Andhra Pradesh Court July 2010 Judgments
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Dr. M.V. Subba Rao Vs. Kavuri Prabhavathi Devi
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2010
Oral Order (As per R.Lakshminarsimha Rao, Member) The opposite party in C.D.62 of 2000 on the file of District Forum Guntur is the appellant. The facts of the case as narrated by the complainant is that on 3.10.1999 she approached the opposite party for treatment of defective vision. The opposite party treated the complainant and suggested she should undergo operation. After conducting tests the opposite party conducted cataract RE surgery on 11.10.1999 and the complainant was discharged on 14.10.1999. On 15.10.1999 the complainant approached the opposite party and complained that there is no improvement of vision. The opposite party prescribed eye drops but there was no improvement. Again she approached the opposite party who referred the complainant to Dr.Y.Sri Rama Murthy, M.S., Renuka Netralayam, Kothapet, Guntur for better treatment on 24.11.1999 she consulted the said doctor who conducted tests and found that the complainant was suffering from Total Retinal Detachment of recent...
Nisar Ahmed Vs. L. Jaswanth Reddy and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2010
(As per Sri Syed Abdullah, Honble Member) Being not satisfied with the relief granted in CC 16/2008 by the District Forum, Mahabubnagar, the appellant filed this appeal questioning the legality and propriety of the order and sought for granting relief to direct the respondent/opposite party to execute a sale deed in respect of the plot that was agreed to be sold. The facts of the case disclose that the opposite parties 1 to 4 are partners of M/s. Pushpanjali Taders, Shadnagar started real estate venture to develop land ub Sy. No. 220 of Farooqnagar. They floated a scheme by enrolling members. As per the scheme, an installment amount of Rs.200/- per month had to be paid for 46 months for sale of plot. . Accordingly, the complainant became the member and he was allotted with plot no. 58-B admeasuring 133.33 sq. yards. He paid the amount along with Rs.2,500/- towards registration charges. Subsequent to the collection of the amount, the opposite parties have closed the firm. As the value...
Kakulam Raghunatha Reddy Vs. Y. Ramachandraiah
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2010
(Per Smt. M.Shreesha, Honble Member) Aggrieved by the order in CC.No.88/2007 on the file of District Forum, Kadapa, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant was a member of NGOs Co-operative House Building Society, Rayachoty since 1981 and the said Society allotted plot no.122 to him and collected incidental and development charges. The opposite party sent notice to the complainant on 20.6.1993 and 10.11.93 demanding to pay Rs.8,000/- towards the cost of the plot in instalments. The complainant paid Rs.4000/- on 6.12.93 to the Society and later the opposite party refused to receive the balance amount and the Society sold away the plot which was allotted to the complainant to a non member of the Society by R.Jayamma under registered sale deed. The complainant filed a petition U/s.61(B) of A.P.C.S.Act, 1964 before the Deputy Registrar of Cooperative Societies, Kadapa on 15.2.2000 praying for cancellation of earlier regi...
Dr. A. Venkataramana Vs. Jagadish Lanka
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2010
Oral Order :(Per Smt. M. Shreesha, Honble Member) Aggrieved by the order in C.D.No.101/2005 on the file of District Forum, Karimnagar, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the complainant is a lorry mechanic and he approached the opposite party on 5.9.2004 for the treatment of his right injured forefinger and on the assurance of opposite party he was admitted in M/s. Sri Sai Hospital and an operation was conducted on his injured forefinger and he was discharged on 6.9.2004 with a prescription and he used the medicines regularly as advised by the opp.party and also attended the hospital regularly for bandage etc. After operation the complainants operated forefinger become stiff and he is unable to discharge his normal duties.The complainant subsequently approached the opposite party 3 to 4 times and lastly on 4.1.2004 at his hospital and requested to arrange for re-conducting operation on his operated right fore finger but the ...
The New India Assurance Co.Ltd., Vs. Peeka Naga Raju, S/O. Galeeb, R/O ...
Court: Andhra Pradesh
Decided on: Jul-20-2010
1.This is an appeal by the insurance company against the award of the Chairman, Motor Accidents Claims Tribunal (District Judge), West Godavari, Eluru, in O.P.No.43 of 2006 dated 14.07.2006. 2.Since a very short point arises for consideration it is not necessary to deal with the facts in detail. Suffice it to state that the claim for compensation was allowed by the tribunal below on account of the injuries sustained by the claimant and though the claim of Rs.3,00,000/- was made, the tribunal has awarded a sum of Rs.1,92,360/- along with interest at 7.5% per annum. 3.The only contention raised by the learned counsel for the appellant - insurance company is that even for four simple injuries the tribunal has awarded Rs.5,000/- each aggregating to Rs.20,000/-, which according to him is impermissible. Learned counsel relies upon the format under which the claim petitions are filed, which specifies that they can be only categorized as grievous injuries and non-grievous injuries. Even under ...
Kudumula Kishore Reddy Vs. Kudumula Krishna Reddy and ors.
