Andhra Pradesh Court July 2011 Judgments
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Dtdc Courier and Cargo Ltd. Rep. by Regional Manager and Another Vs. M ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-26-2011
Honble Justice D. Appa Rao, President 1) This is an appeal preferred the opposite party a courier company against the order of the Dist. Forum directing it to pay Rs. 1,15,000/- together with compensation of Rs. 5,000/- and costs of Rs. 1,000/- 2) The case of the complainant in brief is that he is engaged in supply of medical equipments under the name and style of M/s. Oxy Aid Medical Services and entrusted a life surviving equipment worth Rs. 1,15,000/- to the appellant on 7.2.2007 on payment of Rs. 550/- under consignment note Ex. A1 to be delivered to Medicare Plus situated at Agra. Later he came to know from his customer that the equipment was damaged and it cannot even be repaired. It was totally damaged. Immediately he sent a representation on 12.2.2007 followed by legal notice for which the appellants did not even reply and therefore he filed the complaint claiming compensation of Rs. 1, 15,000/- with interest @ 12% p.a., together with compensation and costs. 3) The appellant re...
Sidda Pullaiah and Others Vs. Yashoda Super Specialty Hospital and Oth ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-26-2011
R.Lakshminarsimha Rao, Member 1. The unsuccessful complainants are the appellants. Feeling aggrieved by the order of the District Forum dismissing their complaint, the complainants filed the appeal contending that the respondents fabricated the case sheet and evidence of Dr.Vijaya Mohan Reddy is of no consequence since he had not treated the patient and he is only a Chief Medical Administrative of the respondent no.1 hospital and that no neurophysician was called for to attend and treat for the Cerebrovascual problem of the patient and that there was negligence on the part of the nursing staff of respondent no.1 hospital as also RW2 M.V.Rao who had not diagnosed the patient with coronary artery disease and triple vessel disease. 2. The wife of the first appellant was admitted to respondent no.1 hospital on 10.12.2004 for the check up of her heart problem. Angiogram was done and she was informed on 11.12.2004 that she was suffering from Coronary Artery disease, triple vessel disease...
Uppuluri Koteswara Reddy and Others Vs. Mogulluri Indira Devei and Oth ...
Court: Andhra Pradesh
Decided on: Jul-25-2011
1. The 1st respondent herein filed O.S.No.162 of 1993 in the Court of Junior Civil Judge, Giddalur against the appellants and respondents 2 and 3 initially for the relief of declaration of title and perpetual injunction in respect of the suit schedule property i.e., an extent of Ac.4.16 cents of land in Survey No.96/1 of Vondutla Village, Besthavaripet Mandal, Prakasam District. According to her, the property was purchased from the 2nd respondent, through a sale deed, dated 11.08.1983 (Ex.A.1) and that ever since then, she is in possession and enjoyment of the property. The cause of action for filing of suit is said to be the interference by appellants 1 and 2 (defendants 1 and 4) and respondents 2 and 3 (defendants 2 and 3) with her possession and enjoyment of the property. 2. Separate written statements were filed by the 1st appellant and 2nd respondent and a common written statement, by the 2nd appellant and 3rd respondent. The gist of their contention was that the 2nd respondent is...
Sri Ganesh Enterprises, Prop: Sri Puripanda Visweswara Rao Vs. M/S. Na ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the complainant against the order granting inadequate amount towards damage to tamarind kept in cold storage. The case of the complainant in brief is that he kept 45 quintals of tamarind in the cold storage of the opposite party on 15-3-2006 worth Rs.60,750/-. Due to improper maintenance, the tamarind was spoiled. Therefore, he addressed two letters demanding the opposite party to reimburse the amount but he did not choose to give any reply. On that, the complainant issued a legal notice followed by the complaint claiming Rs.60,750/- towards cost of tamarind with interest at 24% p.a. together with compensation of Rs.25,000/- and costs of Rs.2,000/-. The opposite party resisted the case. While admitting that the complainant had kept tamarind in the cold storage maintained by it, the allegation that the tamarind was damaged and dis-coloured was denied. In fact, it took utmost care and caution while s...
M/S.Janachaitanya Housing Pvt. Ltd, Rep. by Its Branch Manager and Ano ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the opposite parties/developer against the order of the District Forum directing them to register the plot of an extent of 267 sq. yds. in Sai Vishnu Phase-II at Kottavalasa Village and Mandal, Vizianagaram in the name of the complainant within one month and if they failed to do so to refund Rs.77,000/- paid towards sale consideration together with interest at 18% p.a. together with compensation for financial loss at Rs.75,000/- and further Rs.25,000/- towards mental agony and costs of Rs.3,000/-. The case of the complainant in brief is that in the venture floated by the appellants, he purchased a plot of 267 sq. yds. in Sai Vishnu Phase-II at Kottavalasa Village and Mandal, Vizianagaram by paying altogether Rs.77,000/- under various instalments between 30-9-1998 to 11-1-2004 evidenced under entries in the pass book. When he received a letter dated 07-8-2009 that it was not coming for registration ...
