Andhra Pradesh Court June 1997 Judgments

State of A.P. Rep. by Superintending Engineer and anr. Vs. K. Bapiraju ...

Court: Andhra Pradesh

Reported in: 1997(5)ALT146

ORDERA. Hanumanthu, J.1. These two matters are directed against the common order dated 22-3-1991 of the II Additional Judge, City Civil Court, Hyderabad passed in O.S.No. 1096 of 1987 and O.P.No. 528 of 1987 and they are also being disposed of by a common order.2. The State of Andhra Pradesh represented by the Superintending Engineer, N.S. Canal Circle, Nuzvid and the Executive Engineer, N.S. Left Canal, Nuzvid Milavaram are the appellants/petitioners in both the matters and the contractor K. Bapiraju and the sole arbitrator Mohd. Karimullah Khan are the respondents.3. The facts leading for preferring this appeal and revision are, in brief, as follows:The Superintending Engineer, N.S. Left Canal Circle, Nuzvid had invited tenders for 'excavation of Machavarm major' from K.M.6 to K.M.8. The first respondent herein, K. Bapiraju, contractor, had submitted his tender for that work at Rs. 4,04,759 with 7.52% excess over the estimated contract value of Rs. 3,76,431/-. The Superintending Engi...

Dr. B. Narasaiah Vs. Kande Laxmaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The wife of the complainant in C.D. 30/91, namely Kande Lingamma was taken to the 1st opposite party i.e. Dr. B. Narasaiah of Amangal, Mahaboobnagar District as she was suffering from severe stomach pain and continuous vomitings on 15.7.1990. The 1st opposite party prescribed some medicines and the patient was asked to be brought after 4 (four) days. On 19.7.1990, the complainant and his wife went to the lst opposite party, who advised them to get an X-Ray. After seeing the X-Ray, the 1st opposite party diagnised that the complainant's wife was suffering from Chronic Appendicitis and advised operation. On 28.7.1990, the complainant's wife was admitted in Soujanya Nursing Home i.e. 2nd opposite party and was operated by the 1st opposite party on the same day and was discharged on 8.8.1990. The complainant paid the necessary amount. But after four days, after discharge, the complainant took his wife to the 1st opposite party as she was having vomiting....

Shaik Rahim and Others Vs. Manager, State Bank of India and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complaint CD 233/94 was filed by three complainants. The 1st complainant is the daughter-in-law of late Saidabi and complainants 2 and 3 are daughters of late Saidabi. The late Saidabi during her life time pledged the gold ornaments with the opposite party No. 1 for a sum of Rs. 10,000/-. After the death of the said Saidabi, the complainants discharged the loan amount and claimed return of gold ornaments. The 1st opposite party requested the complainants to produce a Succession Certificate and that unless such certificate is produced, they cannot return the gold ornaments. The District Forum found that it cannot be said that the complainants alone are entitled to receive the gold ornaments as legal representatives. It, therefore, held that the opposite party No. 1 rightly asked the complainants to produce Succession Certificate and as the complainants did not produce the same, the District Forum held that there is no deficiency of service on the ...

Vasundara Enterprises Vs. Katti Siva Kumari

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. It is not in dispute that the complainant in OP 431/1995 District Forum, Guntur joined as a member of scheme run by the opposite party i.e. M/s. Vasundara Enterprises having its head office at Guntur and two branches at Chilakaluripet and Narsaraopet. The membership was given to the complainant in the place of one P. Venkateswarlu who discontinued his membership after paying 1 or 2 instalments. According to the agreement of partnership between the main office and two branches which were being managed by two agents, the duty of the branches is to enlist members for the chit transaction collect the monthly instalments and inform the head office at Guntur. The agents managing the branches will take monthly remuneration for the work done by them and also a share in the profits. The draw for the distribution of the prizes will be held by rotation i.e. first time at the branch of Narsaraopet and on the second occasion at the branch of Chilakaluripet and on...

Ramakrishna Auto Service and Another Vs. Bonda Veerabhadra Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in C.D. 125/95 District Forum, East Godavari at Kakinada with the financial assistance of State Bank of India purchased a diesel auto for a sum of Rs. 58,000/- from the first opposite party on 1.9.1994. But within one month the auto used to give loud noise and broke down and the clutch plates were not working. The complainant informed about the mechanical defect to the opposite party No. 1 who deputed a mechanic and got it repaired by fixing a new clutch plate. The auto worked for a month and thereafter on 7.11.1994 the engine failed. The first opposite party again sent a mechanic who removed the engine and sent it to Vijayawada without informing the complainant about the defect in the engine or the repairs required. After several phone calls the first opposite party sent the engine on 11.12.1994 with a bill for Rs. 2,592.16 Ps. Even thereafter it was not working properly and was giving trouble due to severe mechanical defects and bre...

Branch Manager, Oriental Insurance Co. Ltd. Vs. R. Pochaiah and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

A. Venkatarami Reddy, President: 1. The complainant in OP 910/94 District Forum, Hyderabad insured his vehicle Mahindra Nissan Allwyn Light Motor Goods vehicle of 1990 model with the first opposite party i.e. Oriental Insurance Company from 1990 which was renewed yearly. The second and third opposite parties are the driver and cleaner of the goods vehicle respectively. On 28.5.1994 during the subsistence of the policy (Ex. A-5) the vehicle met with an accident as it was hit by R.T.C. bus resulting in extensive damage. The opposite parties 2 and 3 i.e. driver and cleaner respectively informed the complainant, who in turn informed the first opposite party about the accident and the first opposite party appointed a surveyor to do the preliminary work. On the advice of the first opposite party, the complainant submitted a quotation Ex. A-11 from Star Everest Motor works Secunderabad for repairs tentatively at Rs. 1,04,835/- and when the complainant submitted an estimate the first opposite ...