Court: Andhra Pradesh
Decided on: Jul-20-2010
1.This revision, under Article 227 of the Constitution of India, is directed against the order dated 28.06.2010 passed by the learned District Judge, Mahaboobnagar in CFR No.2552 of 2010 whereby the plaint filed by the petitioner herein was returned. 2.Facts, in brief, are that the revision petitioner filed the suit for partition in C.F.R.No.2552 of 2010 before the learned District Judge, Mahaboobnagar seeking partition and separate possession of his due share out of the suit schedule property basing on a Will dated 27.12.2006 said to have been executed by his paternal grand father by name Kudumula Janga Reddy, who is the half share holder of the suit schedule property. However, the court below took an objection stating that the suit for partition is not maintainable basing on a Will and returned the plaint by its order dated 28.06.2010. The same is questioned in this revision. 3.Since the present issue is in between the Court and the petitioner, the usual notice to the respondents is ...
Pyla Bangarraju Vs. Pyla Venkata Ramakrishna and Another
Court: Andhra Pradesh
Decided on: Jul-19-2010
Petitioner seeks to quash the certificate for court fee exemption dated 30.1.2008 issued by the Chairman, Mandal Legal Services Committee, Kakinada, in favour of the 1st respondent - Pyla Venkata Ramakrishna.It is the case of the petitioner that the 1st respondent is his own brother and he has filed Pauper O.P.No.42 of 2007 on the file of the Principal Senior Civil Judge, Kakinada, to permit him to sue as an indigent person, to declare gift deed dated 28.1.2001 as void and not valid and to grant permanent injunction. It is stated that the Court of the Principal Senior Civil Judge, Kakinada, has not followed the procedure laid down under Order XXXIII of the Code of Civil Procedure in conducting the enquiry and granting the court fee exemption by the 2nd respondent in favour of the 1st respondent is beyond the pecuniary jurisdiction of the Mandal Legal Services Committee and the Mandal Legal Services Committee is empowered to sanction Rs.250/- in each case and in exceptional cases an add...
Shaik Ramu, S/O.Appa Rao, R/O.Peddabodeepalli Vs. Narsipatnam, Visakha ...
Court: Andhra Pradesh
Decided on: Jul-19-2010
The appellant was appointed as a Fair Price Shop (FPS) dealer. The competent authority, namely, the Revenue Divisional Officer (RDO) initiated action under Clause 5(1) of the Andhra Pradesh State Public Distribution System (Control), Order 2001 (hereafter called the Control Order, 2001). A show cause notice dated 01.07.2002 was issued alleging the following contraventions. Charge No.1: Sri Shaik Ramu fair price shop dealer received 3454.00 qunts. of rice towards food for work and out of the said stock 2505.07 kts. was distributed and at that time of inspection there is only stock of 674.75 kgs. out of rice and there is shortgage of 275.74 kgs. rice. Charge No.2: That at the time of check, 129 bags each weighing 50 Kgs. (129.50) 6450 kgs. of rice has been sold to one Sri A.Babu Rao, son of Nook Raju of Pedaboddepali village. Charge No.3:- The fair price shop dealer running 3 godown unauthorized and without any valid permission from the competent authority. Therefore, he has committed se...
The Manager Legal Vs. Mohd. Abdul Aleem
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-19-2010
(As per Sri Syed Abdullah, Honble Member) The un-successful opposite party in CC. 211/2008 on the file of the District Forum III, Hyderabad has preferred this appeal questioning the direction for payment of Rs.20,000/- as compensation for the alleged mental agony besides costs of Rs.2,000/- and also with further direction to cancel SBI Card Account No. 0004317575513089913. The impugned order is assailed as erroneous and that the appellant had no opportunity to put forth its defence before the District Forum. The facts as set out in the complaint are that the complainant used to receive telephonic calls from the respondent bank and that the staff of the opposite party had approached him explaining about the advantages of the SBI Credit Card but he refused to receive the same and that he neither received the credit card nor it was delivered to him. Without giving consent, the complainant was said to have issued Credit Card bearing No. 0004317513 08991 which was in fact not at all recei...
Shriram Life Insurance Company Ltd and Others Vs. Arisetti Krishna Ven ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-19-2010
Oral Order (Per Honble Sri Justice D.Appa Rao, President) 1. Having heard the learned counsel for the appellants and having perused the record, we are of the opinion that the appeal can be disposed of at the stage of admission. 2. This is an appeal preferred by opposite parties 1 to 3, Shriram Life Insurance Company, against the order of the District Consumer Forum directing them to pay the amount covered under the policy together with interest and costs. 3. The case of the complainant in brief is that her husband Arisetti Mohan Rao, took a Life Insurance Policy on 28.09.2006 for a term of 12 years commencing from 28.09.2006 to 28.09.2018 for a sum of Rs.3,00,000/-. While so, he died suddenly on 10.05.2007. When the claim was submitted, the Insurance Company repudiated it on the ground that he did not disclose his leave availment while submitting the proposal form, which amounts to material suppression. Assailing the said repudiation, he filed the complaint claiming the amount cover...
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