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Andhra Pradesh Court February 2011 Judgments

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Feb 28 2011

M/S.Hyderabad College of Aviation Technology Vs. Bojja Pardha Saradhi ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-28-2011

Oral Order : (Per Smt. M.Shreesha, Honble Member). Aggrieved by the order in C.C.No.11/06 on the file of District Forum-II, East Godavari , Rajahmundry, the opposite party preferred this appeal. The brief facts as set out in the complaint are that the first complainant is the son of second complainant and he has completed his intermediate in Aditya Junior College, Rajahmundry during the month of March ,2005 . The Chief Instructor of the opp.party by name Mr.P.B.Reddy along with another person by name Mr.Prasad visited Aditya Junior College, Rajahmundry where the first complainant and other co-students were undergoing Eamcet coaching and advertised that they have opened a new Engineering College at Hyderabad under the name and style of Hyderabad College of Aviation Technology especially for Engineering Courses in Aviation Technology and assured that who ever joins their college and obtains a degree in Aeronautical Engineering will have bright future in view of the fast expansion of avia...


Feb 28 2011

Princess Durru Shehvar Children and Gen.Hospital and Another Vs. Md.Na ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-28-2011

Oral Order : (Per Smt. M.Shreesha, Honble Member). Aggrieved by the order in C.C.No.411/2007 on the file of District Forum III, Hyderabad , opp.parties preferred this appeal . The brief facts as set out in the complaint are that the complainants son Md.Moinuddin aged about 18 years while travelling in the train from Gulbarga to Hyderabad slipped from the running train and received serious injuries on his right foot and was admitted in opp.party no.1 hospital on 2.2.2006 at 4.a.m. for immediate medical treatment. The patient was taken under the care of opp.parties 2 and 3 who prescribed various tests and promised that they will take immediate steps and by evening they will conduct surgery. The complainant deposited an advance amount of Rs.20,000/- with opp.party no.1 hospital. The complainant submits that opposite parties 2 and 3 did not perform the surgery by evening as promised and suddenly after 19 hours of long waiting they forcefully discharged the complainants son stating that his...


Feb 28 2011

Balireddy Sudharkar Vs. M/S. Happy Homes Pvt. Ltd. Rep. by Its Managin ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-28-2011

ORAL ORDER: (Per Honble Sri Justice D. Appa Rao, President.) 1)This is an appeal preferred by the complainant against the order of the Dist. Forum directing the respondents to refund the amount instead of ordering registration of the plots. 2) The case of the complainant in brief is that the respondents/opposite parties are doing real estate business and floated a scheme under the name and style of Wild West agreeing to sell plot in an extent of 4,500 sft in Appannapalem village of Kothavalasa, South West of Vizag city on payment of Rs. 1,600/- per month in 50 instalments. He took two plots bearing Nos. 1367 and 1368 and paid Rs. 2,36,000/- by October, 2002. Finding that there was no development he approached R4 at Hyderabad who in turn had agreed to allot plots at Hyderabad in the venture Nature City at Medchal. He agreed for the said proposal. R4 demanded him Rs. 1 lakh each for allotment of plot at Medchal. Since he has no other option he had paid Rs. 1 lakh on 12.9.2003. However, ...


Feb 28 2011

L. Srinivasulu Vs. S. Narasimha Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-28-2011

ORAL ORDER: (Per Honble Sri Justice D.Appa Rao, President.) 1) This is an appeal preferred by Opposite Party No. 2 against the order of the Dist. Forum directing him to install lift, motor system for lift, lay borewell with submersible pump set and acquire site for drainage system already provided , pay Rs. 10,000/- each to complainant Nos. 1, 2, 6 to 8 towards compensation, and Rs. 1,000/- each to complainant Nos. 1,2 and 6 to 8 towards costs. 2) The parties are described as arrayed in the complaint for felicity of expression. 3) The case of the complainants in brief is that R1 is the land owner, and R2 is the builder. The complainants have purchased apartments from them under registered sale deeds dt. 9.8.2006, 26.2.2007 and 26.4.2007 and have been in possession ever since. However, they did not provide drainage system, parking place, place for operating lift system, separate toilet and room for watchman, and painted the building. They learnt that there was no approval from Tirupathi...


Feb 25 2011

M/S.Urmila Mansion Private Limited Vs. the Inspector General of Stamps ...

Court: Andhra Pradesh

Decided on: Feb-25-2011

:ORDER:- 1. Alleging willful disobedience of order, dated 5-10-2010, in WPMP No.30432 of 2010 in Writ Petition No.23783 of 2010 by respondent No.4 in the Contempt Case - i.e., Sri K.Jayakar, the Sub-Registrar, Ibrahimpatnam, Ranga Reddy District - the petitioner in the Writ Petition and the WPMP filed this Contempt Case. 2. The facts in brief leading to filing of this Contempt Case are as follows: The petitioner has filed Writ Petition No.22816 of 2010 with the grievance that respondent No.4 was not receiving the documents presented by it for registration. The said Writ Petition was disposed of by this Court with the direction to respondent No.4 to take appropriate decision on the documents presented by the petitioner under Section 71 of the Registration Act, 1908 within a period of two weeks from the date of receipt of a copy of the order. The petitioner thereafter filed Writ Petition No.23783 of 2010 on the plea that though the period stipulated by this Court for passing order by res...


