Mahagun Moderne, Sector 78, Noida was promoted as a low-density semi luxurious project and was sold at a premium. Keeping in line with the semi luxuriousness, the sales team of Mahagun represented and distributed building plans showing 4 lifts in various towers namely ‘Mantova’, ‘Sienna’, ‘Crema’, ‘Catania’, ‘Ferrara’, ‘Valencia’, ‘Felecita’ and ‘Eternia’.

It is a matter of record that with efflux of time the number of floors in aforesaid towers increased without consent of flat buyers. It is also a matter of record that the project is not low density as compared to its peers in vicinity. To add to this in the general body meeting held on 7-Jun-2014, Mahagun officials announced that the 4th lift is exclusively reserved for penthouses on the top floors or is simply not there. This revelation is unethical and shocking for the following reasons:-

1. Mahagun management cannot justify 3 lifts for over 170+ flats i.e. approximately 850 residents including domestic help/service providers, in aforesaid towers by any stretch of imagination.

2. It is clear that the flat buyers in these towers will face serious hardships, especially physically handicapped, senior citizens, heart patients, and elderly having joint/knee problems on account of the reduced resources or absence of sufficient number of lifts. Mahagun management appears to unmindful of the fact that a number of people are going to use the lifts especially in morning hours are going to be substantial, like school going children, morning walkers, milk delivery persons, paper delivery boys, maids, servants, persons carrying garbage, everyone is going to use the 3 lifts, also these are going to be used for carrying furniture/goods etc.

3. The maintenance due to extensive use will increase wear and tear of lifts and shall only add to woes of hapless residents.

4. Mahagun’s image will suffer a dent as it appears that Mahagun management has changed from delivering a semi luxurious low density project as promised to last minute profiteering at the cost of hapless flat buyers.

It is clear that not providing 4th lift is not right and is highly unethical.

UP Apartment Act, 2010 has come into force from March, 19, 2010. Sub-section (4) of Section 4 casts an obligation on the promoter not to alter the plans, specifications and particulars, after it’s sanction and disclosure to indenting purchaser, without disclosing it to intending purchaser, without their previous consent. It is clear that the Mahagun High rise flat buyers have not been consulted and this reduction in facilities is not acceptable.

By way of present petition we request Mr. Amit Jain and Mr. Dhiraj Jain, Directors at Mahagun Real Estate Pvt. Ltd. to choose willfully to fulfill their promises by installing the 4th lift before offering possession in the above mentioned towers.