Andhra Pradesh Court August 2009 Judgments

Potnuru Venkata Rama Rao Vs. Reliance Infocomm Services, Rep. by Chair ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.40/2004 on the file of District Forum, Srikakulam the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant is a Development Officer in United India Insurance Company Ltd., Srikakulam . The complainant applied for a cell phone connection of the opposite party attracted by the package offer namely Dheerubai Ambani Pioneer Offer introduced by the opposite parties and paid an amount of Rs.5000/- by way demand draft and also submitted 12 post dated cheques of Rs.1,800/- each in favour of the opposite parties for which the opposite parties issued a receipt-cum -acknowledgement dt.3.3.2003 and assured the complainant that the cell phone connection with handset will be given within one month time through fourth opp.party. Inspite of several requests the opposite parties failed to deliver the cell phone handset. Hence the complainant through letter dt.1.12.2003 re...

Jaya Enterprises, Rep. by Its Managing Partner K. Babu Rao and Others ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

ORAL ORDER: (Per Sri K. Satyanand, Hon'ble Member .) This is an unusual appeal filed against two orders in two interlocutory applications arising out of an Execution Petition 12/2005 in Consumer Complaint No.115/2005 on the file of District Forum, Prakasam at Ongole. The appeal is characterized as unusual as it makes a departure from the time tested practice of filing revisions only against interlocutory orders as the device of appeal is set apart by force of practice only for assailing the final orders passed by the District Forum in the Consumer Complaints invoking the jurisdiction under Section 15 of the Consumer Protection Act. Be that as it may, this litigation exemplifies the ease with which the abuse of process of law can be carried on to its extremities threatening the very fabric of rule of law. The brief history and the current facts of this matter the proper appreciation of which is essential for rescuing the issues from the mire of total confusion are narrated below: The fi...

Baby Rowthu Leela Prasanna and Another Vs. M/S. Kiran Krishna Agro-tec ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Smt M. Shreesha, Honble Member) F.A.No.823 of 2007: Aggrieved by the order in C.C.No150/07 on the file of District Forum-II, Visakhapatnam, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant is a minor and is represented by her father who joined as a member in a scheme floated by the opposite parties known as Kiran Krishna Agro Tech Limited on 17.5.1997 and deposited a sum of Rs.5,000/- through an application bearing no.906 and the opp.parties have issued a bond on 19.6.1997, its maturity value of being Rs.1,75,000/- and date of maturity 17.11.2014 and also promised to pay the maturity value as on the date of its maturity. The opposite parties discontinued the scheme and fixed redemption amount and promised to pay the same at later date and on its failure agreed to pay interest at 16% p.a. The opposite parties refused to make payment on one pretext or the other and finally made a publication in Enadu Telugu News ...

Manoj JaIn Vs. Vamsi Constructions Pvt. Ltd.Rep. by Its M.D. V.V. Durg ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (Per Honble Sri K. SATYANAND, MEMBER) This is an appeal filed by the unsuccessful complainant before the District Forum-II, Hyderabad in C.D.No.146/2001 filed on 29-1-2001. The facts that led to filing this appeal are briefly as follows; The complainant purchased a flat from the opposite party, developer, by virtue of an agreement of sale dated 2-6-1997 with a plinth area of 1897 sq. ft. along with 1000 sq. ft. of open area presently flat No.607 ( at that time flat No.509) for a consideration of Rs.16,12,450/- along with an undivided share of land admeasuring 64 sq. yds as also a car parking lot in the project called Vamsi Paradise developed by the opposite party. The opposite party agreed to hand over possession of the said flat on or before 30-10-1998. Accordingly opposite party received advance amount or part of sale consideration but eventually violated the conditions under the agreement. He did not hand over the flat to the complainant within the stipulated time. The co...

Southern Transport Company, (a Unit of Southern Packers and Movers) Re ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order: (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.312/2007 on the file of District Forum-1, Visakhapatnam, opposite parties preferred this appeal. The brief facts of the case are as follows: The complainant is a permanent resident of Visakhapatnam and working as Lead Engineer in HCL at Noida, near Delhi and he was transferred to Chennai. Opposite parties 1 and 2 are branch office at New Delhi and Head office at Mumbai respectively involved in the transport business for transport of goods and house hold articles from place to place within India and the third opposite party is authorized to deliver the goods on behalf of opp.parties 1 and 2. The complainant approached the first opp.party and requested to transport the entire house hold articles to Visakhapatnam and paid Rs.8,000/- towards transport charges. The opposite party no.1 packed all the house hold articles of complainant in 8 cartons and booked the consignment on 18.1.2007 under consignment note ...

