Do not use the apartment elevator, the old woman sues for hundreds of millions

The 9-storey Guangzhou apartment building began to house residents in 2017. For a time, the building did not have an elevator, residents had to take the stairs.

Facing the inconvenience of traveling, the households agreed to build the system and install an elevator outside. However, Mr. Feng, who lives on the first floor, protested. Due to the higher support rate for the elevator, after the permit was obtained, the construction process started.

In June 2019, the elevator was put into use. Since before the project was started, Mr. Feng, more than 70 years old, has strongly opposed. Because he thinks that the family living on the first floor does not need an elevator and has no need to install an elevator.

Because the elevator was still being built and installed, Mr. Feng filed a lawsuit in court. Requesting households that have agreed to build elevators must compensate for damage, with a total amount of more than 70,000 yuan (250 million VND).

In order to facilitate the proceedings, she and her children asked the real estate company to evaluate the decrease in the price of the apartment after the elevator. Accordingly, when there is no elevator, the house where she lives costs more than 33,000 yuan/m2 (112 million VND/m2), but after installation, the price drops to 31,880 yuan/m2 (109 million VND). Thus, her entire apartment of more than 53m2 has lost nearly 70,000 yuan (more than 239 million VND).

In addition, she also said that during the 4-year-long controversy leading to mental and physical loss, she should claim 100,000 yuan (more than 340 million VND).

The Court of Appeal said that the installation of the elevator is related to ventilation, light, noise and affects the residents on the first floor. The area for the elevator is a common part of the building, Ms. Feng is owned. this part.

It is fair to say that living on the 1st floor does not receive any benefit from taking the elevator and vice versa, it also affects the lighting and ventilation of the 1st floor apartment. Meanwhile, the upper households benefit from this.

According to Article 6 of China’s civil code, it is necessary to ensure the principle of fairness in civil activities. Therefore, the court said that it was necessary to balance the interests of the total amount of money that the households needed to compensate Mr. Feng was 52,000 yuan (177 million dong), and rejected the spiritual compensation claim as the old woman demanded.

Quynh Huong (According to Beijing Youth Daily)

If there is an apartment dispute, people need to report it to these agencies

Facing the outbreak of disputes in apartment buildings in the area, the Department of Construction of Ho Chi Minh City has just issued instructions on the operation and management of apartment buildings. It clearly states the responsibilities of each relevant department.