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Andhra Pradesh Court March 2010 Judgments

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Mar 23 2010

G. Veerabhrahmam Vs. the Asst.Engineer (Operation) and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-23-2010

(Typed to the dictation of Sri K.Satyanand,Honble Member) This is an appeal filed by the complainant before the District Forum assailing the order passed by the District Forum. The facts of the case are briefly as follows: The complainant, a carpenter by profession, was running a furniture shop at Moulali Kaman under the name and style of Wood Point since years and was provided with electricity connection by the opposite parties bearing S.C.No.1704-7827. The complainant submitted that there was a fire accident in his shop on 15-9-2002 due to fluctuation in voltage of electricity causing short circuit and thereby he sustained a loss of Rs.3,00,000/-. He immediately lodged a complaint with P.S.Malkajgiri and a case was registered and FIR issued on 18-9-2002. The complainant submitted that he gave a representation to the opposite parties on 18-9-2002 and requested for payment of compensation but there was no response from them. Thereafter on 30-9-2002 he represented to the MRO by markin...


Mar 22 2010

M/S Kiran Krishna Real Estates and Constructions Pvt. Ltd and Others V ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-22-2010

Oral Order (As per R.Lakshminarsimha Rao, Member) The opposite parties no.1 and 2 are the appellants. The appeal is filed against the order of the District Forum-I, Visakhapatnam in C.C.No.159 of 2007 whereby the opposite parties no.1 and 2 were directed to refund Rs.60,000/- + Rs.70,000/- + 22,800/- along with interest @ 12 p.a. together with compensation of Rs.12,500/- and costs. The brief facts of the case as represented by the complainant are that the appellant no.1 had been dealing in real estate business. The appellant no.2 was engaged in Agro-tech scheme and invited the public to invest in their schemes. The respondent paid instalments to the appellant no.1 towards purchase of house plots and paid a sum of Rs.60,000/- to the appellant no.1 till January 2000 and also she had paid an amount of Rs.70,000/- to the appellant no.1 till 27.8.2001. The respondent deposited a sum of Rs.1,200/- each per month for a period of 19 months till 28.8.2001 with the appellant no.2. The instalmen...


Mar 19 2010

K.V.K. Amarnath Vs. P.N. Eswaraiah (Died) and ors.

Court: Andhra Pradesh

Decided on: Mar-19-2010

Reported in: 2010(3)ALT193

ORDERG. Rohini, J.1. This revision petition is directed against the order dated 18.06.2008 in I.A. No. 132 of 2008 in O.S. No. 11 of 2000 on the file of the Court of the Senior Civil Judge, Hindupur. The revision petitioner is the plaintiff. The suit is filed for partition of the suit schedule properties. While the suit was coming up for trial, the plaintiff filed I.A. No. 132 of 2008 with a prayer to receive a copy of the partition list dated 01.07.1996 and to mark the same as an exhibit on behalf of the plaintiff as secondary evidence. The 3rd defendant/third respondent herein opposed the same and the Court below by order dated 18.06.2008 dismissed the application. Aggrieved by the same, the present revision petition is filed by the plaintiff.2. I have heard the learned Counsel for both the parties and perused the material available on record.3. It is to be noticed that the suit is of the year 2000. Though in the plaint initially filed there was no reference to the partition list dat...


Mar 19 2010

Maruthi Udyog Limited Vs. Kanna Krishnan and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-19-2010

D. Appa Rao, President: Oral: 1. This is an appeal preferred by opposite party No. 1 against the order of the Distt. Forum directing it to pay Rs. 34,635 together with interest @ 9% p.a., and costs along with opposite parties 2 and 3. 2. The case of the complainant in brief is that he purchased a Maruthi car on 6.6.2002 from opposite party No. 2 authorised dealer of appellant, the manufacturer of the car. It was registered as taxi cab. At the time of purchase opposite party No. 2 had assured that it would refund Rs. 34,835.36 collected towards excise duty. Later when he requested opposite parties 2 and 3 to refund it did not do so and therefore he issued a notice and filed the complaint claiming the amount. 3. The Distt. Forum after observing that none of the opposite parties contested and that they were set ex parte and basing on the affidavit evidence of the complainant and the documents Exs. Al to A8 directed opposite parties 2 and 3 along with the appellant to pay Rs. 34,635 to the...


Mar 19 2010

Panchavati Projects Engineer Vs. Seri Infrastructure Finance Limited

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-19-2010

Oral Order (Per Smt M. Shreesha, Honble Member) Aggrieved by the order in C.C.No.920/2006 on the file of District Forum-II, Hyderabad, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant purchased proclainer manufactured by M/s.Kirlosker Engineering Company and the opposite party herein provided the financial assistance for an amount of Rs.21,69,280/- in the year 2003 and the opposite party has taken original invoice issued by the manufacturer of the proclainer i.e. Tata Hitachi Ex.100 towards security stating that the same would be returned to the complainant after repayment of the loan amount. The complainant deposited the original invoice with the opposite party as security for repayment. The opposite fixed the instalments for repayment of the loan and the complainant paid the amount to the opposite party and cleared the loan by 21.6.2006. After repayment of the loan even after repeated requests, the opposite party did not re...


