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The developer whose elevator noise exceeds the standard is awarded compensation for the owner's spiritual comfort.
Read: 1171 Author: Mr. elevator source: Elevator noise control release time:2020-01-09

Due to the excessive elevator noise, Ms. Zhang, the plaintiff, could not sleep normally, which seriously affected her normal work and life. Therefore, she asked the development company to compensate her spiritual loss during the period of damage according to the standard of 100 yuan per day. A few days ago, Chaoyang District People's Court of Beijing finally decided that the developer should pay 6300 yuan for spiritual comfort.

The plaintiff Ms. Zhang claimed that the plaintiff purchased the house developed by the defendant Beijing Chaoyang District Urban Construction Comprehensive Development Company (hereinafter referred to as the development company) and located in Building 8, Tianshui West garden. The elevator lobby of the building is located in the north side of the plaintiff's large bedroom. The noise of elevator operation causes it to be unable to sleep normally, seriously affects its normal work and life, and causes long-term headache and low spirits. Therefore, the development company is required to compensate for its mental loss during the period of damage according to the standard of 100 yuan per day. The noise intensity of the elevator in Ms. Zhang's big bedroom was tested by the environmental protection testing station of Chaoyang District, Beijing. The results show that the actual measured noise value of the two elevators is 35.2db and the background noise value is 30.0db when they are operating at the same time from 22:00 to 23:00, which all exceed the national standard.

During the trial, Ms. Zhang submitted a medical manual to prove that her body and mind had been damaged. The development company believes that Ms. Zhang's house noise does exceed the standard, but the elevator has passed the acceptance of relevant departments, and it has fulfilled its duty of care, without any fault. During the trial of the case, the development company transformed the elevator. After the transformation, the night noise of Ms. Zhang's big bedroom reached the first level of national indoor allowable noise level.

After the trial, the court held that the development company, as the developer of the house, has the obligation to maintain the normal operation of the elevator so as not to interfere with the normal life of others, and shall be liable for compensation for the damage caused to others by the elevator noise. The development company shall compensate for the damage caused to Ms. Zhang's house caused by the excessive noise caused by the elevator permitted by the environmental protection testing department. The court considered the length of the infringement time, the intensity of the infringement, Ms. Zhang's age and health status, and referred to the fault degree of the development company, decided that the development company should compensate Ms. Zhang 6300 yuan for her spiritual comfort.

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