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Andhra Pradesh Court March 2011 Judgments

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Mar 21 2011

Sri U.M.Bhandari Vs. M/S Country Club (i) Pvt. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-21-2011

Oral Order (As per Sri R.Lakshminarsimha Rao, Honble Member) 1. The complainants are the appellants. The respondent club offered them to subscribe in their RCA card scheme by making payment of `2,35,000/- whereon a benefit of `40,000/- and other concessions attached to the membership card would be extended to them. The appellants and the respondent entered into an agreement on 19.12.2005. The appellants stated to have given understanding that they would get concession in domestic flight air charges. The appellants sought for refund of the amount and surrendered their membership cards. The appellant had got issued notice dated 3.4.2005 with a request for refund of the amount. 2. It was contended on behalf of the respondent club by filing counter that it had not offered any concession in International Flight charges to the appellants and that it had not received a sum of `45,000/- from them. It was submitted that there was no deficiency in service on the part of the respondent club. 3. T...


Mar 18 2011

N.V.R. Constructions. Vs. the General Manager,silk Road Sugar Pvt., Lt ...

Court: Andhra Pradesh

Decided on: Mar-18-2011

1. Heard the learned counsel for the petitioner Sri G. Krishna Murthy and Sri V.L.N.G.K. Murthy, the learned counsel for the respondents.2. The revision is directed against the order of the learned III-Additional District Judge, Kakinada dated 29-07-2010 allowing I.A.No. 1113 of 2010 in O.S.No. 46 of 2010 filed by the respondents herein as an application under Section 8 of Arbitration and Conciliation Act, 1996 ( for short 'the 1996 Act'), seeking referral of the dispute presented in O.S.No. 46 of 2010 by the revision petitioner, to an Arbitrator.3. The suit is filed by the revision petitioner seeking recovery of an amount of Rs.74,44,113-00 and with subsequent interest at 24% per annum from the date of the suit till realization and award costs of the suit, claiming the amount as due from the respondents herein (defendants) in the suit for the work done by the plaintiff as per a service order issued by the respondents herein and for failure in paying the said amount under the bills sub...


Mar 18 2011

The Branch Manager Hdfc Bank, Mosque Road Tirupathi Rep. by Its Author ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by the bank, opposite party against the order of the Dist. Forum directing it to pay Rs. 9,279/- together with compensation of Rs. 2,000/- and costs of Rs. 500/-. 2) The case of the complainant in brief is that he is a customer of appellant bank availed personal loan of Rs. 50,000/- on 11.10.2006 wherein he had to discharge the loan in 20 Equated Monthly Instalments (EMI) commencing from 7.11.2006 at Rs. 2,569/- and the last instalment being 7.10.2008. As per the repayment schedule dt. 13.10.2006 the total amount with interest came to Rs. 61,656/-. He had to maintain a minimum balance of Rs. 3,000/- in order to provide adequate balance to encash the cheques on due dates on 7th of every month. He also furnished security for discharge of loan amount of his wife an employee. He delivered 24 cheques in advance for payment of EMIs on schedule dates. Though he was making payments regularly on due dates the...


Mar 18 2011

Dr.V.Ravinder Reddy, Mbbs. Vs. Gunda Upendramma and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-18-2011

Oral Order (As per Sri R.Lakshminarsimha Rao, Honble Member) 1. The opposite party is the appellant. 2. The brief facts of the case as seen from the complaint are that the wife of the respondent no.1 was admitted at 9 p.m. on 11.4.1997 to the appellant nursing home for delivery. The appellant conducted operation upon the wife of the 1st respondent and she delivered a male baby. After the operation as there was loss of blood, the appellant informed the respondent no.1 for supply of blood from the brothers and sisters of the patient. Immediately the respondent no.1 engaged jeep and brought the sister of the patient and the blood was transfused to the patient. After blood transfusion the patient went in coma and her condition became serious. The appellant asked the respondent no.1 to shift the patient to CKM Hospital, Warangal. The doctors at CKM Hospital refused to admit the wife of the respondent no.1 as her condition was serious. The compounder of the appellant who accompanied the pati...


Mar 17 2011

Muppasani Siva Parvathi Vs. the District Collector, Krishna District M ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-17-2011

Oral order:(Per Honble Justice Sri D.Appa Rao, President) This appeal is filed against the order of return of complaint even before admission. Having perused the record instead of again ordering notice to respondents and to save time, we are of the opinion that in the first place, the District Forum ought not to have returned the complaint on specious grounds namely, that the deceased did not pay any premium and it has no territorial jurisdiction and that the Electricity Department must be added as a party etc., Primarily the relief sought was that the families of sheep rearers are covered by social welfare insurance scheme and if the death occurred accidentally, they are entitled to ex-gratia of Rs.1,00,000/- for claim of ex-gratia the question of payment of premia does not arise. Apart from it there is no reason as to why the District Forum should say that the complainant has to file the complaint at some other place when she along with her husband are residents of Jaggiahpet, Krishn...


