Nibav to pay Rs 3 lakhs to ex-IPS officer for uninstalled lift: Hyderabad consumer panel

Hyderabad: A 1980 batch IPS officer of undivided Andhra Pradesh, K Ch Venkata Reddy faced a tough time when he decided to install a lift in his house for an emergency to help his wife who is suffering from a serious ailment.

However, despite receiving an advance on April 28, 2023, Nibav Lifts Pvt Ltd failed to install the lift. After Venkata Reddy approached the consumer panel, it was ruled that Venkata Reddy is entitled to get a refund of Rs 3.10 lakhs from Nibav Lifts with six per cent interest per annum from July 20, 2023.

Nibav Lifts was also asked to pay a compensation of Rs 10,000 for Venkata Reddy’s mental agony and physical discomforts and Rs 10,000 to cover the legal costs within 45 days of receipt of the order.

Case details

Venkata Reddy, a resident of Prakash Nagar in Hyderabad, decided to install a lift in his house for his wife. Venkata Reddy found home elevators by Nibav Lifts and after going through the company’s brochure, the complainant asked the Nibav Lifts’ development manager to install an elevator on a priority basis within two months, citing his wife’s critical illness and incapacity to climb stairs.

Nibav Lifts offered to obtain a letter of confirmation from the head office in Chennai within two days after Venkata Reddy asked the manager to provide written details of the lift installation timeline. Venkata Reddy signed the Articles of Agreement on April 25, 2023, and sent a cheque for Rs 3,10,000.

However, the manager neglected to produce a letter of confirmation from his head office in Chennai after the check was issued.

No refund policy

Even after Venkata Reddy sent multiple reminders to Nibav Lifts, they failed to respond adequately. As Nibav Lifts failed to give a schedule for the installation of the lift, Venkata Reddy shifted to an apartment in Hi-Tech city with a lift facility.

Despite receiving the advance on April 28, 2023, Nibav Lifts failed to install the lift. Therefore, Venkata Reddy issued a legal notice on June 9, 2023, for a refund of the advance and Nibav Lifts replied to the legal notice stating that they do not have a refund policy.

In the legal notice, Venkata Reddy alleged a breach of trust and deficiency in service on the part of Nibav Lifts home elevators. In return, the company denied the allegations except those that were specifically admitted in the written version. It contended that Venkata Reddy was satisfied with the specifications of the lift, entered into an agreement and paid an advance of Rs 3,10,000.

Nibav Lifts further contended that after signing the quotation Venkata Reddy insisted the executive prepare an agreement with a condition that the lift would be installed within two months and the said alteration was out of the executive’s scope.

Claims of non-payment for lift

In its reply, Nibav Lifts stated that Venkata Reddy failed to adhere to the payment schedule mentioned in the quotation. It further averred that the complainant was shifting to a new apartment that had a lift, therefore, he did not pay the balance sale price and demanded for refund of the advance amount.

Venkata Reddy said that Nibav Lifts agreed to delivery after three months from the date of approval of drawings. On May 11, 2023, a team of technicians visited Venkata Reddy’s home for measurements, but he did not allow them to take measurements and insisted on the installation of a lift within two months. Nibav Lifts informed Venkata Reddy that the installation could be done within two months with an additional cost of Rs 50,000 but Venkata Reddy did not agree to the same.

Issue of jurisdiction

Unless Venkata Reddy proved a deficiency in service on the part of Nibav Lifts, the Commission had no jurisdiction to pass a decree for a refund of money, the company said. It is further submitted that the cause of action had arisen at Chennai, therefore, the district commission lacked territorial jurisdiction to entertain and decide the present dispute. Hence, denying the allegations of deficiency in service and unfair trade practice on their part, Nibav Lifts asked the commission to dismiss the complaint.

After hearing the arguments from both parties, the consumer redressal said that Nibav Lifts has adopted an unfair trade practice. Hence, Venkata Reddy is entitled to a just and reasonable compensation for the mental agony and physical discomforts suffered by him.