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Andhra Pradesh Court March 2011 Judgments

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Mar 29 2011

M/S Sai Ram Builders Rep. by Its Managing Partner Sri Pasala Gangadhar ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-29-2011

Oral Order (As per Sri R.Lakshminarsimha Rao, Honble Member) 1. The appeal is challenge to the order of the District Forum. The parties are referred to as they are arrayed in the complaint. 2. The complainant purchased undivided share through registered sale deeds in the land on which Sai Kyathi Residency was constructed . The complainant purchased flat no.401 in the building constructed by the opposite parties no.1 and 2. The complainant entered on 5.10.2005 into construction agreement with the opposite parties on 5.10.2005. 3. The complainant contends that the opposite parties no.1 and 2 failed to construct and deliver possession of the flat whereby he said to have incurred an expenditure of `4,000/- per month from January 2007. 4. The opposite parties no1. and 2 resisted the claim contending that as per clause 10 of the Construction Agreement the complainant has to bear the delay and maintained that t he delay occurred due to non-availability of material as also on account of non-pa...


Mar 29 2011

The Divisional Manager, Oriental Insurance Company Limited, Santhapeta ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-29-2011

Oral Order (Per Smt.M.Shreesha, Honble Member.) Aggrieved by the order in C.C.No.351/2007 on the file of District Forum, Prakasam Dist. at Ongole, the opp.party preferred this appeal. The brief facts as set out in the complaint are that the complainant purchased Maxicab LMV bearing no.AP 27U 7731 and the said vehicle is insured with the opp.party under policy no.43290/11/188/MV/2006/683 valid from 17.1.2005 to 16.8.2006. On 4.8.2006 the vehicle dashed a tree in Thiparthy Village of Nalgonda Dist and met with an accident while proceeding from Tallur to Hyderabad at 4.30 night hours the vehicle dashed the tree. The police enquired the case and registered the case in Crime No.113/2006. The complainant informed the said accident to opposite party immediately and the people of opposite party visited and noted the damaged vehicle and promised that they have to pay the damage of the accidental vehicle. The complainant got the vehicle repaired at Apple Car Care, Vijayawada and paid an amount o...


Mar 29 2011

Shriram City Union Finance Ltd. Rep. by Its Zonal Manager and Another ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-29-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) The opposite parties Shriram City Union Finance and its Branch Manager preferred this revision against ad-interim order of the Dist. Forum directing them to hand over the seized vehicle after collecting two instalments from the complainants. 2) Revision petitioners without filing counter straight away filed the revision petition alleging that the Dist. Forum ought not to have ordered return of the vehicle without confirming as to the instalments due by the complainants. In fact they committed default in payment of six instalments. The Dist. Forum ought not to have accepted that the complainants had paid two instalments and as such entitled to custody of the vehicle. Granting of ad-interim order is far reaching and no useful purpose would be served even if a contention is made at a later of point of time. 3) The complaints filed the complaint for return of Innova Maxi Cab, compensation and damages of Rs. 2,25,000/- and Rs. 1,97,...


Mar 29 2011

Lic of India, Rep. by Its Divisional Manager and Another Vs. Sri Dummu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-29-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite parties are the appellants. 2. The brief facts as set out in the complaint are that the respondent has taken Money Back Children Assurance Policy for his son D.Lokeswara Rao under policy No.692460874 dated 28.6.2000 for an amount of `75,000/- by paying premium amount of `389/- to the respondents. The period of insurance policy was from 28.6.2000 to 28.6.2018. The premium was paid by way of salary deduction from the respondent and he paid the premium till October 2005. The respondents son died on 14.9.2005 and he had lodged claim enclosing thereto the death certificate etc for which there was no response from the side of the appellants and as such the respondent had got issued notice dated 22.11.2005 to the appellants. 3. The appellants had resisted the claim contending that the money back childrens assurance policy without profits was issued for a sum of `75,000/- in the name of the son of the responden...


Mar 28 2011

N. Prakash Rao Vs. the Superintending Engineer Apseb (Operation Circle ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-28-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that he is the owner of H.No. 7-10-995 and other adjacent houses having power connections bearing S.C. Nos. (1) M4-72117, (2) M4-20371, (3) M4-77139, (4) M4-77030, and (5) M4-17836. He has been paying the monthly bills from time to time regularly. Out of them service connections 1, 3, and 4 belong to him. While so R3 A.E. of electricity board issued a notice dt. 30.1.2008 alleging that S.C. Nos. M4-6207 and M4-29231 would be stopped as there were outstanding arrears of Rs. 11,094/- and Rs. 6,845/- respectively. He threatened that he would disconnect all the above five service connections if the said outstanding amounts were not paid. In fact the S.Cs mentioned above belong to one Smt. K. Bhagya Laxmi W/o. Devender as per the decree in partition suit O.S. No. 16/1975 on the file of Senior Civil Judge, Nizamabad filed by one Krishna Rani wife of bro...


