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Andhra Pradesh Court April 2010 Judgments

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Apr 15 2010

D. Chandra Reddy Vs. the Secretary, Provident Fund and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-15-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) The complainant is the appellant. The complainant challenges by way of filing the appeal that he can question the computation of the Provident Fund Amount after a period of fifteen years. The loan amount and its deduction from the salary of the appellant during the period while he was in service have been questioned by assailing the impugned order. The facts leading to filing of the appeal as represented by the complainant are that the complainant was working with the opposite parties no.2 and 3 as conductor and retired from the service as Traffic Inspector on 30th April, 2006. The complainants provident fund account bearing number AP.HYD 000295/03944 came into operation with effect from the year of 1971. The contribution to the provident fund account of the complainant was from the complainant and his employer, the opposite party no.2 in equal proportion. During the period from 1978 to 1988 the amount in Depots at Nalgonda and Suryap...


Apr 15 2010

Mothilal and Another Vs. Dhanavath Balu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-15-2010

(Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by opposite parties 1 and 2 against the order of the Dist. Forum directing them to return all the original documents pertaining to auto and refund Rs. 12,850/- collected towards excess amount with costs of Rs. 1,000/-. 2) The case of the complainant in brief is that he purchased an auto for Rs. 80,000/- and took finance from the appellant a finance company wherein he agreed to repay in instalments. On 25.11.2004 though he paid Rs. 32,000/- the receipt was given for Rs. 30,000/-. It also collected Rs. 5,000/- for registration, Rs. 3,000/- for other charges. As against Rs. 82,000/- with interest @ 18% p.a., for 24 months coming to Rs. 1,11,520/-, he in fact paid Rs. 1,55,000/- besides Rs. 5,000/- for registration and Rs. 3,000/- for other expenses in all Rs. 1,63,000/-. They had kept all the original papers including C Book, insurance papers etc. When he demanded the papers after discharging the loan, the appell...


Apr 15 2010

Chadalawada Prasad Vs. M/S. K. Gurunadham and Sons Rep. by Its Proprie ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-15-2010

(Per Honble Sri Justice D. Appa Rao, President.) 1) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that he placed an order with respondent on 27.8.2004 for printing and supplying of 500 calendars of year 2005 - 28 x 15 size, with back and back printing in six sheets each containing one month calendar with three colours in English and Telugu by using the Maplitho or Andhra Paper at Rs. 14/- each. He paid an amount of Rs. 1,500/- in cash as advance. The respondent agreed to deliver the calendars before the end of December, 2004. He paid remaining balance also. Later when he received the consignment, he found that the calendars were not according to the specifications. He printed on a low cost material, that too with lesser size. When he contacted on phone, the respondent directed him to send back the parcel and accordingly he returned it through Navata transport on 1.1.2005. When he demanded refund of the amount, he again sent the very same parcel. On...


Apr 15 2010

Varna Malla Reddy Vs. the Branch Manager, United India Insurance Compa ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-15-2010

(Per Honble Sri Justice D. Appa Rao, President) 1) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that he purchased Contessa Classic diesel car on 15.7.2002 and obtained an insurance policy for Rs. 2 lakhs covering the period from 24.8.2002 to 23.8.2003. While so, on 9.8.2003 he went to Peddapalli village and while returning to Karimnagar by the time he reached Mogiumpur at about 9.30 p.m. the car was suddenly stopped due to mechanical failure. Therefore he parked on the road by locking it properly, and went to Karimnagar to fetch a mechanic. Since it was late in the night, he could not secure any mechanic. On the next day morning, he took a mechanic and found that the car was missing. They have searched the entire day and there after went to Rural Police Station, Karimnagar to give a complaint. The police advised them to search for some more places. When he could not trace, he gave a complaint on 11.8.2003, basing on which the police registered a c...


Apr 15 2010

A.V.G.N. Srinivas and Another Vs. M/S. Global Hospitals and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-15-2010

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an application filed by the complainants to re-open the evidence and permit further cross-examination of doctor before this Commission. 2) The complainants allege that the cross-examination of the doctor was made in part. During the course of cross-examination when the respondent counsel objected, some answers were struck off. This was objected to. The Commissioner was requested to place before this Commission for conducting further cross-examination of the doctor in open court to note the demeanour and conduct of the witness. Despite the fact that said matter was reported, this Commission closed the cross-examination on the ground that the matter was delayed. The delay if any is not due to their conduct. They were ready to proceed with cross-examination of the doctor in open court lest they would be deprived of their valuable right. Therefore they requested to re-open the evidence and permit them to further cross-exa...


