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Andhra Pradesh Court January 2010 Judgments

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Jan 18 2010

D.Venkata Subbaiah Vs. Gold Fields and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

Oral Order: R. Lakshminarsimha Rao, Member: The complaint is filed seeking direction to the opposite parties no.1 to 3 to replace the JCB Proclainer or in the alternative to refund the amount of Rs.29,59,000/- together with interest @ 24% per annum and Rs.5 lakhs towards mental agony as also a sum of Rs.25,000/- towards costs. The averments of the complaint are that the complainant on 3.5.2007 purchased JCB Proclainer machine from the opposite party no.2 under hire purchase agreement from M/s Sree Infrastructure Finance Limited Nellore. The complainant has paid margin money o 20% of the cost of proclainer and taken the finance for 80% of the cost. The cost of the proclainer is Rs.20,59,000/-. The proclainer was manufactured by the opposite party no.3. The opposite party no.2 delivered the proclainer to the complainant along with initial certificate of fitness on 20.4.2007 and provided a warranty for a period of 12 months or for 2000 hours whichever occurs earlier after the date of the ...


Jan 18 2010

General Secretary, National Union of Sea, Farers of India, Nusi Bhavan ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

(Sri K. Satyanand,Honble Member) This is an appeal filed by the opposite parties against whom the District Forum passed an order imposing liability to pay the amount claimed by the complainant along with costs and other benefits. The facts of the case are briefly as follows: The complainant, a sea farer, was a bonafide member of the opposite party No.1 association and served the ship C.V.Raman as his last voyage and signed off the said ship on 12-6-2002. As the complainant was suffering from kneecap disease, he underwent treatment till 20-11-2002 and as he was not fit for sea service, he tendered his voluntary retirement on 03-12-2002 by enclosing medical certificate which was accepted by the Director, S.C.O., Mumbai dated 4-12-2002. The complainant submitted that first opposite party issued guarantee Life Time Security which was made applicable from 01-4-2002 to 31-3-2004 and the complainant came to know of the said information in Mumbai. It is the case of the complainant that if the ...


Jan 18 2010

State Bank of Hyderabad Z.B. Branch, Khammam, Rep. by Its Branch Manag ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

(Sri K. Satyanand, Honble Member) This is an appeal filed by the opposite party against which the Forum passed an order imposing liability. The facts that led to filing this appeal are briefly as follows: The complainant, a Government Teacher, opened a savings Bank account bearing A/c.No.62096853456 on 7-5-2009 with opposite party bank. He submitted that on 7-5-2009 the Salary Disbursing Officer of Z.P.S. school Jalagam Nagar, Khammam District deposited a cheque bearing No771461 for an amount of Rs.50,916/- in S.B.H. Try Branch Khammam-950 for the credit of the complainant towards salary for three months and the same was credited in the account of the complainant as balance available. The complainant submitted that he wanted to incur the said amount for treatment of his father and presented withdrawal slip but the opposite party returned the withdrawal slip on the ground that they withheld the account as per the instructions of higher authorities. The authorities of Gandhi chowk order...


Jan 18 2010

M/S Siddhanth Trade Finance Corporation Rep. by Its Proprietor, Sri Su ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

Oral Order ( As per R. Lakshminarsimha Rao, Member) The complainant is the appellant. The appeal is challenge to the order of the District Forum-II, Hyderabad in C.D.No.244 of 2005. Briefly stated the facts of the case are that the appellant purchased an auto bearing registration No.A.P.11V 7828 under hire purchase scheme and insured the vehicle with the respondents. Theft of vehicle was caused 19.7.2002 subsequently to which the appellant has lodged theft claim for his autoriskshaw. The claim was not settled by the respondent. The owner of the vehicle has subrogated all the rights to the appellant. The appellant had submitted a representation to the respondents seeking payment of the claim amount. The respondent have not settled the claim. On 24.1.2002 the appellant got insured the vehicle with the respondent no.2 by its owner Mohd. Azam Hussain. The development officer of the respondents namely, Suresh Kumar had received the premium a sum of Rs.978/- and issued the cover note beari...


Jan 18 2010

Laxmi College of Nursing, Represented by Managing Director Vs. D. Bles ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

Oral Order: Smt M. Shreesha, Member: Aggrieved by the order in C.C.No.797/2006 on the file of District Forum-II, Hyderabad, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant was allotted a seat under Government quota in opposite party college during the academic year 2005-06 to study B.Sc. nursing course which is for four years and she paid part of the admission fee of Rs.27,500/- to the opposite party on 22.8.2005. The complainant submits that the opposite party collected an amount of Rs.8,640/- towards extra charges and did not issue any receipt and in all the opposite party collected an amount of Rs.36,140/- from the complainant and thereafter the complainant got a seat in B.Sc (Nursing) NIMS Hospital , Punjagutta, Hyderabd and she requested the opposite party college authorities to refund the amount which she paid along with original certificates. The complainant addressed a letter dt.17.9.2005 to the opposite party to r...


