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Andhra Pradesh Court January 2010 Judgments

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Jan 21 2010

B. Krishnamurthy Vs. Multi Super Specialty Dental Hospital, Rep. by It ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-21-2010

Oral Order (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.C.No.17/2007 on the file of District Forum-II, Tirupati, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainants wife Smt.Santhi Priya aged 53 years and a known diabetic was suffering from pain in the upper right back teeth for some days and on 21.9.2006 she consulted opposite party no.2 who is the Proprietor of opposite party no.1 hospital and she was treated as an out patient. Opposite party no.2 extracted two teeth in upper right back portion of the patient and the complainant submits that no consent was taken to administer anesthesia and she was also not informed of the risks. The opposite party no.2 also did not take into consideration her previous history and did not undertake any tests to check the sugar levels in her body when the patient was a known chronic diabetic. The patient developed complications of swelling in the right cheek and pain in jaw ...


Jan 21 2010

G. Ravindra Reddy Vs. Dr. Byna Mohan Babu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-21-2010

Oral Order (Per Smt M.Shreesha, Honble Member) Aggrieved by the order in C.D.No.222/2003 on the file of District Forum, Nellore, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant admitted his son aged 13 years studying 9th class on 13.8.2003 at about 9 a.m. for treatment of diarrhea in the dispensary run by the opposite party as boy was suffering from loose motions. The complainant submits that without undertaking any tests, six saline bottles were introduced to the body of the patient from 9 a.m. to 6 p.m. and the boy continued to suffer from diarrhea and at 7 a.m. the next day the introduction of saline was discontinued and tablets BACIP 250 mg., Sestill Flagy and Pacitam 2 were prescribed and they were being given from time to time . Even then the patient continued to have diarrhea. The opposite party did not choose to conduct the necessary tests to diagnose the actual disease. At about 1 p.m. the patient had 104 temperature...


Jan 20 2010

Mubarak Industries, rep. by Its Managing Partner Vs. Employees' Provid ...

Court: Andhra Pradesh

Decided on: Jan-20-2010

Reported in: 2010(2)ALT29

ORDERGopala Krishna Tamada, J.1. The petitioner-industry is an establishment covered under the provisions of the Employees' Provident Fund and Miscellaneous Act, 1952. According to the petitioner, as the contributions and administrative charges etc. of its employees have not been remitted for the period from April 1995 to June 2000, an assessment order, dated 25-05-2001, was passed by the 2nd respondent-Assistant Provident Fund Commissioner, Hyderabad, fixing the due amount at Rs. 5,19,381/- and directed the petitioner to pay the said amount within a period of ten days. However, as the petitioner did not pay the same, the recovery proceedings have been initiated by the 2nd respondent on 07-01-2002. Questioning the assessment order and the recovery proceedings, the petitioner approached the appellate authority i.e. 1st respondent-Employees' Provident Fund Appellate Tribunal, New Delhi, and filed an appeal in A.T.A. No. 494 (1) of 2001. The 1st respondent-Tribunal dismissed the said appe...


Jan 20 2010

Dr.V. Bhoom Reddy Vs. Dugyala Prabhakar Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2010

Oral Order (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.40/1999 on the file of District Forum, Karimnagar, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainants wife suffered with uterus cancer in the month of June,1995 and was operated in Raja Rajeshwari Nursing Home by Dr.Hemavathi and after the operation she underwent Chemotherapy and Radiation treatment in BIBI Cancer Hospital, Hyderabad. Thereafter she was healthy for a period of 1 years and when she developed stomach ache she was shown to several doctors who diagnosed it as gastric trouble. Later on, her uterus was removed and radiation treatment was given but she once again developed stomach pain and she went to the opposite party hospital on 12.10.1997. Tests were conducted on 14.10.1997 and the opposite party informed the complainant that there was an irregular shaped dot which has to be removed and asked the complainant to arrange for Rs.20,0...


Jan 20 2010

The Branch Manger, the Nellore District Co-operative Central Bank Ltd, ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) This appeal is directed against the impugned order dated 15.4.2006 passed by District Forum, Nellore in CD 44/2005 allowing the claim for payment of Rs.1,30,000 with interest there on from 18.11.2004 against Opposite party No. 1 till date of realization. Aggrieved by the said order this appeal is filed questioning the legality and propriety of it. According to the complainant he opened SB Account with OP 1 Bank. that a cheque dated 2.11.2004 issued by one V. Parandhama Reddy in favour of the complainant for Rs.1,30,000/- dated 2.11.2004 drawn on Andhra Bank, Sulurpet Branch, Nellore District, was presented with Opposite party No. 1 Bank for collection and crediting into his account and the same was sent to Sulurpet Branch of Nellore District Co-operative Central Bank Limited ( OP.3) on 8.11.2004 for collection. Subsequently OP 1 and 3 failed to respond about the amount covered by the said cheque. A legal notice dated 18.11.2003 w...