Mar 19 2010

B. Srinivas Vs. Ch. Vallinath

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-19-2010

Oral Order: (Per Smt. M.Shreesha Honble Member) Aggrieved by the order in C.C.No.173/2006 on the file of District Forum-1, Hyderabad, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant entered into an agreement to purchase flat no.401 in S.V.Gayatri Nilayam near Mahalaxmi Theatre, Kothapet, Dilsukhnagar, Hyderabad with the finance arranged by the opposite party from LIC Housing Finance Ltd. and the flat was registered in favour of the complainant but the opposite party did not furnish the documents regarding the said flat to the complainant. Opposite party induced the complainant to sign on blank papers on the pretext of arranging finance from LIC Housing Finance Ltd. and inspite of several demands, the opposite party failed to deliver vacant possession of the said flat to the complainant and has let out the said flat to some unknown persons and is collecting rents for himself. The complainant submits that the rental would b...


Mar 19 2010

K. Janakamma Vs. Janapriya Engineers Syndicate (Jv) and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-19-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The appeal is filed by the complainant against the order of dismissal of her complaint passed by the District Forum, R.R. District in C.D.No.780 of 2008. The facts of the case as narrated by the complainant are that the complainant had booked flat No.4209 in second floor of IV block admeasuring 1400 sft with proportionate undivided share of land of 25.93 sq.yards for a total sale consideration of Rs.8,55,440/-. The opposite parties agreed to give concession of 3% discount as she was a senior citizen. The flat was agreed to be constructed and delivered possession of at the end of January 2005. It was agreed that the complainant has to pay the sale consideration as per the schedule mentioned in the application form and also as per the progress of the construction work. The complainant used to pay the amounts in phased manner. The opposite parties executed the sale deed on 4.5.2006 in respect of the undivided share of land and at the ti...


Mar 18 2010

D. Lakshminarayana Rao (Died) by Lrs., Vs. D. Gopalakrishna Rao S/O Gu ...

Court: Andhra Pradesh

Decided on: Mar-18-2010

G. Bhavani Prasad, J.1. The order dated 09-04-2007 in O.P. No. 19 of 1997 on the file of the Senior Civil Judge's Court at Asifabad is under challenge in this appeal at the instance of claimants 3 to 5 therein, impleaded as the legal representatives of the deceased D. Lakshminarayana Rao, the 2nd claimant therein.2. he reference under Section 18 of the Land Acquisition Act, 1894 (for short 'the Act') for fixing the market value of the acquired land was in pursuance of the original claimant filing an application for reference of the matter to the civil Court while receiving the compensation under protest as per the award, dated 30-06-1995. Ac. 168-12 cents of Danaboinapeta village of Asifabad Mandal were acquired on the requisition of the Executive Engineer, Vattivagu Project Division after due compliance with the formalities of the draft notification under Section 4(1) of the Act on 12-05-1993, draft declaration on 10-11-1993 and taking over of the possession on 06-01-1977. No sale sta...


Mar 18 2010

Mary Dorathy Charles Vs. M/S R.R.K. Constructions and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The appeal is filed by the complainant feeling aggrieved by the order of dismissal of her complaint passed by the District Forum, R.R. District in C.C.No.54 of 2008. The facts of the case as narrated by the appellant are that the respondents no.2 and 3 are the owners of premises bearing Plot Nos.91, 92 and 93 situated in Sy.No.191 at Alwal Village, Malkajigir Mandal, R.R.Dist. The respondents no.2 and 3 entered into a development agreement dated 4.3.2004 with the respondent no.1 for construction of multi storied residential-cum-commercial apartment complex named as R.R.K.Gills Plaza. As per the terms and conditions of the agreement, the respondent no.1 has to construct the proposed building at his own cost and expenses and share the built up area with the respondents no.2 and 3. The respondent no.1 commenced the construction of the proposed building. The appellant believing the version of the respondent no.1 that he was authorized by...


Mar 18 2010

Ms G. Reshma Reddy Vs. P. Siva Prasad and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The appeal is filed by the complainant against the order of the District Forum, Khammam in C.D.No.117 of 2003 whereby his complaint was dismissed holding that in the event of a student leaving the institution mid-way through a particular course of study, the students are liable to pay for the loss caused to the institution. Briefly stated the facts of the case are that the complainant was allotted seat in BDS under sports quota in the opposite parties institution for the academic year 2001-2002 and paid Rs.9,000/- towards the tuition fee, Rs.18,000/- towards other fees and Rs.9,200/- towards hostel fees and accommodation on 22.4.2002 and 30.4.2002 for the first year. Subsequently the complainant secured the seat in MBBS in Medicity Institute of Medical Sciences, Hyderabad on re-allotment of second counseling in December 2002. The complainant approached the opposite parties and requested for return of her certificates. The opposite pa...


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