Jan 18 2010

Smt.Kanisetty Lakshmi Devi Peapully Mandal, Kurnool District Vs. the S ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

K. Satyanand,Honble Member This is an appeal filed by the unsuccessful complainant assailing the order of the District Forum which dismissed her complaint solely on the ground of limitation. The facts that led to filing this appeal are briefly as follows: The complainant is the wife of late Kamisetty Rangaswamy. On 28-11-2000, the said Rangaswamy met with an accident in which he was electrocuted. Soon he succumbed to the said injury in the accident while he was being taken to the hospital. The police registered a crime under Section 174 Cr.P.C. on 29-11-2000. Later the case was closed. It seems during his life time the said Rangaswamy being a member of opposite party No.1 society borrowed a loan and in that connection he also paid an amount of Rs.21/- as premium for accidental death benefit insurance policy. The risk was covered for the year 2000-2001. It is opposite party no.2 that issued the said policy. Thus the said policy was in force by the date of his death. Immediately after th...


Jan 18 2010

Life Insurance Corporation of India Reptd. by Its Branch Manager City ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

Sri K. Satyanand,Honble Member This is an appeal filed by the opposite party against which the Forum passed an order imposing liability. The facts that led to filing this appeal are briefly as follows: The complainants are the minor children of the deceased Smt.Basa Rajeswari Reddy W/o.late B.S.N.Reddy. The insured, Smt.Rajeswari Reddy, had taken a policy with opposite party for an amount of Rs.1,00,000/- under policy bearing No.69315435 together with accrued benefits and the premium amounts were paid from to time and the policy was renewed and revived and as such the policy was in force. The insured died on 19-11-2002 and the complainants lodged a claim with the opposite party but the opposite party repudiated the claim on the ground of suppression of material facts at the time of revival of the policy. The opposite party referred the claim to Insurance Ombudsman for its intervention but the Ombudsman did not consider the claim. It is the case of the complainants that the cause of de...


Jan 18 2010

The Branch Manager, Canara Bank, Banjara Hills Branch, Banjara Hills, ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

(Sri K. Satyanand,Honble Member) This is an appeal filed by the opposite party against which the District Forum imposed liability as prayed for by the complainant. The facts that led to filing this appeal are briefly as follows: The complainant is the GPA holder of Kum.L.K.Neena Rani, who received a D.D. dated 4-3-2003 from Mr.MOhd.Akbar towards final settlement in a civil suit pending on the file of VIII Fast Tract Court, Hyderabad and R.C.No.350/2000 on the file of II A.R.C. Hyderabad on 5-3.2003. It was submitted that the said D.D. for Rs.2,00,000/- was presented before Vijaya Bank on 3-9-2003 and the same was sent to opposite party bank for collection but the opposite party bank returned the D.D. with an endorsement stale cheque. It is the case of the complainant that the opposite party did not honor the D.D. as it was presented on the last day of its validity and came for collection on the next day by which date it became stale. The complainant submitted that as per Ex.A14 certifi...


Jan 18 2010

The Managing Director M/S Eicher Motors and Another Vs. Consumer Guida ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

Oral Order ( As per R. Lakshminarsimha Rao, Member) The appeal is challenge to the order of the District Forum-II, Vijayawada at Krishna in C.C.No.54 of 2006. The facts of the case are as follows: The respondent purchased a new school bus bearing model No.8040104, 10.75FRHD 3760 W.B. on 10.06.2005 from the appellant no.2 for a sale consideration of Rs.9 lakhs by availing financial assistance from M/s Kothak Mahindra Bank Limited Vijayawada. At the time of the delivery of the vehicle, the respondent noticed that the vehicle had already run a mileage of 4642 km and due to which the respondent expressed reluctance to accept and take the delivery of the vehicle. The appellant no.2 persuaded the respondent to take the delivery of the vehicle as it was a defect free vehicle. Within a short period after the vehicle was put into usage, a series of defects posed which include the problems of brake operation system, unusual heating of drums, housing bend and unreasonable wear and tear of all the...


Jan 18 2010

The Managing Director, Sri Chaitanya Educational Institution and Anoth ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2010

Oral Order: (Per Honble Justice D. Appa Rao, President) 1 This is an appeal preferred by the opposite party, an educational institution, against the order of the Dist. Forum directing it to pay Rs. 10,000/- towards compensation and Rs. 1,000/- towards costs. 2) The case of the complainant in brief is that she joined in the appellant college during the academic year 2005-2006 for Intermediate course. The institution promised to provide IIT coaching at Mehidipatnam branch. It promised that it would provide all the required facilities and staff for imparting IIT coaching till the completion of the course at Mehidipatnam branch only. However, it failed to provide adequate staff and other facilities. After completion of first year it had suddenly shifted the coaching centre from Mehidipatnam to Srinagar Colony without informing her or her parents. She suffered lot of inconvenience and hardship while travelling from one place to another. She could not meet the expenses nor could concentrat...


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