Jan 20 2010

Konakanchi Madhu Vs. the Chairman, Shriram Group Companies and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2010

(Typed to the dictation of Sri K.Satyanand,Honble Member) This is a consumer complaint filed by a subscriber of chit against the chit fund company represented by opposite parties 1 to 4 being the functionaries at various levels and the State of Andhra Pradesh in control of chits represented by opposite parties 5 to 7 of different functional designations. The case of the complainant stated briefly is as follows: It seems he joined Sri Ram Chits Private Limited Kodada branch as a chit subscriber with ticket no.25 (usually called as KDLC 5/25) covered by byelaw group 166/2003-2004. Sri Ram Chits Private Limited is a company registered under the Companies Act, 1956. The complainant claimed to have paid a sum of Rs.1,88,015/- towards his chit account by way of subscription. He was a non prized chit holder valued Rs.10,000/-per month spread over 50 months of a chit with a face value of Rs.5 lakhs. He claimed to have joined the chit on 29-7-2003 and paid the last subscription on 27-4-2006. T...


Jan 19 2010

B. Viswanatha Reddy S/O. Narayana Reddy Vs. Andhra Pragathi Grameena B ...

Court: Andhra Pradesh

Decided on: Jan-19-2010

Reported in: 2010(2)ALT217

ORDERG. Rohini, J.1. The petitioner herein is working as Clerk-cum-Cashier in the 1st respondent Bank at Kalasamudram Branch. By order dated 17.01.2008 passed by the 2nd respondent, the petitioner was placed under suspension pending enquiry into the alleged serious irregularities committed by him at Kalasamudram Branch. Subsequently, a charge-sheet dated 1.3.2008 was issued by the 2nd respondent proposing to initiate disciplinary action against the petitioner under Regulation 38(ii) of Andhra Pragati Grameena Bank (Officers and Employees) Service Regulations, 2006. The petitioner submitted his written statement of defence denying the allegations levelled in the charge-sheet. Thereafter, an Enquiry Officer has been appointed to enquire into the allegations in the charge-sheet and while the enquiry is under progress, the present writ petition has been filed seeking a declaration that the said enquiry is arbitrary, illegal and violative of the principles of natural justice on the ground o...


Jan 19 2010

Devarakonda Sri Lakshmi Vs. Government of A.P., Rep. by Principal Secr ...

Court: Andhra Pradesh

Decided on: Jan-19-2010

Reported in: 2010(2)ALT212

ORDERG. Rohini, J.1. The petitioner herein was appointed as a Library Assistant in Sports Authority of A.P. on consolidated pay of Rs. 750/- per month vide proceedings of the 2nd respondent dated 23.3.1988. Subsequently, she was extended the scale of pay of Rs. 910-30-1240-35-1625 w.e.f. 1.9.1992 in the post of Library Assistant. On 22.9.1997 she was promoted as Senior Assistant and ultimately retired from service on attaining the age of superannuation on 30.11.1997.2. Aggrieved by the alleged action of the respondents in not extending the retirement benefits, including pension, she filed W.P. No. 5365 of 2003. The said writ petition was disposed of by this Court by order dated 28.03.2003 with a direction to the Sports Authority of A.P. to pass appropriate orders with regard to the claim of the petitioner for retirement benefits. Pursuant thereto, the 2nd respondent vide memo dated 30.06.2003 informed the petitioner that since she had rendered less than the prescribed qualifying servic...


Jan 19 2010

M/S. RaIn Industries Ltd, Rep. by Its Authorized Signatory Sri C.H. Kr ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-19-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) Vide impugned order dated 17th November, 2006 passed by the District Forum III, Hyderabad in CD. No. 295/2006 dismissing the claim filed against the respondents/OPs to direct payment of Rs.2,40,034/- with compensation of Rs.one lakh has been challenged on the ground that 16 Plate carrier frames which were purchased from OP 1 were consigned through OP 2 carrier but at the time of delivery only 15 frames were delivered instead of 16 frames and that two moveable frames were delivered in damaged condition for which Ops 1 and 2 are liable to compensate the loss for its value and also to pay compensation. The facts of the case are that the complainant had placed a purchase order with OP 1 for supplying Plate carrier frames 16 in number for Rs.4,00,140/- on 10.3.2005 and the said purchase order was acknowledged. The OP 1 had acknowledged the purchase order on 28.1.2005 and the consignment was entrusted to OP 2 for delivery at Hyderabad....


Jan 19 2010

Kodali Venkateswara Rao Vs. Saumya Medicare International Ltd Rep. by ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-19-2010

The appellant is the unsuccessful complainant in CD 64/2003 before the District Forum, Guntur, where under, compensation was claimed under different heads to a tune of Rs.8,71,760/- from OP 1 hospital on the ground of medical negligence in performing Bypass surgery on 27.3.2002 and while conducting the operation the doctor had operated only one artery instead of three arteries as assured and the remaining arteries were substituted by Angio Patch Plasty as result of which he had to again undergo Bypass surgery in OP 2 hospital incurring huge expenditure as such the act or omission amounts to deficiency in service. The impugned order of dismissal of the complaint is assailed as erroneous and sought to be set aside. According to the complainant on 23.2.2002 he felt pain in heart so he consulted a private doctor who had taken ECG and advised him to consult cardiologist so he immediately joined as in patient in OPs hospital where after conducing clinical tests he was advised to undergo Angi...


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