Ashok Residency Flat Owners Welfare Association, Rep. by Its President ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2011
Oral Order (Per Sri R.Lakshminarasimha Rao, Honble Member) Dissatisfied with the order of the District Forum-II, East Godavari at Rajahmundry, the complainant preferred the appeal. The case of the complainant which is a registered association of flat owners of Ashoka Residency complained of violation of terms and conditions of agreement entered into between the opposite party and the complainant. The complainant submitted that the opposite party agreed to construct the flats and received entire amount from the flat owners and also registered the documents. The flat owners were delivered the respective flats in the month of August, 2007 without completing them in all aspects i.e. without attending to the minimum works like flooring in the flats, kitchen inner construction, bath rooms, lavatories and plumbing work. The following are the incomplete works and deviations made in the construction.installed non standard mark unnamed elevator which is not workingoriginally agreed generator, f...
K. Narasimha Raju Vs. National Insurance Company Limited, Rep. by Its ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) The appellant is the unsuccessful complainant. The case of the complainant in brief is that his employer has taken a Group Health Insurance policy covering the period from 12-5-2008 to 11-5-2009. While so on 29-10-2008 when he attended the office and returned and went to his sisters house at 8.00 p.m. he was suddenly stuck with paralysis. He was conscious though he could not get up, immediately he was hospitalized where he spent Rs.41,543/- and Rs.21,113/- in two spells. Therefore, he claimed these amounts together with interest, compensation of Rs.10,000/- and costs of Rs.2,000/-. The insurance company resisted the matter. While admitting the issuance of policy, it alleged that the complainant was not entitled to these amounts as he suppressed the pre-existing disease. One of the terms and conditions of the policy is that during the first two years of coverage, the expenses incurred for Hypertension and other ailments are n...
Smt. G. Neelamma and Another Vs. Gopal Reddy and Another
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2011
ORAL ORDER: (Per Honble Sri Justice D. Appa Rao, President) 1) Appellant is unsuccessful complainant. 2) The case of the complainants in brief is that first complainant is the mother and second complainant is the brother of late G. Narayana Swamy. He is the driver working on the van bearing No. AP-02-U-4399 insured for Rs. 2 lakhs covering the liability of the driver by receiving additional premium of Rs. 100/-. While so when he was driving the van belonging to Op1 on 28.1.2004 the driver of the lorry bearing No. AP-02-U-4412 while driving it in a rash and negligent manner dashed against the van due to which G. Narayana Swamy driver died on spot. When claim was made the insurance company did not repudiate nor settle the claim. They being beneficiaries of the policy entitled to claim compensation, and therefore claimed a sum of Rs. 2 lakhs with interest together with costs of Rs. 5,000/-. 3) Op1 owner resisted the matter. He alleged that he paid Rs. 100/- towards additional premium for ...
Mohamed Osman Sheriff and Others Vs. National Insurance Company, Repre ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Jul-21-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the complainant dis-satisfied with the order of the District Forum in not granting compensation while awarding the amount covered by the policy together with interest. The case of the complainants in brief is that the first complainant is the father and complainants 2 and 3 are the brothers of the deceased, Omar Mohammed Sheriff. The deceased insured his car for the period covering 21-5-2008 to 20-5-2009. While so it met with an accident on 30-6-2008 and the assured along with his mother died. Thereupon a claim was lodged with the insurance company which in turn appointed a surveyor, Mr.Rama Reddy who estimated the damage at Rs.3,19,238/-. However, the insurance company in view of the fact that legal heir certificate was not filed did not settle the claim. Therefore the complainant filed the complaint claiming Rs.3,19,238/- towards vehicle damages, Rs.2,00,000/- towards personal accident together w...
M/S Karshaka Enterprises (Red),rep. by Its Managing Partner Vs. Sri Ga ...
Court: Andhra Pradesh
Decided on: Jul-20-2011
1. The appellant filed O.S.No.7 of 2005 against the respondents in the Court of Senior Civil Judge, Parchur, for recovery of a sum of Rs.1,46,996/-. The amount is said to be balance due under a Khatha maintained by the appellant, regarding purchases made by the respondents, and the interest thereon. It was pleaded that the appellant is a trader in Pesticides and the respondents used to purchase goods from them, from time to time, on regular basis. It was also stated that any amount due, would carry interest at 24% per annum. The respondents are said to have purchased various items of pesticides under credit bills, during 1998-99, and that as on 03-02-1999, a sum of Rs.37,352/- remained unpaid. As against that, they are said to have paid a sum of Rs.500/- on 20-04-2000, and Rs.50/-, on 20-03-2002. It was alleged that in spite of repeated demands, the respondents did not pay the balance and an amount of Rs.1,46,996/-, became due by 18-03-2005. 2. The 2nd respondent, being the proprietor ...
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