• Lost my father due to negligence of builder

Dear sir, Good evening.
I have purchased a ready to move property in gujrat at jamnagar. On 20th of october 2016 we have register our property and paid full amount including maintainace fees of 50000/- by cheque to builder.
Within a week we have shifted to our new flat.
But one and half month passed but builder did not provide lift facility as our flat on 3rd floor despite reminding of my father's ill health ( BP AND DIABETES PROBLEM) on 10 of dec 2016 my father died due to heat attack. 
Pls provide legal advice on above matter.
Thanks & Regards 
Prashant
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) was lift in the sanctioned plans ?

2) if builder failed to provide lift inspite of promising the same then you can sue the builder and claim damages as death occurred in account of builder to provide lifts as per sanctioned plans

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

It is the duty of the builder to provide all the amenities as per sanctioned plan. If he is not providing the same you can file damage suit against Builder.

In the death of your father, you have to prove it happens due to the negligence of Builder. You can claim damages but it is difficult to prove death occurred due to negligence of Builder

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1.This happens in most of the cases in properties made by builders.

2.However there is nothing to worry as if in the deed the mentioning of lift is mentioned then you are entitled to get the same.

3.So to get the relief you can file a case before the consumer forum wherein you would be aptly compensated for the delay in providing the lift facility.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) you can sue the builder for deficiency in service

2) file complaint before consumer forum and seek compensation against builder

3) in the alternative file suit for damages

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

You can mention any amount which you think good for causing mental and physical harassment to your father including any money borne towards his medical treatment.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

If the builder has not provided all the promised amenities, you should not have occupied the property and should not have paid the final instalment too.

You have rushed up to occupy the property without even bothering about the deficient items whereas now due to this unfortunate incidence you are holding the builder responsible for this, which is not maintainable in law.

You can file a consumer court case against the builder for his deficiency in service.

You can seek compensation for this and you may cite that your father's unfortunate death could have been avoided had these facilities been provided.

This is the solution you have for redressing your grievance.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Yes sir, lift in senction plan. However lift is already installed but he deny to use as reason given by them when society of flat owner is created we will permit to use.

When my father had heart attack I called him for use of lift, he replied that came to my house (which is 2.5 km away) and take key of lift. During this time my father died.

So i woud like to know that where shoud i complian.

And how can i decide compensetion amount in this case.

Not allowing to use the lift shall be an intentional act which can be considered as an illegal act, however you can issue a legal notice demanding explanation and compensation for this act of intentional negligence and deficiency of service.

You may consult an advocate and initiate appropriate action.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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