Andhra Pradesh Court June 2010 Judgments
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Varadha Sai Sudhakar and Another Vs. M/S. Lakshmi Builders, Rep. by It ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-16-2010
Oral Order (Per Sri Syed Abdullah, Honble Member.) The appellants in this appeal are the unsuccessful complainants in C.D.No.262/2005 before District Forum-I, Hyderabad. They filed a complaint against opposite party seeking relief for refund of Rs.4,18,000/- said to have been collected in excess over and above the agreement and also claimed compensation of Rs.1,00,000/- for harassment and mental agony faced by them. The impugned order in dismissing the complaint has been challenged as erroneous and sought to be set aside. The facts of the case disclose that the opposite party had offered to sell the flat situated in Ameerpet admeasuring 1680 sft. along with car parking and 50 sq. yds. of undivided share of land for a sale consideration of Rs.17,00,000/-. An agreement of sale was executed on 11-10-2002 and subsequently a registered sale deed was executed in favour of the complainants in respect of unfinished flat No.201 by registering the same on 29-11-2002 for a consideration of Rs.6...
Koyyana Ramachandra Rao Vs. Visakhapatnam Steel Plant
Court: Andhra Pradesh
Decided on: Jun-15-2010
This writ petition projects a pathetic story of a young person who was nearly successful in his attempt to get employed with the prestigious Visakhapatnam Steel Plant, since re-named as `Rashtriya Ispat Nigam Limited'. For establishing the steel plant, at Viskhapatnam, large tracks of land have been acquired by the State compulsorily. The State Government apart from ordering for payment of market value as compensation for the compulsory acquisition of the lands also came up with a rehabilitation package so as to secure employment either to the land loser or his dependant in the steel plant. For regulating this entire exercise, a sub-employment exchange has also been opened up at Gajuwaka, Visakhapatnam. The eligible land losers have all been identified and they were all furnished with rehabilitation cards (R-cards). As and when Visakhapatnam Steel Plant was undertaking recruitment drive, a certain percentage of vacancies were thrown open for recruitment from the source of rehabilitatio...
Smt Gorsa Bangaramma Vs. Dr. Susantha Kumar Malik and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-15-2010
Oral Order (As per R.Lakshminarsimha Rao, Member) The unsuccessful complainant is the appellant. The appeal is preferred by the complainant being felt aggrieved by the order dated 21.11.2006 passed by the District Forum-I, Visakhapatnam. The brief facts of the case as mentioned in the complaint are that the complainant was traveling by train on 24.6.2002 from Varampudi to Visakhapatnam. In the course of the travel the complainant fell down from the train and sustained severe injuries on her right knee and other parts of her body. She was shifted from the accident spot to KG Hospital Visakhapatnam and from there to the opposite party no.2 hospital. On 28.6.2002 where the doctor Alok Mujamdar had performed surgery on the abdomen of the complainant by assuring the complainant that she would recover within 15 days from the date of the operation. Before conducting the operation the doctors in the second opposite party hospital had not diagnosed the knee fracture of the complainant. After p...
P. Raghavendra Vs. Branch Manager, Oriental Insurance Company Ltd
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-15-2010
Oral Order (As per R.Lakshminarsimha Rao, Member) The order of the District Forum Ananthapur in C.D.No.10 of 2005 is under challenge by way of appeal preferred by the complainant seeking for enhancement of compensation from Rs.30,000 to an amount of Rs.2 lakhs along with interest and costs The complainant is a proprietor of M/s Ragavendra Book Stall at Goothy in Anathapur District. The complainant obtained Shop Keepers Insurance Policy bearing No.2004/508 for the period commencing from 6.9.2003 till 5.9.2004. The sum assured in terms of the insurance policy issued by the opposite party is Rs.2 lakh. A fire accident occurred in the shop of the complainant on the intervening night of 28/29 December 2003 at 1.30 a.m. and on being informed of the incident the complainant contacted the fire station at Guntakal. The fire official extinguished the fire at 3.30 a.m. The complainant contended that there was stock worth of Rs.2,90,000/- in his shop at the time of the accident and that all the a...
Muppala Badari Narayana Vs. Muppala Atchimamba
Court: Andhra Pradesh
Decided on: Jun-14-2010
This Court, on 25.4.2008, made the following order: "Admit on the following substantial questions of law: 1.When the suit is filed in forma pauperis, without first enquiring into the pauperism, whether the plaintiff can be permitted to amend the plaint? 2.Whether the Court at Rajahmundry will have jurisdiction to entertain the suit initially filed to create a charge over the suit schedule property, which is situated outside the jurisdiction of the Court?"2.In S.A.M.P. No.701 of 2008 this Court made the following order on 25.4.2008. "Interim stay on condition of the petitioner-appellant depositing half of the arrears of maintenance awarded on or before 16.6.2008 and the monthly maintenance of Rs.5,000/- for the month of April shall be paid on or before 10t of May and he shall continue to pay the same on or before 10th of every succeeding month. In default, interim stay shall stand vacated without further reference to the Court and the respondent-decree holder is entitled to execute the ...
P.Shivaraj Sampathy and Others. Vs. the Commissioner and Inspector Gen ...
