The National Consumer Disputes Redressal Commission (NCDRC) bench, presided by Justice V K Jain, asked the owners of the Mumbai-based building, Bhagwati House, in which the mishap took place, and lift maintenance firm Care Elevators and Engineering Co Pvt Ltd, to pay Rs 1.89 crore to the father of the victim Rohan Pai.
Rohan died in 2005 when a faulty elevator moved up with its door open. His neck and head got stuck inside while the remaining part of his body was outside the lift as it continued to elevate. Rohan's father had sought Rs 4.89 crore as compensation.
"Their life can never be the same again. A just and reasonable compensation can only give them a financial succour, which the son would have provided, had he remained alive," the commission said.
"The total compensation payable to complainant (Rohan's father) comes to Rs 1,23,00,000. In facts and circumstances of this case, we direct that 25 per cent of the aforesaid amount will be paid by building owners whereas 75 per cent amount would be paid by lift maintenance firm," it said, while also awarding interest to the complainant at 6 per cent per annum from the date of the filing of the complaint in 2005.
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, Pai said, adding that Rohan was rescued from there and taken to hospital where he was declared brought dead.
The respondents, building owners and lift maintenance firm, however, had contended before the commission that Rohan was not their consumer and the accident occurred due to his negligence.
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