Mar 17 2011

The Superintending Engineer, Operations, Apepdcl, Eluru, West Godavari ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-17-2011

Oral order:(Per Honble Justice Sri D.Appa Rao, President) Having heard the learned counsel for the appellants and after perusing the record, we are of the opinion that the matter can be disposed off at the stage of admission. The electricity board while preferring the appeal against the order of the District Forum not only filed an application to condone the delay of 144 days under Section 15 of C.P.Act but also filed an application under Section 148 of C.P.C. to condone the delay of 1005 days in representation on the ground that the earlier counsel inadvertently misplaced the same and subsequently the concerned official has enquired and thereafter the matter was entrusted to the present counsel and therefore the delay and prayed to condone the same. In the light of above plea, we do not wish to order any notice to the respondent as no improvement could be made by the petitioners/appellants and that Civil Rules of Practice or provisions of Limitation Act do not apply to the proceedings...


Mar 17 2011

Viral Constructions, a Proprietory Concern Rep. by Its Proprietor Mula ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-17-2011

Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The opposite parties in C.C.No.1063 of 2005 are the appellants. The parties are referred to as they are arrayed in the complaint. 2. The case of the complainant as narrated in the complaint is that the complainant entered into an agreement of construction on 3.5.2003 with the opposite party no.1 whereby the opposite party no.1 agreed to construct a flat bearing no.1 in the first floor in Sai Gowthami Residency. The opposite parties made representations to the complainant that the opposite party no.1 had obtained due approval from the owner of the land to execute sale deeds. The complainant had paid `1,50,000/- on 3.5.2003 to the opposite party no.1 and thereafter on various dates the complainant paid a total amount of `4,89,568/- inclusive of `1,50,000/-. Having taken ample time, the opposite party no.1 had not completed the construction or handed over the flat to the complainant in accordance with the terms of the agreem...


Mar 17 2011

Bajaj Allianz General Insurance Co. Ltd., Vs. Chilipi Lakshmi Kanthamm ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-17-2011

Oral Order ( per Honble Justice Sri D.Appa Rao, President.) This is an appeal preferred by the insurance company against the order of the District Forum directing it to pay Rs.20,000/- together with costs of Rs.1,000/-. The case of the complainant in brief is that he is a tobacco grower having Ac.4.00 of land in Chandrapadu village raising tobacco regularly. He also owns a tobacco barn which was insured for Rs.1,00,000/- with the appellant. While so, due to heavy rains between 21-6-2007 to 23-6-2007 the barn was completely damaged and the same was informed to the appellant who deputed a surveyor. The complainant got estimated the loss at Rs.63,200/- towards iron pipes, trusses, cement, sand, foundation stones, bricks, labour etc., Since nothing was heard from the insurer, he claimed Rs.63,200/- towards loss of the tobacco barn besides compensation of Rs.10,000/- for mental agony and costs. First opposite party resisted the case. However, it admitted that there were heavy rains and the ...


Mar 16 2011

M.S.N.Raju and 16 Others Vs. Mandal Revenue Officer, Jami Mandal,vizia ...

Court: Andhra Pradesh

Decided on: Mar-16-2011

:ORDER: 1. The relief sought for in this Writ Petition is to declare the action of the respondents in not delivering possession of the lands, after granting ryotwari pattas, pattadar pass books and title deeds to the petitioners under the provisions of the A.P. (Andhra Area) Abolition of Inams and Conversion into Ryotwari Act, 1956 and the A.P. Rights in Land and Pattadar Pass Books Act, 1971, even after clearance of the subject lands from the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 as per the orders of the Land Reforms Tribunal in C.C. No.356 of 1975 dated 09.09.2003, as arbitrary and illegal. A consequential direction is sought to the respondents to deliver possession of the lands, situated in T.D. No.1277 of Thandrangi Village, Jami Mandal, Vizianagaram District, to the petitioners as per the demarcation and identification contained in their ryotwari pattas. 2. It is the petitioners' case that late P.V.G. Raju, erstwhile Maharaja of Vizianaga...


Mar 16 2011

Mittapalli Amaralinga Ramakrishnaiah Vs. the S.B.i. Life Insurance Com ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-16-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that his mother Smt. Mittapalli Radha was an account holder in the respondent state bank of India. She died on 25.6.2006 due to chest/heart pain. During her life time she borrowed Rs. 3 lakhs towards house repairs. The house was insured by the bank for Rs. 3,25,000/-. She paid premium of Rs. 16,875/-. On that R1 issued S.B.I Life Super Suraksha policy for housing loan borrowers of SBI group on 14.6.2006. On which she repaid 1st instalment of Rs. 4,500/- to R2. Despite information of death along with death certificate etc., and six months were elapsed the claim was not settled. On that he issued registered notice, however they did not respond. Alleging deficiency in service he claimed the loan amount of Rs. 3 lakhs together with interest @ 24% p.a., pay damages of Rs. 50,000/- besides Rs. 25,000/- towards mental agony and Rs. 10,000/- towards costs...


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