Andhra Pradesh Court December 2009 Judgments

In Re: Sri Sitaram Chaprala, Advocate, High Court of A.P.

Court: Andhra Pradesh

Reported in: 2010(1)ALT548

ORDERL. Narasimha Reddy, J.1. The proceedings in this case are initiated by this Court, suo motu, under Section 14 of the Contempt of Courts Act, (for short 'the Act'). The facts that gave rise to the initiation of proceedings are, as under:2. W.P. No. 13053 of 2007 was filed by Mohd. Ameerullah Khan, and five others, represented by their General Power of Attorney, who is none other than the 4th petitioner therein. It was filed for a Writ of Mandamus, to declare that action of the Commissioner, Serilingampally Municipality, the 1st respondent therein, in not taking steps to remove the unauthorized and illegal constructions made upon Acs.5.10 guntas of land in Sy. Nos. 200, 201, 205 and 206 of Kondapur Revenue Village, Serilingampally Mandal, and in not considering the representations made by the petitioners, as illegal, arbitrary and contrary to the A.P. Municipalities Act. Initially, it was listed for admission in the year 2007 itself, and thereafter it underwent adjournments.3. The w...

Sri. Lt. Col ( Retd.) Prem Nath S.M. Rep. by His S. P.A.A.S. V.S.N. Mu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral order : ( as per Sri Syed Abdullah, Honble Member ) This appeal is filed by the unsuccessful complainant in dismissing the complaint in CC 59/2006 before the District Forum, Nalgonda for the relief to direct the respondent/OP to execute a sale deed in respect of the plot no.53, Block- R, sector IV, East City, Bibinagar, Nalgonda which was allotted on payment of the sale price. Briefly stated the facts as set out in the complaint are that OP is a developer and promoter of housing plots and he offered to sell open plots to all the public more particular to defence personnel. The Managing Director of the respondent/OP himself is a retired Military officer. The complainant had paid a sum of Rs.15000/- for the plot admeasuring 250 Sq. yards and also paid Rs.150/- towards membership fee in the scheme. The said amount was paid on 2.8.91. On 26.10.1992 OP informed him that he was allotted with a plot in sector IV, Plot no. 52, Block R. As per the membership agreement the complainant had ...

The Regional Provident Fund Commissioner Provident Fund Organisation, ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) The opposite parties are the appellants. They have filed the appeal challenging the order of the District Forum Vishakapatnam. in C.D.No. 19 of 2006. The facts of the case briefly stated that the complainant was working as watchman in Sri Devi Mahal, Amadalavalasa of the opposite party no.4. The complainant is a contributor to the Provident fund with account number AP/24604/10. The clerk of the opposite party no.4 without informing the complainant furnished the age particulars of the complainant to the opposite parties no.1 to 3. On coming to know of the same the complainant submitted representation to the opposite party no.4 along with the medical certificate as per rule 9 of A.P.S.E. Act showing his age as 45 years to the opposite parties no.1to 3.. The complainant is an illiterate. The opposite party no.4 has submitted the same along with the nomination and declaration form . On 4-07-1996 the complainant made a complaint to the oppo...

B.S.N. Joshi and Sons Ltd., Rep.by Mr.K.A.Swamy, Branch Manager Vs. M/ ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Sri R.Laxminarasimha Rao, Honble Member) The complaint is filed u/Sec 17 (a)(i) of the C.P Act against M/s Kotak Mahendra Bank Ltd., praying for a direction for payment of Rs.26,18,604/- towards the cost of four vehicles along with interest at the rate of 12% p.a , Rs.2,500/- per vehicle per day from 20th September, 2006 towards damages and Rs.5,00,000/- towards compensation for loss of reputation and costs. The averments of the complaint are that the complainant is a Company registered under the Companies Act and carrying on its business on imports, exports, transportation etc., In the course of their business the complainant entered into a loan agreement with the opposite party Bank for purchase of four vehicles under hire purchase scheme as mentioned in para 3 of the complaint. The loan amount was repayable in 47 installments of Rs.1,20,000/- commencing from 10.12.2004 to 10.10.2008. The complainant executed the loan agreement along with blank dated cheques and subm...

The Branch Manager, Lic of India, Career Agents Unit and Another Vs. K ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) The opposite party is the appellant. This appeal is directed against the order dated 3rd day of April,2006 passed by the District Forum-II, Krishna in C.D.No. 9 of 2005 whereby the appellant was directed to pay the sum assured of Rs, 10 lakhs along with interest @7.5%, Rs.5,000/- towards damages and Rs.2,000/- towards costs. Briefly stated the material facts giving rise to the appeal are: The husband of the 1st complainant obtained insurance policy under Jeevan Anand scheme for a sum of Rs.10,00,000/- commencing from 20th day of August,2003 on quarterly premium payable Rs.22,731/. The insured paid the 1st quarterly premium on 30th September,2003. The policy was issued by the opposite party after accepting the proposal and after the relevant formalities including the examination of the insured by their panel doctor were completed. The first complainants husband appointed their daughter, the second complainant as his nominee for the purp...

