Andhra Pradesh Court January 2011 Judgments
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M/S the New India Assurance Co. Ltd., Vs. M/S Sahiti Trading Corporati ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-27-2011
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite parties is the appellant. 2. The factual matrix leading to filing of the appeal is that the complainant firm is a partnership firm dealing in the business of distribution of Nirma Washing Powder for the Nalgonda District. The complainant corporation is the owner and custodian of TATA 709 Van bearing registration No.AP-24-7774 and it was insured with the opposite party vide policy No.612801/31/05/01/00007411 from 22.12.2005 to 21.12.2006. On 26.9.2006 the vehicle was involved in a road accident due to rash and negligent driving of the driver of lorry bearing registration No.AP-16U-1479. As a result the van of the complainant corporation sustained damages. The complainant submitted the claim form to the opposite party. The accident was registered as Crime No.101/2006 in Gurrampode Police Station. After investigation the police filed the charge sheet against the driver of the lorry for the offence u/s 338...
Vasantham Marine Fisheries Vs. Oriental Insurance Co. Ltd.
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-25-2011
Mrs. M. Shreesha, Member: Oral: 1. F.A. 1606/08 has been preferred by the complainant dissatisfied by the order of the Dist Forum-II, Visakhapatnam in C.C. No. 531/06. F.A. 1062/2009 has been preferred by the opposite parties aggrieved by the order in the same C.C. 531/06. Since both these appeals arise out of common C.C. they are being disposed of by this common order. 2. The brief facts as set out in the complaint are that the complainant is a firm being run by partners Mr. T. Leyola Marinstine Fernando and Mrs. P. Maria Malar Sabastian, who are son and mother respectively and they started the said business as part of their self-employment to earn their livelihood and they authorized one Sebastian Fernando who is none other than father of the 1st partner and husband of the 2nd partner of the firm respectively to run the business. The complainant owned mechanized fishing trawler by name VASANTHAM bearing No. FVSM 280 and it was duly registered at the port of Visakhapatnam on 24.5.2001...
Ch. V. Narasimha Rao Vs. Dr. K. Raja Rajeswari Proprietor of M/S Vigne ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-25-2011
R. Lakshminarsimha Rao, Member: Oral: 1. The complainant is the appellant. He had taken his wife Ch. Pushpa Kumari to the hospital of opposite party No. 1 on 12.5.2002 with the complaint of stomach ache and paid an amount of Rs. 5,000 to the hospital opposite party No. 1for which no receipt stated to have been issued on the premise that it would be adjusted at the time of final settlement. Pathological examination was advised by the opposite party No. 1 at M/s. Sravanthi Diagnostic Centre where the pathology report was issued with the opinion that the patient was diagnosed with tuberculosis appendicitis/appendicular lump. The hematology report was issued by M/s. Vignesh Diagnostic Centre. The opposite party No. 2 opined the problem to be appendicitis and the opposite party No. 1 in her communication dated 14.5.2002 opined that the matted lump of intestines and appendix of the patient was gangrenous and could be removed in piecemeal only. The opposite party No. 2 conducted the surgery a...
P.Guruprasad and Another Vs. the Public Prosecutor, High Court of A.P.
Court: Andhra Pradesh
Decided on: Jan-24-2011
:ORDER: 1. This criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.395 of 2008 relating to crime No.86 of 2006, dated 06.06.2006 of Station House Officer, Proddatur Police Station, Kadapa District.2. The accused 1 and 3 are the petitioners.3. The facts leading to filing of the criminal petition to quash the above mentioned proceedings may be stated as follows: 4. The second respondent claims to be the tenant of shop bearing door No.4/499 situated at Shivapuram street, Proddatur belonging to Sri Agastheeswara Swamy Temple, Sivalayam Street, Proddatur. There was a dispute regarding the arrears of rent between the second respondent and the authorities of the temple and it was pending as OS No.76 of 2001 in the court of the Senior Civil Judge, Proddatur. Subsequently, an order was passed directing the second respondent to vacate the schedule mentioned shop within 15 days of receipt of the order. The said order was passed by the Deputy Commissioner of En...
M/S Kusalava Finance Ltd., Rep. by Its Manager Sri K. Koteswara Rao Vs ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-24-2011
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite party no.1 is the appellant. The complainant purchased Maruti van bearing registration No.TN 20 AZ 6886 for a consideration of `83,000/- on hypothecation agreement with the opposite party no.1 for the finance to an extent of `50,000/-. The loan amount is repayable in 12 instalments. As per the terms of the hypothecation agreement penal interest liable to be paid on delayed payment. The cheque bearing No.045861 issued by the complainant for `7000/- towards full and final settlement of his loan account was dishonored for insufficient funds in his account. The opposite party no.1 initiated proceedings under Sec.138A of NI Act. 2. The complainant contended that he has paid `1,07,850/- to SM Cars, Chennai and the opposite parties instead of a sum of `92,000/- and as such he had demanded for the refund of excess amount besides for furnishing of no objection certificate and on failure of the opposite party to meet h...
