First of all water logging is not act of God and you will not be able to get the benefit of this clause.

taking responsibility of the society to maintain building in such a way that the water should not go inside the lift and damaged the essential parts so that the operation disturbed.

If you still believe that this is the fault of Schindler please get your lift repared and file a consumer case against the company for deficiency in service.

1. Keeping the drainage clog free to let storm water go out freely is your task. The Schindler is not supposed to maintain other parts of your building. 

2. I am certain the Schindler didn't sell the lift as a waterproof machine.  Therefore the responsibilities to keep it out of water solely rests upon you. 

3. J find nothing wrong or illegally in claim of the Schindler.  Therefore filing a case before consumer forum would be a futile exercise. 

Dear sir,

Rainfall does not amounts to "Act of God". However, in this case their is a contributory negligence on the part of persons responsible for maintenance of your building. They should have ensured that the drains are not clogged. Schindler can take this defence at later stages. 

As of now you can write an email to them calling them to repair free of cost as it was their responsibility to maintain it. If they repair it it's good. However, most probably they would refuse. If they refuse, you can get the lift repaired after paying the charges, but specifically mention that you are paying the money under protest as the occupiers of the building are facing inconvenience. Make sure to record/document all your conversations.

Later, you can file a case in consumer forum for deficiency of services and recover the amount along with some compensation for all the hassles. 

Hope this answer helps.

Best wishes. 

Your maintenance contract with Shindler needs to be studied and due diligence needs to be done on it in order to ascertain whether there is any recourse for you or not.

Schindler is not bound to repair lift under maintenance contract as water has over flowed from terrace gone into lift and damaged the lift 

2) you will have to bear the expenses for lift repair 

3) even if you file complaint before consumer forum you would not succeed 

The company is responsible for maintenance of the lift as per the terms and conditions agreed there upon between both. 

The damages due to seepage water or a warning about such a situation to you by the company is not a part of the maintenance contract. 

If you would like to repair and keep the lift operationally fit, you may negotiate with the company and arrange for the repair work as necessary. 

Any legal action you may intend to contemplate against the company is not maintainable and you will end up in losing your valuable time, energy and money ultimately. 

This is all the responsibility of the lift installation firm to handle this situation. 

Serve them with a legal notice and than file a specific performance suit against them for getting the work done.

Another option is consumer court complaint 

 Let me get down to the brass tacks. The most viable remedy (presuming that there has indeed been a breach of your AMC) is for you to approach the local District Consumer Disputes Redressal Commission under the Consumer Protection Act. Your claim will be predicated on, among other grounds, deficiency in service and unfair trade practices (materially misleading warranty). Your claim will be for refund and damages.

But it may not be needed if you send a notice to the company in question, asking them to honour the AMC and do this for “free.” This may be enough to put the fear of god in them as it were.

I am not commenting on the merits of your case because the AMC (particularly exclusion and limitation clauses) and the complete facts of your case are not before me. 

Hope that answers your query.

You can file a complaint before consumer court for deficiency of service

This is a case of deficiency in service so first send the notice to the firm on facts and technically also after taking advise from the any other firm on the point and if they do not reply in affirmative then file a case before consumer court.

- As per the agreement between you and the said company , the company is bound to keep the machine in working conditions , and further to instruct the user/consumer of the lift for the precautionary measures , and also its maintenance limitations , where the said company will not be responsible if happened. 

- Since, there is fault of not providing the complete precautions to the user/consumer on the part of the Schindlers as well, hence the said company is under obligation to repair the lift partly with the consumer as well. 

- You should send a legal notice to the said company after narrating that this damage was caused due to their fault and the maintenance contract was given to them for servicing & keeping the Lift in good and working conditions and not for only watching the machine. 

- If refused , then file a complaint before the Consumer Forum in Delhi of your jurisdiction on the ground of deficiency of services .

It is obvious that they are trying to avoid responsibility. Send them a notice and if they do not respond then file a case in the consumer forum immediately.

Dear Sir,

You are suggested to serve a legal notice asking him to repair the same without charging any thing extra and you may pay only for the parts and accessories that are changed or replaced. 

Lifts are installed in such a way that water should clog in. It is installation problem and company only liable to repair at it's own  cost.

Dear Sir/ Madam,

Kindly let us read the terms and conditions of the contract in detail. If possible kindly send the scanned copy of the agreement and if it is seen that that there is deficiency of service as agreed certainly sue in consumer forum.

company can’t be held liable unless there’s a defect in product or service.

Please issue legal notice and serve upon them for breach of Contract. 

You need not to bear the expenses. 

Let them bear it.

No worries. 

After notice they may work as per the contract terms.

Please approach an Advocate for legal notice and serve upon your opponents. 

No one is above the law even the Schindler .

No need to blindly accept what they say and abide by their dictats. Escalate this with their customer case/higher ups. In case they refuse to budge, send them a legal notice in the matter, calling upon them to tackle the situation at hands strictly in terms of the maintenance agreement that they have signed with you.

In case the problem is still not resolved; take them to the consumer court.  

Good luck. 

Better file consumer court complaint and pay for repair, same will recover from company through court.

Okay.

Please go ahead. All of us are with you in this battle of justice. 

That's great to know. 40% discount is battle half won already.

You are welcome!

Best wishes.  

Thanks  for your appreciation 

you should accept the discounted offer 

litigation is long drawn and expensive proposition 

If you have decided to fight against the company, you collect the evidences against the company including the aspects that which the company failed to notify you in advance about such calamities.

You may decide about the offer made by the company whether to accept the same or to reject or to demand even more higher offer.

Of if you are firm enough to take up a legal battle against them, then don't give up.

If need be, you can take the assistance of any local advocate for drafting a legal notice or a complaint before the consumer forum etc.

File a case in the consumer court.

Regards

You may Issue a legal notice through an advocate and file Complaint before District consumer forum on  Defiency of services 

- Thanks for appreciation and rating my reply. You may connect with us , if needed further advise. 

All the Best

Thanks.

Congrats

Dear Sir, 

As suggested earlier, you are suggested to pay only for the parts and accessories that is replaced and not for the labor cost etc. 

1. You should send them a legal notice for repair of lift without any cost.

2. If they still refuse to repair the lift then file case before consumer forum against schneider India. You can file case even without serving legal notice.