Feb 25 2011

M. Satya Sudheer and Others Vs. M/S Akruti Constructions Rep. by Its M ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-25-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. Being dissatisfied with the order of the District Forum, the complainants filed the appeal. 2. The case of the complainants as seen from the complaint are that the father of the complainants late M.Krishna Rao, entered into development agreement with the opposite party for his vacant land admeasuring 716 sq.yards in plot nos.44 and 45 of Allipuram and agreed to pay an amount of `35,80,000/-. The opposite party paid an amount of `10 lakh in advance along with registration charges of `32,000/- for 39 sq.yards of the plot. The opposite party paid an amount of `4,20,000/- in the month of August 2000 towards settlement with the sisters of the complainants. As per the agreement the opposite party has to pay the balance amount within 40 months from the date of agreement and also expenses for rent for the complainants to reside and in the event of their failure they have to pay interest @ 18% per mensum on the balance amount and ...


Feb 23 2011

Smt. Prabha Sharma W/O Sri Kishan Dev Sharma and Another Vs. State of ...

Court: Andhra Pradesh

Decided on: Feb-23-2011

:ORDER:  1. This criminal petition has been filed under Section 482 Cr.P.C by A-1- Prabha Sharma and A-2-Kishan Dev Sharma in C.C.No.469 of 2010 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad to quash the proceedings therein.2. Background facts, in a nutshell, leading to filing of this criminal petition by A-1 and A-2 in C.C.No.469 of 2010, are:-The 2nd respondent-Arun Sharma presented a complaint in the Court of X Additional Chief Metropolitan Magistrate, Secunderabad alleging inter alia that he is one of the co-owners and joint possessors of the premises bearing No.5-4- 98, 5-4-99, 5-4-99/1, 5-4-99/2, 5-4-99/3, 5-4-99/4/1, 5-4-4/2 and 5-4- 99/4/3 (Old No.8577/A) admeasuring 636 square yards situated at M.G.Road, Secunderabad by virtue of a registered sale deed dated 4.11.1980. The petitioners herein executed an agreement of sale, dated 27.7.2006 in favour of K.Venkat Reddy and K.Lakshmi Rani forging his signature. The petitioners also forged his signatur...


Feb 23 2011

Gummuluru Sansyasinaidu and Others Vs. State Bank of India

Court: Andhra Pradesh

Decided on: Feb-23-2011

:: 1. The defendants in O.S.No.40 of 1999 on the file of the court of Senior Civil Judge, Narsipatnam are the appellants herein. The suit was filed for a preliminary decree for recovery of Rs.1,78,484/- being the amount due under the loan transaction. 2. According to the case of the plaintiff, the defendant Nos.1 and 2 availed the loan of Rs.35,000/- for poultry business and executed a registered mortgage bond on 30-03-1983 and the amount is payable in 60 instalments commencing from 7th month from the date of execution of the mortgage deed. The 3rd defendant executed a deed of guarantee. As the defendants failed to pay the amount, the plaintiff filed a suit O.S.No.8 of 1985 and a preliminary decree was passed on 25-09-1987 giving three (3) months time for redemption. Thereafter, the plaintiff filed I.A.No.45 of 1994 for passing of the final decree and to condone the delay. The said petition was dismissed on 17-10-1995 holding that the petition is not maintainable. Since there is no fin...


Feb 23 2011

Nallella Mallesham Vs. Aduvala Laxmi Bai

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-23-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by the opposite party against the order of the Dist. Forum directing him to pay Rs. 1,60,000/- . together with interest @9% p.a., from 1.6.2002 till the date of payment, and costs. 2) The case of the complainant in brief is that the appellant has been running M/s. Sri Lakshmi Commercial Finance at Jagitial introduced a scheme in the year 1995 by inviting public deposit amounts as fixed deposits. Accordingly she deposited Rs. 1 lakh covered by 20 deposits each valuing Rs. 5,000/-. It was dated 10.7.1995 with maturity amount of Rs. 10,000/- by 10.7.2001. When she demanded the amount the appellant stated that it had incurred loss, and was unable to pay the maturity amount of Rs. 2 lakhs, however, agreed to pay Rs. 1,60,000/- under letter dt. 15.7.2001. When demanded the appellant refused to refund and therefore filed the complaint for realization of Rs. 1,60,000/- with interest @ 18% p.a., from 15.7.200...


Feb 21 2011

Y.Lakshman Rao Vs. M/S Usha Mullapudi Cardiac Center Rep. by Its Dr.Ra ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Feb-21-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. 2. The brief facts of the case as seen from the complaint are that on 21.12.2005 the wife of the complainant K.Sita lakshmi was admitted in the opposite party hospital for coronary angiogram test. After conducting the test the doctors told the complainant that his wife was suffering from triple vessel disease and the same could not be cured with medicines or with angioplasty and therefore the doctor advised her to undergo bye-pass surgery. The wife of the complainant was suffering from diabetes since 1985 and she had also undergone treatment in Apollo hospital for breathing trouble with high level sugar in the month of December 2001 but inspite of the past history, the opposite party advised for bye-pass surgery. The doctors postponed the operation from time to time on account of the high level sugar and lung infection. After getting the problems under control the bye-pass su...


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