against the same impugned order, The factual matrix of the case:-

2. On 25/06/2003, Mrs.Suman Madane wife of complainant no.1 and mother of complainant nos.2 & 3 died in the bizarre lift accident in their building. On 25/06/2003, at about 1.15 p.m. Mrs.Madane stepped out of her flat on the seventh floor and summoned the lift to go down. The window on the out doors of the lift have not been fitted with glass or acrylic sheet as required. The indicators to show the movement of the Lift from floor to floor were not functional. Since the lift did not arrive for some time, Mrs.Madane peeped from through the uncovered window of the outer door of the Lift to check where exactly the Life was or it was closed down. Just at that moment, the Lift descended from above and hit the back o