Apr 13 2010

A. Bhaskara Naidu S/O Nataraja Naidu Vs. A. Jyothi Naidu S/O Nataraja ...

Court: Andhra Pradesh

Decided on: Apr-13-2010

B.N. Rao Nalla, J.1. This Criminal Revision Case arises out of the judgment dated 31-08-2004 in C.C. No. 131 of 2002 on the file of the IV Additional Judicial Magistrate of First Class, Chittoor.2. The defacto complainant and the accused are brothers. They have cultivable lands. That the accused is alleged to have forged the signatures of the defacto complainant on Ex.P-3 sale deed dated 17-07-2000 (the date is wrongly mentioned in the trial Court's Judgment as 18-07-2000) and on Ex.P-4 amendment document dated 13-09-2000 (the date is wrongly mentioned in the trial Court's Judgment as 18-09-2000). Thus, he got the land of defacto complainant (PW-1) and registered in the name of accused/R-1. That the defacto complainant came to know about the same on 31-12-2000 while he along with his father and brother-in-law was watering the field (sugar cane crop), as the accused and the defacto complainant appeared there and objected watering the field stating that he is the bone fide purchaser of t...


Apr 13 2010

The Asst. Director of Insurance Vs. Karamkonda Susheela

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-13-2010

(Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the Insurance Company directing it to pay Rs.19,945/- with interest at 9% per annum from the date of complaint i.e. 19.07.2006 till the date of payment and costs of Rs.1,000/-. 2. The case of the complainant in brief is that her son, Sanjeev Kumar, was a police constable. During his service, he had taken an insurance policy for Rs.39,890/- nominating her as his nominee. While so, her son had died on 13.05.2004. When she approached, the appellant Insurance Company did not pay any benefits under the Insurance Policy. She gave a legal notice for which the opposite party gave a reply stating that it had paid the amount to the wife of her son viz. daughter-in-law, K.Prabhavathi as per law. In fact she was not the nominee and therefore, she was not entitled to the benefits and therefore, prayed that the complainant be paid. 3. The Insurance Company resisted the case. While admitting the issuance of policy in...


Apr 13 2010

The Agricultural Insurance Company of India, Rep. by Its General Manag ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-13-2010

Oral Order (As per R. Lakshminarsimha Rao, Member) Aggrieved by the orders in C.C.No.43 of 2007 and C.C.No.44 of 2007, the opposite party no.2 preferred F.A.No.1380 of 2007 and F.A.No.1381 of 2007. Since both these appeals deal with common facts they are being disposed of by a common order. F.A.No.1380 of 2007 is taken as the leading case wherein the facts as represented by the parties are that the complainant is a resident of Vallurupalem village of Krishna District and is an agriculturist possessing 3.87 acres in Sy.No.328 at Pamula Lanka Panchayat of Thotlavalluru Mandalam. The complainant used to raise commercial crops and he availed crop loan of Rs.84,000/- from the opposite party no 2 out of which the opposite party no.2 deducted an amount of Rs.1050/- towards premium to the opposite party no.1 on 6.8.2005. The complainant raised Sugar Cane crop in the said land with the permission of KCP sugar and Industries in the month of April 2005. Due to floods in the month of August, the ...


Apr 13 2010

National Insurance Company Limited Vs. V. Mahaboob Basha

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-13-2010

(Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the Insurance Company against the order directing it to pay Rs.1,36,092/- towards damages of the vehicle, Rs.2,000/- towards mental agony and Rs.1,000/- towards costs. 2. The case of the complainant in brief is that he purchased Eicher Motor vehicle and insured with the appellant Insurance Company for the period from 21.06.2004 to 20.06.2005. While so on 04.05.2005 while the vehicle was proceeding from Jamakondi to Subela of Karnataka State, it met with an accident and sustained damage. On report, the police registered the case in Crime No.101/2005 under Sec.337 and 338 IPC. Immediately he informed the said act to the appellant Insurance Company and got it repaired by incurring an amount of Rs.1,47,092/-. The Insurance Company in the first instance assured to settle the matter for Rs.92,000/-with interest, however later repudiated the claim on the ground that there was no transfer of ownership in favour...


Apr 12 2010

The Branch Manager Vs. Kola Kondaiah and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-12-2010

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by Indian Bank, opposite party No. 2 against the order of the Dist. Forum directing it to pay Rs. 1 lakh with interest @ 9% p.a., from the date of complaint together with compensation of Rs. 3,000/- and costs of Rs. 1,000/- 2) The parties are described as arrayed in the complaint for facility of expression and avoid confusion. 3) The case of the complainant in brief is that his son died of electrocution in the house of opposite party No. 1 on 4.12.2005 and there was a settlement for Rs. 1,30,000/- towards compensation, and he paid Rs. 30,000/- in cash and issued a cheque for Rs. 1 lakh on 30.9.2006 drawn on State Bank of Hyderabad, Mankammathota Branch, Karimnagar. He presented the said cheque with the appellant bank on 17.3.2007 which in turn sent for clearance to Indian Bank, Karimnagar. However, during transit the cheque was lost. When he approached the Manager of the appellant bank he issued a...


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