The Manager, Kapil Chit Funds Pvt. Ltd. and Others Vs. Smt. Bypureddy ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-24-2011
ORAL ORDER: (Per Honble Sri Justice D.Appa Rao, President.) 1) These appeals are appeal preferred by the opposite party chit fund company against the order of the Dist. Forum directing it to pay Rs. 36,000/- in C.C. No. 331/2007 and Rs. 75,000/- C.C. No. 361/2007 together with interest and costs. 2) Since the appellants in both the appeals are one and the same, pertains to the amounts covered under the chits, though the Dist. Forum passed separate orders, we are of the opinion that these matters can be conveniently disposed of by a common order. 3) The case of the complainant C.C. No. 331/2007 in brief is that she joined as a member in the chit floated by the appellant for a sum of Rs. 1 lakh payable in 50 instalments at Rs. 2,000/- each commencing from October, 2004. In December, 2005 the appellant has intimated that she became prized chit holder. On that she had informed that she did not participate in the chit. There upon she was compelled to pay arrears of Rs. 14,000/-. Even after...
Vennapureddy Shyamala Vs. Senior Divisional Manager Lic of India
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-24-2011
Oral Order: (Per Honble Justice D. Appa Rao, President) 1) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that she is the wife of late Mallaiah, and during his life time he obtained 7 policies covering the accidental benefit. While so on 4.7.2005 he was murdered. When she made claim it was repudiated on the ground that the death occurred under the influence of intoxicating liquor. It is established principle that the murder shall be treated as an accident, provided the same is not designed or intended. The injury suffered is unexpected. Assailing the repudiation she claimed Rs. 2, 52,865/- accident benefit covered under the policy together with interest @ 12% p.a., besides compensation of Rs. 25,000/- towards mental agony and costs. 3) The insurance company resisted the case. While admitting issuance of policies it alleged that the complainant was not entitled to the amounts as he was murdered when the life assured and the accused were under the influ...
Green Gold Seeds, Rep. by Its Managing Director Kona Surya Prakash Vs. ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-24-2011
D. Appa Rao, President: Oral: 1. This is an appeal preferred by R1 manufacturer of the seeds against the order of the Dist.w Forum directing it to pay compensation and costs to various farmers. 2. The case of the complainants 11 in number in brief is that they are agriculturists and own lands. While complainant Nos. 1 to 4 and 6 to 11 purchased paddy seeds MTU-1061 Green Gold Seeds manufactured by the appellant from its distributor R2 while complainant No. 5 purchased from its distributor R3 at Rs. 420 per kg., during the period from 30.6.2007 to 28.9.2007. After the said seed had sprouted, they transplanted, however, it did not yield as guaranteed viz., 35 quintals of paddy within a period of 150 days. The crop was failed as they were adulterated and spurious. Despite the fact that they had informed to them they did not respond. On that they reported the matter to the agricultural officers who had inspected the fields and found the seeds were defective. Therefore they claimed Rs. 7,82...
T. Kameswara Rao Vs. M/S. Jagannath Builders Rep. by Its Managing Part ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-24-2011
Oral Order: D. Appa Rao, President: 1) This is an appeal preferred by the complainant against the directions of the Dist. Forum in directing him to vacate the premises first in order to receive Rs. 1,95,000/- payable by the respondent. 2) The case of the complainant in brief is that he booked flat No. 102 in a venture floated by the opposite party builder a partnership firm represented by its Managing Partner K. Jagannadha Rao and paid Rs. 1,50,000/- towards initial payment on 16.5.1998. He also paid Rs. 20,000/- on 24.6.1998, Rs. 25,000/- on 17.10.1998. When the respondent insisted for payment of balance of Rs. 55,000/- by letter dt. 13.7.1998 in order to confirm the genuineness of the statement he went to the site and found no construction has been undertaken, and the project has been abandoned. When he addressed a letter demanding refund of the amount the respondent after considering the same directed the office to pay the said amount to him. However, no amount was paid. On which he...
B.V. Ramana Murthy Vs. State Bank of India Parsrama Bhavan Branch and ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jan-21-2011
Oral Order (As per R. Lakshminarsimha Rao, Member) 1. The complainant is the appellant. 2. The appeal is directed against the order of the District Forum in E.A.No.100 of 2007 in C.D.No.604 of 2002. The District Forum passed the order dated 7.7.2008 holding that the respondent deposited entire amount as per direction of this Commission except a sum of `1,000/- awarded by the District Forum towards costs. 3. The District Forum has allowed the complaint by awarding a sum of `10,82,463/- with interest @ 9.5% per annum from 1.4.2001 till payment and a sum of `25,000/- towards compensation besides `1,000/- towards costs. The opposite parties were directed to deposit the interest to the PPF A/c No.156 of the complainant. The appeals F.A.No.1700 of 2005 filed by the opposite parties and F.A.No.1875 of 2005 filed by the complainant were disposed of by a common order wherein relief for compensation of `25,000/- granted by the District Forum was rejected and the complainant was held entitled to ...
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