Andhra Pradesh Court February 2010 Judgments

Lekkala China Masthan Naidu and ors. Vs. Meda Sarvani and anr.

Court: Andhra Pradesh

Reported in: 2010(3)ALT109

ORDERC.V. Ramulu, J.1. This Civil Revision Petition under Article 227 of the Constitution of India is filed, questioning the order dated 31-7-2009 made in I.A. No. 119 of 2009 in O.S. No. 234 of 2008, on the file of the learned Senior Civil Judge, Gudur, Nellore district, whereunder the application filed under Order I Rule 10(2) read with Section 151 of Civil Procedure Code, seeking to add the first respondent as party defendant to the suit, was allowed.2. Petitioners are plaintiffs and second respondent is defendant in the suit O.S. No. 234 of 2008. First respondent is third party to the suit. Petitioners laid the above suit for specific performance of Agreement of Sale dated 2-8-1989 purported to have been executed by second respondent. The said suit is pending and during the pendency of suit, first respondent filed the present LA. under Order 1 Rule 10(2) of CPC to add her as defendant to the suit. Petitioners resisted the same. After a detailed consideration of the arguments on bot...

Janachaitanya Housing Pvt. Ltd Vs. Vijayalakshmi Nair

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order (As per R.Lakshminarsimha Rao, Member) The opposite parties are the appellants. The appeal is challenge to the order passed by the District forum-I, Visakhapatnam in C.D.No.1101 of 2004. Briefly stated the facts of the case as represented by the complainant are that the complainant has joined the two ventures Saivijaya and Saiiswari of the opposite party agreeing to purchase an open plot admeasuring 406 sq.yards. The opposite party had issued passbooks bearing no.375 and 376 and allotted the plot bearing no.337 of Saivijaya Layout and executed an agreement of sale on 26.10.1993 in favour of the complainant. The rate of the plot was fixed at Rs.175/- per sq.yard. The husband of the complainant also joined as a member for purchasing a plot of house site of 200 sq.yds. He was issued passbooks bearing No.165 and 166. As there was no development in the two layouts, the complainants approached the opposite party on 19.8.1996 and as a result of discussion the opposite party addre...

icici Bank Ltd., Rep. by Its Managing Director Through the Branch Mana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R. Lakshminarsimha Rao, Member) The opposite party is the appellant. The appeal is filed against the order of the District Forum in C.D.No. 449 of 2005 whereby it was directed to pay an amount of Rs.10,000 towards compensation and a sum of Rs.1,000/- towards costs. The facts that led to filing of the appeal are that the Respondent is the account holder of the appellant bank with the account bearing number 631605006668. The respondent during the course of its business transactions issued a cheque bearing number 924329 dated 24th Janurary,2005 for an amount of Rs.50,000/- in favour of M/s Fab Trade Enterprises, Vishakapatnam and deposited on 24th January,2005 in the account of the drawee. The drawee of the cheque informed the respondent that the cheque was dishonoured. The respondent has good business dealings with the M/s Fab Trade Enterprises which were affected due to bouncing of the cheque. The appellant bank has not properly responded when the respondent enquired...

Sri Nuthigattu Trinadha Rao and Another Vs. M/S Srinivasa Residency Fl ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R. Lakshminarsimha Rao, Member) The appeal is challenge to the order of the District Forum-I, Vishakhapatnam in C.C.No. 522 of 2008. The facts of the case as represented by the respondent are that the respondent purchased flats from the appellant on financial assistance from a bank. The appellant collected amount towards service charges and additional work. The appellant delivered possession of the flat without completing the construction of the floor of the cellar and the compound wall. Subsequently the appellant had completed the floor of the cellar and failed to paint the walls of the lift and lay grilled frames on ducts. The respondent used substandard material for construction of the overhead tank due to which there was leakage of the water and consequently the cellar could not be used. The respondent sought direction to the appellant to pay an amount of Rs.2 lakh together with interest, compensation and costs. It was also prayed for a direction for constructio...

Sri Nuthigattu Trinadha Rao and Another Vs. M/S Srinivasa Residency Fl ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R. Lakshminarsimha Rao, Member) The appeal is challenge to the order of the District Forum-I, Vishakhapatnam in C.C.No. 522 of 2008. The facts of the case as represented by the respondent are that the respondent purchased flats from the appellant on financial assistance from a bank. The appellant collected amount towards service charges and additional work. The appellant delivered possession of the flat without completing the construction of the floor of the cellar and the compound wall. Subsequently the appellant had completed the floor of the cellar and failed to paint the walls of the lift and lay grilled frames on ducts. The respondent used substandard material for construction of the overhead tank due to which there was leakage of the water and consequently the cellar could not be used. The respondent sought direction to the appellant to pay an amount of Rs.2 lakh together with interest, compensation and costs. It was also prayed for a direction for constructio...