Mar 28 2011

Bajaj Allianz Life Insurance Company Rep. by Its Divisional Manager Vs ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-28-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by R1 insurance company against the order of the Dist. Forum directing it along with R2 its agent to pay Rs. 50,000/- with interest @ 9% p.a., besides compensation of Rs. 5,000/- and costs of Rs. 1,000/- 2) The case of the complainant in brief is that she has deposited an amount of Rs. 50,000/- in cash with the appellant insurance company on 31.1.2007 where R2 was working as Sales Manager. R2 had canvassed for the deposit and on receipt of amount he informed that the policy will be sent in due course. The appellant accordingly issued proposal deposit receipt. Since she did not receive original policy she addressed a letter for which the appellant informed that the cheque issued by her was dishonoured for the reasons insufficient funds. The said dishonoured cheque was not sent by her. Thereupon she issued legal notice to both of them. While the appellant did not give any reply , the notice issued to R...


Mar 28 2011

Country Vacations, a Division of the Country Club India Limited Vs. Im ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-28-2011

Oral Order (Per Smt.M.Shreesha, Honble Member.) Aggrieved by the order in C.C.No.608/09 on the file of District Forum-1, Hyderabad, the opp.party preferred this appeal The brief facts as set out in the complaint are that the complainant has received a telephone call from opp.party party and was informed that he won a gift and requested to visit their office at Amrutha Castle, Saifabad, Hyderabad to receive the gift. When the complainant visited the opp.party office to receive the gift she was explained about the Time Shares in the resorts of opp.party and also the advantages of Time Share. She was informed that a Time Share holder is entitled to avail a week holiday trip every year in the resort of opp.party for a period of 33 years and also at discounted prices at the resorts/hotels of opp.party and in addition to that a plot of 200 sq. yards will be allotted at Hyderabad. Believing the words of opp.party, the complainant paid a sum of Rs.85,000/- on 5.6.2003 to opp.party towards purc...


Mar 28 2011

Dr. Kuttan Pillai Bhaskaran and Another Vs. State Bank of India Rep. b ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-28-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) Appellants are unsuccessful complainants. 2) The case of the complainants in brief is that the opposite party State Bank of India had sanctioned housing loan of Rs. 6,50,000/- at 8% fixed rate of interest per annum on 16.12.2004 to construct a house. They had to repay the same at Rs. 7,885/- p.m. spread over a period of 10 years. It would commence from May, 2006. They had issued 25 post dated cheques (PDCs) however the PDCs submitted in December, 2004, July, August and September, 2005 were returned. They had paid Rs. 36,665/- towards interest. Cash payment of Rs. 4,000/- was not credited and it was diverted to elsewhere for which several representations were made. The PDCs that were handed over from 5/2006 to 10/2006 were not encashed despite their repeated requests. They had occupied their house on 3.6.2006 with an intimation to the bank. As desired by it they issued a declaration to transfer Rs. 8,000/- with effect from 10.11...


Mar 28 2011

A. V. Prasad Vs. Home Line Construction Rep. by Its Managing Partner a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-28-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) The appellant is unsuccessful complainant. 2) The case of the complainant in brief is that he entered into a tripartite agreement of sale and construction on 14.7.2003 with the respondents including the vendors of the land. The respondent agreed to construct the house with some specifications. The respondent handed over possession in the month of May, 2004 on which he has issued no due-cum-possession certificate. However, to his dismay he observed some major cracks in the internal walls which could be seen even from outside. By the end of June, 2005 he observed that flooring in two bedrooms was shrunk. He informed the same to respondent who in turn deployed their men to rectify the mistake. They made a temporary repair. The hall and other remaining areas were affected with same problem. At the time of repair work he observed dust comprising of crushing material was filled in majority instead of filling up with concrete and ceme...


Mar 25 2011

P.Durga Rao Vs. State of Andhra Pradesh

Court: Andhra Pradesh

Decided on: Mar-25-2011

1. The petitioner is the son of the detenue Smt. Polisetti Lakshmi,wife of late Kondaiah, resident of Ayyappanagar, Rajahmundry, East Godavari District. He has filed this Writ Petition seeking issuance of a Writ of HabeausCorpus directing to set the detenue at liberty by setting aside the order of detention made by the 2nd Respondent-District Collector-cum-District Magistrate, East Godavari District in File Rc.No.C1(M)/496/2010, dated 22.06.2010, as confirmed by the State Government by orders in G.O.Rt.No.4063, General Administration (Law and Order.II) Department, dated 13.08.2010. 2. Activities alleged against the detenu as set out in the order of detention, dated 22.06.2010 are:The detenu was involved in committing the offences of possession, transport, sale of illicitly distilled liquor in contravention of Section 8 (3) read with Section 7-A of the A.P. Prohibition (Amendment) Act, 1997 and also abating the commission of the said activities; that the said activities are directly cau...


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