Court: Andhra Pradesh
Decided on: Jun-14-2010
A private dispute between two half brothers is projected in these two writ petitions as a public law dispute and a relief is sought against the Registrar of Societies constituted under Section 2(l) of the Andhra Pradesh Societies Registration Act, 2001 (the Act).The brief background of these cases as culled out from book pleadings and other documents is as follows. Late S.P.Sampathy started S.P.Sampathy's Siva Sivani Educational Society (hereafter called, the Society). By reason of a judgment of the Court of District Judge, Ranga Reddy, in O.P.No.479 of 1997 the said Society is deemed to have been established in 1997 with Registration No.2906 of 1997. Indisputably, the said Educational Society has established Siva Sivani Public School at Sanga Reddy, Orchids International School at Budhera and another school near Kompally in Ranga Reddy District. The Society's Managing Committee among others is father S.P.Sampathy, a son Shivaraj Sampathy, his wife Manjula Sampathy and another son Sail...
Mrs Rehana Begum and Another Vs. Mrs Masarathunnisa and Another
Court: Andhra Pradesh
Decided on: Jun-14-2010
1.This revision is directed against the interlocutory order passed by the Judge, Additional Family Court, City Civil Court at Hyderabad, dated 22-01-2010 in I.A.No.196 of 2009 in O.P.No.1247 of 2009. 2. The said O.P. together with interlocutory application was filed by respondents 1 and 2 herein seeking relief as follows: "This Hon'ble Court may be pleased to declare and appoint the petitioners who are the natural parents as the guardians and direct to the respondents to handed over the minor child into the custody of the petitioners of the person of the minors by name Azhar Ali Khan @ Anas Ali Khan aged 4 months and pass any such other orders." 3. The interlocutory application No.196 of 2009 was moved by the respondents herein against the petitioners herein for interim custody of their aforesaid son till disposal of the main petition. Under the impugned order the Family Court has ordered the interim custody in favour of the respondents herein and aggrieved thereby the present revision...
Dr. B. Shashikala Vs. Kattam Ramakishan
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-14-2010
D. Appa Rao, President: Oral: 1. This is an appeal preferred by opposite party Gynaecologist against the order of the Dist. Forum directing her to pay Rs. 3 lakh towards compensation on the ground of medical negligence. 2. The facts leading to filing of the complaint are that late K. Laxmi is the wife of the complainant. She was suffering from anaemia. She consulted the appellant a Gynaecologist at Karutla. She advised her to undergo Hysterectomy. On the consent given by the patient she conducted the surgery on 6.1.2005. At about 12 noon she started bleeding. After 5 hours, second operation was conducted. When the patient developed abdominal distension the appellant advised the complainant to shift his wife to a higher centre for further care and treatment and discharged her on 14.1.2005. The patient was taken to Krishna Institute of Medical Sciences (KIMS), Hyderabad at about 3.49 p.m. on 14.1.2005. Despite treatment she died on 15.1.2005 at 8.10 a.m. Alleging negligence and deficienc...
Bommaraju Sai Babu Vs. Kasu Vara Prasad
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-14-2010
(Per Honble Sri Justice D. Appa Rao, President) 1. This is an appeal preferred by the complainant against the order of the District Consumer Forum, Prakasam District at Ongole granting inadequate amounts while partly allowing the complaint. 2. The case of the complainant in brief is that when the opposite party floated a housing scheme, wherein he agreed to sell house plots in R.S.No.204 of Pernamitta Village of S.N.Padu Mandal, he joined as one of the Members agreeing to pay @ Rs.350/- for 45 months for allotment of house plot. The opposite party allotted membership No.53. When he approached him in the month of December, 2005 and paid Rs.8,000/- towards registration charges of the plot, however, he did not register the plot. On that the complaint was filed to direct the opposite party to register the plot together with compensation of Rs.20,000/- and costs. 3. The opposite party resisted the case. He alleged that it was a partnership concern, wherein he was a Managing Partner. Two mo...
Balireddy Sudhakar Vs. M/S. Classic Constructions Pvt. Ltd. and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jun-13-2010
(Typed to the dictation of Smt.M.Shreesha, Honble Member) The brief facts as stated in the complaint are that opposite party No.1 is a private limited company doing business in real estate at Visakhapatnam represented by opposite parties 1 and 2, who developed a layout under the name and style of Aiswarya Garden abutting Adibatla nagar, Vuda layout opposite to Karthika Vanam, Beach Road, Visakhapatnam. Opposite parties represented that they obtained BLP No.22/98 and the complainant being induced by the representation of opposite party No.1 purchased plot Nos.23 and 24 admeasuring 350 sq. yds. each @ Rs.1280/- per sq. yd. Out of the total consideration of Rs.8,96,000/- the complainant paid Rs.8,50,000/- as per the instructions of opposite party No.1 to opposite party No.2, by way of cash of Rs.2,00,000/- on 26/9/2002 for which opposite party No.2 gave an acknowledgement as advance for plot Nos. 23 and 24 and on 10-10-2002 by way of cheque bearing No.762094 for Rs.5,00,000/- which was e...