Gammon India Ltd., Rep., by Its Power of Atorney, Mr. T.K. Srinivasa C ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT509

C.V. Nagarjuna Reddy, J.1. These Writ Petitions raise identical issues of fact and law. Therefore, they are heard and being disposed of by this common judgment.2. In all these writ petitions, the petitioners have called in question the legality and propriety of the action of the respondents in seeking to apply Memo No. 5217/Reforms/06, dated 23.02.2006 pertaining to collection of EMD, retention amount and its release.3. Barring the dates, the value and the nature of the contract works, the facts in broader sense are similar to each other in all these cases. The petitioners are engineering contractors registered with the Government of A.P. and carrying on works in various departments. Each of these petitioners was awarded with contract works through tender process. Agreements were entered into on behalf of the Government of A.P. by the respective departments, which entrusted the works to the petitioners prior to 23.02.2006, on which date the abovementioned Memo was issued by the State G...

M. Chalapati Rao Vs. High Court of Andhra Pradesh Rep. by Registrar Ge ...

Court: Andhra Pradesh

Reported in: 2009(6)ALT501

ORDERGhulam Mohammed, J.1. Aggrieved by the orders of the 1st respondent in not correcting the records of the 1st respondent, insofar as the date of birth of the petitioner is concerned, in conformity with the service register of the petitioner, the present writ petition has been filed.2. The petitioner is now in the rank of Additional District and Sessions Judge. Pursuant to the notification issued by the Andhra Pradesh Public Service Commission for direct recruitment to the posts of District Munsif, (Junior Civil Judge), the petitioner was selected and appointed as District Munsif vide G.O.Ms. No. 68 dated 23-2-1987 and that the petitioner was posted as II Additional District Munsif, Machilipatnam and assumed charge as such on 1-4-1987. According to the petitioner, at the time of submission of applications, in the year 1986, he mentioned his date of birth as 20-6-1950 in the application form submitted to the A.P. Public Service Commission, since at that time the University certificat...

S. Mohan Singh Vs. Bhairavi Matha Temple and ors.

Court: Andhra Pradesh

Reported in: 2010(1)ALT200

L. Narasimha Reddy, J.1. A Trustee of Bhairavi Matha Temple, the 1st respondent herein filed O.A. No. 101 of 2001 before the Deputy Commissioner of Endowment, Hyderabad, against the appellant, under Section 83 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short the Act) for eviction from the schedule property. It was alleged that the temple is situated in an extent of 632 sq.mts in T.S. No. 60, Ward No. 45, Block L, Goshamahal, Hyderabad and that the appellant had encroached premises bearing No. 14-3-68 and 69 in an extent of 133.3 sq. yards, with structures thereon. The appellant contested that O.A and he pleaded that the premises under his occupation are those with house No. 14-3-67 and that they have been purchased by his wife through a sale deed dated 31-9-1992 from one Sri Subhas Tiwari. The said Tiwari in turn is alleged to have purchased it from Ram Singh in the year 1988 and latter, from Rani Bai in the year 1955/The Deputy Comm...

P. Ravinder Vs. Manohar Reddy

Court: Andhra Pradesh

Reported in: 2010(1)ALT365

ORDERL. Narasimha Reddy, J.1. The petitioner was the Managing Director of a Company, by name, M/s. Ekashila Builders Private Limited, Nizamabad (for short 'the Company'). That company raised loan of Rs. 1,50,000/- from the respondent, and the same was secured by mortgage of a flat, at Pragathinagar, Nizamabad. Alleging that the Company did not pay the amount, the respondent filed O.S. No. 115 of 1999 in the Court of Senior Civil Judge, Nizamabad, for a mortgage decree. The trial Court passed a preliminary decree on 10-03-2000. This was followed by a final decree on 13-12-2000, paving the way for sale of the mortgaged property.2. The respondent filed E.P. No. 6 of 2003 against the petitioner, individually. Through its order dated 03-02-2000, the Executing Court attached a portion of the salary of the petitioner, to the extent of Rs. 3,000/- per month. Three years thereafter, the petitioner filed E.A. No. 52 of 2006, with a prayer to raise the attachment of his salary. The E.A. was oppos...

Chukka Venkataswami and Another Vs. Life Insurance Corporation of Indi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Common Oral Order (Per Smt.M. Shreesha, Honble Member ) 1. Aggrieved by the orders of the District Consumer Forum, Kadapa in CC.No.73/2008 and CC.No.74/2008 both dated 21.11.2008, the complainants preferred FA.No.1683/2008 and FA.No.1684/2008 respectively. . 2. The brief facts of the complaints are that complainants brother viz. Chukka Ramanaiah took Jeeven Mitra (triple cover endowment plan) with profits (with accident benefits) policies bearing Nos.653531525 and 653670749 each for Rs.2,00,000/- for 25 years commenced on 28.10.2004 and 25.02.2005 with annual premium of Rs.9,141/- for the first policy and half yearly premium of Rs.4,736/- for the second policy by nominating the complainants as his nominees. Chukka Ramanaiah paid only one instalment of premium. The life assured was murdered on 16.08.2005 and a case was registered as Cr.No.37/2005. When the complainants approached the opposite parties to settle their claims, they issued letters both dt.26.12.2007 repudiating their claim ...