Andhra Pradesh Court February 2011 Judgments
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N. Siva Rama Krishna Prasad and Others Vs. the United India Insurance ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Feb-21-2011
Oral Order: (Per Honble Justice D. Appa Rao, President) 1) These cross-appeals F.A. 940/2009 preferred by the complainant against inadequacy of the amount granted, while the insurance company filed F.A. 1303/2008 against the very order of granting the amount covered under the policy. 2) Since both these appeals arise out of the same order the parties are described as arrayed in the complaint for felicity of expression and to avoid confusion. 3) The case of the complainants in brief is that they had taken an insurance policy for Rs. 25 lakhs covering the period from 8.1.2007 to 7.1.2008. While so there was heavy rain fall from 21.6.2007 to 23.6.2007 due to which the building was totally damaged. Though the loss was more than Rs. 10 lakhs they had restricted their claim to Rs. 6,40,000/-. They had spent about Rs. 7 lakhs approximately and got the repairs effected. Despite their intimation followed by notice the insurance company sent a voucher for Rs. 39,981/- towards full and final sett...
The Superintending Engineer Northern Power Distribution Company Ltd. K ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Feb-21-2011
ORAL ORDER: (Per Honble Sri Justice D.Appa Rao, President.) 1) This is an appeal preferred by the opposite party electricity board against the order of the Dist. Forum directing it pay Rs. 2 lakhs with interest @ 9% p.a., from the date of filing of complaint together with costs of Rs. 1,000/-. 2) The case of the complainant in brief is that she is a subscriber of domestic service connection No. 92 category SC/B3 for the house bearing No. 2-1/41, Bahadoorkhanpet village of Karimnagar mandal. In January, 2007 there was fluctuation of power in the village. Despite their complaint the appellants did not take any action. While so on 15.1.2007 at about 8.00 p.m. when the complainants husband put on the switched on the light due to passing of high voltage of electricity he was electrocuted and fell down. Immediately he was shifted to government hospital . He died on the same day while undergoing treatment. She learnt that due to high voltage and electric short-circuit T.Vs and cell phones etc...
Heerakar Baloji Vs. Kaleru Venkataiah and Others
Court: Andhra Pradesh
Decided on: Feb-18-2011
:: 1. The plaintiff in O.S.No. 40 of 1984 on the file of the Subordinate Judge, Bhongir, is the appellant herein.2. The suit was filed for preliminary decree for redemption of the plaint schedule ornaments, which were pledged towards the loans and on determination of amount payable, to direct the defendant to return the same. 3. According to the case of the plaintiff, the 2nd defendant is the son of the 1st defendant. On 22-05-1975 the plaintiff obtained a loan of Rs.2,000/- from the 1st defendant and pledged the schedule property ornaments and a document was executed. Subsequently, on 05-06-1975, on 28-06-1975 two loans of Rs.2,000/- each were obtained on the same pledge and defendant No.1 gave plaintiff a small chit signed by the 2nd defendant showing the principal amount as Rs.6,000/-. The rate of interest agreed was 6% per annum. As the plaintiff's financial condition went on dwindling day by day, he could not redeem the pledge by paying the loan amount. About four months prior to ...
Bangaru Koteswaramma and ors. Vs. G.Srinivasa Rao and ors.
Court: Andhra Pradesh
Decided on: Feb-18-2011
::- 1. The appellants' herein are assailing order dated 15.02.2007 passed in W.C.No.128 of 2004 by the Commissioner for Workmens' Compensation and Assistant Commissioner of Labour, Vijayawada ('the lower authority', for brevity). The first appellant is the wife of Bangaru Madhusudhan Rao (the deceased), who died on 12.07.2004 while driving a trailer bearing registration No.KA 08 B 5279. The second appellant herein is the son of the deceased and the first appellant. The third appellant is the father of the deceased. They filed an application under Section 22 of the Workmen's Compensation Act, 1923 ('the Act', for brevity) claiming a compensation of Rs.3,50,000/- before the lower authority for the death of the deceased. The first respondent is the owner of the said trailer and the second respondent is the Insurance Company with which the trailer was insured during the relevant period. 2. The brief facts of the case are as follows:- The deceased was working as the driver under the first r...
M.R. Rajesh Vs. Dulipalla Sambasiva Rao and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Feb-18-2011
Oral order: D. Appa Rao, President: This is an appeal preferred by complainant No.4 against the order of the District Forum in C.C.No.1039/2007 dated 04/8/2008 directing him to pay Rs.88,000/- in order to get the original sale deed along with necessary link documents from the opposite party. The case of the complainant in brief is that complainants 1, 3 and 4 purchased 220 sq. yds. each and complainant No.2 purchased two plots of 200 sq. yds. each at a cost of Rs.1500 sq. yd. comprising of Rs.1300/- sq. yds. towards cost of site and Rs.200/- towards development work as per DTCP norm payable in instalments. Accordingly the instalments were paid but when no developmental activities took place and after a several complaints, the opposite party agreed orally for registration of respective plots on payment of Rs.1400/- comprising of Rs.1300/- towards site cost and Rs.100/- towards development charges assuring that it would develop and on so developing, the remaining balance of Rs.100/- coul...
