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Andhra Pradesh Court February 2010 Judgments

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Feb 15 2010

The Bajaj Allianz General Isurance Co., Ltd. Vs. Sri Beera Rama Rao

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-15-2010

Oral Order ( As per R. Lakshminarsimha Rao, Member) The opposite party is the appellant. The appeal is filed challenging the order of the District Forum whereby the appellant was directed to pay an amount of Rs.36,463/- along with compensation of Rs.1,000/- and Rs.1,000/- towards costs. The brief facts of the case as represented by the respondent are that the respondent purchased Hero Honda splendor motor cycle on 21st October,2004 for Rs. 36,463/- and got it temporarily registered on the same day. The vehicle was insured with the appellant. The respondent with an intention to purchase some sweets, parked on 9th January,2005 his motor cycle in front of a sweet stall at sriharipuram, Vishakhapatnam. The respondent came back to find his motor cycle being caused theft of and on his lodging complaint the Police, Malkapuram registered a case in crime number 7 of 2005. The respondent has intimated the matter of theft of the motor cycle to the appellant and lodged claim with the appellant. Th...


Feb 11 2010

Neelapalli Nookaraju Vs. United India Insurance Company Ltd. Rep. by I ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-11-2010

Oral Order ( As per R. Lakshminarsimha Rao, Member) The unsuccessful complainant is the appellant. The appeal is challenge to the order passed by the District forum, Kakinada in C.D.No.164 of 2005. The factual matrix of the case is that the appellant joined in A.B.Arogyadan Scheme on 27.8.2004 under which the respondent no.2 issued certificate of insurance on 27.11.2004 for the period from 27.8.2004 to 8.6.2005 covering the risk on the life of the appellant, his wife and two sons. The appellant fell sick and the doctors in Government General Hospital referred him to NIMS. The appellant before admitting to the NIMS wrote a letter to the opposite party no.1 seeking direction to NIMS as it was not one of the network hospitals. The appellant was advised to take treatment immediately as he was suffering with coronary artery disease. As per the medical advice, he was admitted as inpatient on 21.12.2004 and discharged on 25.12.2004 after the operation was performed upon him. The appellant inc...


Feb 10 2010

The New India Assurance Company Ltd Rep. by Its Divisional Manager Vs. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-10-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) This appeal is filed U/s 27 A of C. P. Act 1986 questioning the order dated 6.6.2008 passed in PP 18/2005 in CD 26/2004 where under NBW was issued against the appellant/OP to secure the presence for serving sentence of imprisonment for one year for non-compliance of the order passed. The learned counsel for the appellant contended that the Opposite party/ J. Dr in CD 26/2004 had deposited Rs.25,000/- towards statutory deposit and Rs.50,000/- as per the interim orders passed by the State Commission, i..e. in FAIA 856/2005 in FASR 2470/2005 of CD 26/2004. The deposit of the said amount was brought to the notice of the District Forum, yet, without verifying the deposit, the order was passed erroneously which is liable to be set aside. There was no representation of the respondent/complainant at the time of hearing to find out the actual amount received. Point for consideration is whether the impugned order is sustainable ? We have ...


Feb 09 2010

Daram Ravi Raj S/O. Nagesh Vs. the Chief Information Commissioner, A.P ...

Court: Andhra Pradesh

Decided on: Feb-09-2010

Reported in: 2010(3)ALT564

L. Narasimha Reddy, J.1. The petitioner is a resident of Katuru Village, Vuyyuru Mandal, Krishna District, and is said to be a Para Legal Volunteer. He submitted an application dated 18-04-2008, under the Right to Information Act (for short 'the Act'), to the Tahsildar, Vuyyuru Mandal, the 3rd respondent herein, with a request to furnish information on seven aspects. They are in relation to the particulars of poor persons without houses, the nature of steps taken for providing house sites to them, the list of persons, who are extended such benefit, etc. Stating that he did not receive any information within the stipulated time, he filed an appeal before the Revenue Divisional Officer, Nuzividu Division, the 2nd respondent, under Section 19(1) of the Act. According to the petitioner, the 2nd respondent also did not furnish any information. Therefore, he filed a Second Appeal before the Chief Information Commissioner, the 1st respondent, and the same was taken up as Appeal No. 6601/CIC/2...


Feb 09 2010

Chinnam Nagamani and ors. Vs. District Collector and ors.

Court: Andhra Pradesh

Decided on: Feb-09-2010

Reported in: 2010(3)ALT77

L. Narasimhareddy, J.1. The petitioners feel aggrieved by the individual orders dated 05-05-2008 passed by the Revenue Divisional Officer, Nuzvid, the 2nd respondent, rejecting the appeals preferred by the petitioners. The appeals in turn were preferred against the orders dated 31-08-2007passed by the Tahsildar, Tiruvuru, the 3rd respondent, under Section 4 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act').2. Different extents of land in Sy. No. 193/3 of Chittela Village, Tiruvuru Mandal, were assigned in favour of six individuals in the year 1970. They are said to have alienated the assigned lands in favour of the petitioners herein. The 3rd respondent issued show cause notices dated 01-06-2007 to the petitioners, alleging that the petitioners purchased the land mentioned therein, in contravention of the provisions of the Act, and they were required to explain as to why the land be not resumed to the Government. The petitioners submitted their expla...