Dr. Seema Khanna Vs. Dr. C. Hemalatha Devi

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral order : ( as per Sri Syed Abdullah, Honble Member ) The revision petitioner is the complainant in CC 470/2008 before the District Forum II, Hyderabad and this revision petition is filed against the order dated 17.12.2009 passed in IA 211/2009 dismissing the petition filed U/s.13 (4 ) and (5) of the C. P. Act in which an appointment of an advocate commissioner was sought to record the cross examination of the witnesses Rws. 2 and 3 . The above said petition was opposed by the respondent raising the objection that the District Forum had passed order in IA 177/2009 and 131/2009 allowing the appointment of an advocate commissioner and fixed the payment of commissioners fee to enable the advocate Commissioner to execute the warrant but the petitioner had not paid the commissioners fees and that there was no representation on the date of hearing on 19.10.2009, so the said petitions were dismissed. In view of the dismissal and non compliance of the order it is not permissible to come for...

Chelakara Ramaswamy Vs. Eco Board Industries Limited, Rep. by Its Chie ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R. Lakshminarsimha Rao, Member) The unsuccessful complainant is the appellant. His grievance as reflected in the complaint is that for interior decoration of kitchen of his flat, he had, on reference by his friend Commander Satish Prasad, approached the third opposite party who after inspecting the kitchen entrusted the work to the fourth opposite party and promised the complainant that the fourth opposite party would carry out the interior decoration of the kitchen. The fourth opposite party prepared estimate on 22nd September 2009. The works were estimated, after giving the discount of 15%, at Rs.1,47,569/-. The fourth opposite party promised to complete the work by 10th October 2005 for the value of Rs.1,35,000/- and agreed to the amount of Rs.1,20,000/- in case there would be delay in execution of the work and the amount was payable in three stages, Rs.50,000/- prior to the date of commencement of work at the time of commencement of work and the balance after co...

icici Bank Ltd., Rep. by Its Managing Director Through the Branch Mana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Oral Order ( As per R. Lakshminarsimha Rao, Member) The opposite party is the appellant. The appeal is filed against the order of the District Forum in C.D.No. 449 of 2005 whereby it was directed to pay an amount of Rs.10,000 towards compensation and a sum of Rs.1,000/- towards costs. The facts that led to filing of the appeal are that the Respondent is the account holder of the appellant bank with the account bearing number 631605006668. The respondent during the course of its business transactions issued a cheque bearing number 924329 dated 24th Janurary,2005 for an amount of Rs.50,000/- in favour of M/s Fab Trade Enterprises, Vishakapatnam and deposited on 24th January,2005 in the account of the drawee. The drawee of the cheque informed the respondent that the cheque was dishonoured. The respondent has good business dealings with the M/s Fab Trade Enterprises which were affected due to bouncing of the cheque. The appellant bank has not properly responded when the respondent enquired...

Directorate General (Personnel), Military Engineering Service, E-in-C' ...

Court: Andhra Pradesh

Reported in: 2010(3)ALT207

ORDERGhulam Mohammed, J.1. This Writ Petition has been filed challenging the order dated 2.4.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 312 of 2007, wherein and whereby the Tribunal disposed of the matter by setting aside the order dated 27.10.2006 passed by the first respondent.2. O.A. No. 312 of 2007 was filed under Section 19 of the Administrative Tribunals Act 1985, seeking appointment of the son of the deceased Group D Mazdoor working in Garrison Engineer, Air Force Academy, Hyderabad, who expired on account of suicide due to mental illness in the Mental Hospital, Erragadda, leaving the widow, one son (viz., applicant herein) aged about 17 years and one daughter aged about 11 years at the time of his death. It is stated that the applicant submitted an application on 31.12.2001 seeking appointment of her son on compassionate grounds and the said application was processed by the respondents 2,3, and 5 and Board of Officers considered the case of...

Muppu Raju Lakshmi Vs. Andhra Pradesh State Wakf Board Rep. by Its Chi ...

Court: Andhra Pradesh

Reported in: 2010(3)ALT244

ORDERL. Narasimha Reddy, J.1. The petitioner states that she is the owner of 86.89 sq.yards of land, out of premises bearing No. 2/74, Kondapalli Village, Ibrahimpatnam Mandal, Krishna District. She purchased that property from Shaik Mastan Bee, through sale deed dated 04-05-2006. Mastan Bee, in turn, was gifted that property, by the original owner, Shaik Zalaha Bee.2. Alleging that the petitioner encroached into a Wakf property, proceedings were initiated against her, by the 1st respondent, under Section 54 of the Wakf Act, 1995 (for short 'the Act'). Requisition was given by the 1st respondent, vide proceedings dated 03-04-2009 to the Revenue Divisional Officer, Vijayawada, with a request to evict the petitioner. Challenging the said proceedings, the petitioner filed W.P. No. 4912 of 2009 before this Court. The writ petition was allowed, on 30-3-2009, on the ground that the Wakf Board did not pass any order of eviction, and that the matter ought (sic. ought not) to have been referred...