M/S. Sai Jitesh Constructions (P) Limited Vs. Y. Vijayalakshmi and Ano ...
Court: Andhra Pradesh
Decided on: Feb-15-2011
:ORDER: 1. This application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to adjudicate the claims of the applicants against the respondents.2. The applicant herein claims to be a company engaged in the business of construction and development of land for the purpose of construction of multi- storeyed complexes. It is stated that the respondents herein who are the owners of the property bearing No.5-2-210 to 212, No.8, Distillery Road, Secunderabad, entered into a Registered Development Agreement-cum-General Power of Attorney, dated 15.04.2006 with the applicant for the purpose of construction of 2nd to 4th floors on the said property and as per the agreed terms the applicant obtained the required permissions to proceed with the construction. Thereafter the parties had entered into supplementary agreement dated 8.2.2008 whereby the constructed areas were divided among the parties. According to the applicant, the respond...
Matta Rambabu R/O Vijayarai Vs. State of A.P.
Court: Andhra Pradesh
Decided on: Feb-14-2011
:ORDER: 1. This revision is directed against the judgment dated 4.2.2004 passed in Criminal Appeal No.102 of 2002 on the file of V Additional District & Sessions Judge, Fast Track Court, West Godavari at Eluru, whereby and whereunder, the learned Sessions Judge while confirming the conviction of the accused Matta Rambabu for the offence under Section 138 of the Negotiable Instruments Act passed in C.C.No.142 of 2001 on the file of the II Additional Judicial First Class Magistrate, at Eluru reduced the sentence of imprisonment from one year to six months and imposed a fine of Rs.1,000/- in addition to sentence of imprisonment. 2. Brief facts of the case, in a nutshell, are:-The 2nd respondent is the complainant and the petitioner is accused in C.C.No.142 of 2001. The complainant presented a complaint before II Additional Judicial First Class Magistrate, Eluru for the offences under Sections 138 and 142 of N.I. Act alleging inter alia that the accused borrowed an amount of Rs.60,000/- fr...
Ms. Chandana Brothers Shopping Mall, Re Vs. Ms. Urvasi Enterprises,
Court: Andhra Pradesh
Decided on: Feb-14-2011
ORDER: 1. This Civil Revision Petition arises out of order dated 5-1-2012 in I.A.No.928/2011 in O.S.No.584/2009 on the file of the learned I Additional Senior Civil Judge, Rajahmundry. 2. The petitioner is a third party to the above mentioned suit instituted by respondent Nos.1 and 2, for multiple reliefs. Respondent Nos.1 and 2 also filed I.A.No.1239/2009 in the said suit and obtained an order of interim injunction. Some of the reliefs claimed in the said suit are as under: "d. for granting permanent injunction restraining the defendants from entering into any contracts or transactions whatsoever in respect of the plaint schedule properties. e. 3. for granting a permanent injunction against the defendants restraining them, their representatives and their agents from ever interfering with the 2nd plaintiff's management and control of plaint B schedule property." The petitioner has purchased plaint B schedule property from respondent Nos.3 to 6/defendant Nos.1 to 4, pendente lite. Respo...
United India Insurance Co. Ltd.Hyderabad and Another Vs. Union of Indi ...
Court: Andhra Pradesh
Decided on: Feb-11-2011
:: 1. This appeal is directed against the judgment and decree dated 8.3.2002 passed in O.S.No.51 of 1993 on the file of III Senior Civil Judge, City Civil Court, Secunderabad, whereby and whereunder, the learned Senior Civil Judge dismissed the suit of the plaintiffs. 2. The appellants are the plaintiffs and the respondent is the defendant in O.S.No.51 of 1993 on the file of III Senior Civil Judge, City Civil Court, Secunderabad. The plaint averments, in brief, are:- The 1st plaintiff carries on business in general insurance. The 2nd plaintiff is owner of crane. It insured crane with the 1st plaintiff. The 2nd plaintiff was awarded a contract by M/s. National Thermal Power Corporation, Ramagundam ("NTPC"). On 17.12.1989, when the crane was at work site in the premises of NTPC, a rake of 33 fully loaded coal wagons rolled down on the track and dashed the iron gate, went on abandoned track and dashed the crane. As a result, the crane and its fabricated structure got damaged substantially...
M/S. Sai Laxmi Constructions Rep. by Its Managing Partner V. Suresh an ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Feb-11-2011
Oral order: D. Appa Rao, President: Having heard the counsel for petitioners and having perused the record, we are of the opinion that the matter can be disposed at the stage of admission. The opposite parties preferred this appeal against the order of the District Forum dated 18-1-2006 wherein a directions were given to rectify water leakages in corridors, walls, roofs and pipelines, to demarcate all car parking slots, hand over all legal documents including original bills, link documents, occupancy fitness certificates etc. to the President of the complainant association and to reimburse Rs.1,924/- towards municipality tax together with compensation of Rs.5,000/- and costs of Rs.1,000/-. Along with the appeal, they filed an application to condone the delay of 1500 days almost 4 years on the ground that there was communication gap between them and the counsel and in fact they could know of the order only after receipt of N.B.Ws. in E.A.No.13/2006. Considering the enormous delay, we s...
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