G. Sudershan Seed Certification Officer, Nizamabad Vs. Dr.G. Madhusudh ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R.Lakshminarsimha Rao, Member) The unsuccessful complainant filed the appeal challenging the order of the District Forum, Nizamabad in C.D.No. 349 of 1995. The complainant, a seed certification officer approached the respondent no.1 on 15th February,1995 with complaint of mild weakness and loss of sensation in his right hand. The complainant paid fee an amount of Rs.50/- for which the first respondent had not issued any receipt. The respondent no.1 advised for blood test and urine test and after getting the tests conducted, the respondent no.1 prescribed some medicines. Even after the course of the prescribed medicine, there was no change in the condition of the appellant. The appellant lost sensation in his both hands and legs. On 16th February, 1995 the appellant consulted again the respondent no.1 who prescribed some other medicine which did not yield any result. Loss of sensation had spread to chest and other parts of the body of the appellant. The appellant con...

Government of Andhra Pradesh Rep. by Its Prl. Secretary, School Educat ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT499

ORDERVilas V. Afzulpurkar, J.1. WP. No. 23391 of 2009 is filed by the State - respondents 1 to 4 in O.A. No. 10431 of 2008 and is directed against the interim order of suspension of G.O.Ms. No. 158 School Education (SER.V) Department dated 02.12.2008 ordered by the Andhra Pradesh Administrative Tribunal. The other batch of cases is also related to the same or similar issue arising under different OA's.2. For the sake of convenience, the facts in WP. No. 23391 of 2009 are being referred to for consideration of this entire batch of cases. It is already noticed that this writ petition is directed against an interim order and in normal course we would not have entertained the writ petition but for the circumstances that the Andhra Pradesh Administrative Tribunal is unable to take up and decide the OA as well as the vacate petitions moved therein by the State on account of circumstances beyond it's control. Para 30 of the affidavit filed by the State in support of this writ petition gives t...

Narayanam Appalaraju Vs. the Peerless General Finance and Investment C ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Sri K.Satyanand,Honble Member) This is an appeal filed by the unsuccessful complainant, the husband of the insured, who since died and his L.Rs. came to be brought on record, aggrieved by the order of the District Forum dismissing the complaint on two grounds to the effect that the complaint was barred by limitation as viewed in the light of the provisions contained in Section 24-A of the Consumer Protection Act, 1986 and also on the ground that the District Forum lacks territorial jurisdiction in as much as both the opposite parties remained outside its territorial limits. The facts of the case are briefly as follows: The complainant was the husband of Suvarna Mala, who made fixed deposit of Rs.15,000/- with first opposite party for three years with free critical illness insurance cover. The insured suffered accidental injury leading to loss of four fingers of left leg. The insured underwent treatment in Care Hospital, Visakhapatnam from 12-1-2004 to 21-2-2004 and incu...

Spa Agencies [India] Private Limited Rep. by Its Managing Director Vs. ...

Court: Andhra Pradesh

Reported in: 2010(1)ALT418

1. This appeal under Section 37 of Arbitration and Conciliation Act, 1996 (A&C; Act, for short), involves an interesting question regarding the power of Civil Court under Section 9 of A&C; Act to pass orders as an interim measure during arbitral proceedings when arbitral tribunal has already passed an order in respect of subject matter of the dispute.2. The appellant herein, namely, M/s. SPA Agencies (India) Private Limited (hereafter, SPA) is an incorporated entity engaged in the business of distributor/agency of various artefacts, porcelain and glassware manufactured by Villeroy and Boch. To open their showroom in Hyderabad, they took three shops bearing door Nos.6-3-680/B/1, 2 and 3, forming part of premises bearing No. 6-3-680/B admeasuring 1020 Sq.yards (hereafter, petition schedule premises). It is a double storeyed building situated in Punjagutta road, Hyderabad. Respondent, namely, Harish Rawtani, entered into three franchise agreements with SPA on 15.5.2006. As stipulated ther...

Smt. Uppalapati Rajani Vs. the Asst. Manager (Claims) Max New York Ins ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is a complaint filed against the insurance company for payment of Rs. 25 lakhs covered under the policy together with compensation and costs. 2) The case of the complainant in brief is that she is the wife of insured late Uppalapati Venkateswara Rao who had taken insurance policy for Rs. 25 lakhs commencing from 28.5.2004 wherein she was the nominee. The maturity of the policy is either on the date of maturity or on the date of death of the insured whichever is earlier. While so, her husband paid premium due on 28.5.2006 for an amount of Rs. 26,0000/- by way of demand draft (DD) Dt. 7.7.2006 submitted in the office of opposite party No. 2 on 11.7.2006 and the same was acknowledged by the officer. The said amount was also encashed. While so, the insured died on 12.7.2006. When the claim was made it was repudiated on the ground that the policy was reinstated on 14.7.2006 viz., after the death of the insured by enclosing a c...