Feb 09 2010

B. Sreekanth (Dr.) Vs. State of A.P., Department of Higher Education R ...

Court: Andhra Pradesh

Decided on: Feb-09-2010

Reported in: 2010(3)ALT75

ORDERG. Rohini, J.1. This writ petition is filed seeking a declaration that the alleged inaction on the part of the respondents in reconstituting the Executive Council of the 2nd respondent University as arbitrary and illegal.2. I have heard the learned Counsel for both the parties and perused the material available on record including the counter-affidavits filed on behalf of the 1st respondent and respondents 2 & 3.3. The 2nd respondent University was established under the Sri Krishnadevaraya University Act, 1981 and subsequently on the enactment of the A.P. Universities Act, 1991, Sri Krishnadevaraya University Act, 1981 stood repealed and as per Section 4 of the A.P. Universities Act, 1991, the said University is deemed to have been established and incorporated under the A.P. Universities Act, 1991.4. Section 17 of the A.P. Universities Act, 1991, specifies the authorities of the University which included the Board of Management. According to Section 19, the Board of Management sha...


Feb 09 2010

M/S Shriram Chits (P) Ltd., Rep. by Its Manager and Another Vs. Jammi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-09-2010

Oral Order ( As per R. Lakshminarsimha Rao, Member) The opposite parties have filed the appeal challenging the order passed by the District Forum whereby they were directed to pay Rs.46,000/- together with interest and costs. The respondent was a subscriber in chit group bearing No.KLL7/17 conducted by the appellants. The value of the chit was Rs.one lakh payable on monthly subscription of Rs.2,000/- which was paid on 14.4.2003. The chit would last over a period of 50 months. The respondent was declared successful bidder in the auction conducted on 20.9.2003 by the appellant no.1 whereby he had agreed to forego Rs.49,100/- and 5% towards foreman commission. The respondent was offered an amount of Rs.46,000/-. In the month of April 2004, the respondent offered sureties and signed the documents as required by the appellant no.1 who accepted them and promised to pay the bid amount within 30 days therefrom. The appellant no.1 has issued acknowledgement slip but has not paid the bid amount ...


Feb 09 2010

Syed Ghouse Basha Vs. M/S. Karvy Stock Broking Ltd and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-09-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) This appeal is filed to set aside the order dated 2.4.2009 passed in CC. 553/2008 by the District Forum I , Hyderabad dismissing the complaint for default. The facts of the case are that the complainant was enrolled as a member of NIC Future and Options by opening an Account with OP Stock Brokers Limited and that he had deposited a sum of Rs.10 lakhs by opening an Account 252505. He had opted for the loss to a limited extent of 15 % by investment of the amount in the shares business. While so, the OP had not credited the amounts which is entitled to be credited in his Account. The complainant is in no way concerned with the crash in the market since he was given assurance by the OP to stop loss at 15% only. Therefore the complaint is filed to direct the opposite parties to pay a sum of Rs.6,54,000/- with interest at 18% pa and also for compensation of Rs.one lakh for causing mental agony. The respondent/OP filed its counter deny...


Feb 09 2010

Smt.D.Sivamma Vs. Lic of India, Rep. by Its Branch Manager

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-09-2010

Typed to the dictation of Sri K. Satyanand,Honble Member) This is an appeal filed by the unsuccessful complainant before the District Forum assailing the order of the District Forum that dismissed its complaint. The facts of the case stated briefly are as follows: The complainants husband during his life time took five polices and nominated his wife as nominee, the details of which are as follows: Policy No. Sum assured Date of Commencement Accidental Total amount to be Paid on accidental death 651910723 Rs.50,000 12-2-2000 Available Rs.1,00,000/- with vested bonus 651908389 Rs.40,000 28-3-1999 Available Rs.80,000/- with vested bonus 841821019 Rs.25,000 20-8-1999 Available Rs.50,000/- with vested bonus 653331271 Rs.70,000 26-8-2006 Available Rs.1,40,000/- with vested bonus 651537948 Rs.35,000 27-9-1997 Available Rs.70,000/- with vested bonus He was an employee in the department of 3rd opposite party and took these policies under salary savings scheme from first opposite party a...


Feb 09 2010

G. Ambajee Vs. National Insurance Co. Ltd and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-09-2010

Oral order : ( as per Sri Syed Abdullah, Honble Member ) Being aggrieved by the order dated 24.11.2006 passed in CD 1037/2005 by the District Forum I, Hyderabad dismissing the owners claim for damages of the motor vehicle, the appellant/complainant filed this appeal questioning the legality and propriety of the order. The facts of the case are that the complainant had purchased Mahindra Maxx vehicle by availing finance advanced by OP.2 and on the advice of the financier, the said vehicle was insured with respondent/OP 1. The said vehicle was used for private and domestic purposes. The complainants relative by name Pandurang wanted to go on pilgrimage along with the family so he spared the vehicle and sent his driver V. Ganapathirao to go on journey. On the way to Pandarpur, the vehicle met with an accident near Solapur, Pune road on 06.06.2003 as a result of one person died and others sustained injuries including the driver. The police registered a crime against its driver. On coming t...


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