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Andhra Pradesh Court July 2011 Judgments

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Jul 18 2011

M/S. Ennar Marketing Rep. by Its Proprietor Rajesh Agarwal Vs. Icici L ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-18-2011

ORAL ORDER: (Per Honble Sri Justice D. Appa Rao, President) 1) Appellant is unsuccessful complainant. 2) The case of the complainant in brief is that he got his car insured with the respondent insurance company for a sum of Rs. 3,55,488/- commencing from 28.12.2006 to 27.12.2007. While so on 9.8.2007 at about 8.30 hours near Malkapuram of Nalgonda district it met with accident. The said fact was informed to the insurance company. A surveyor was deputed. He inspected the vehicle, and suggested for repairs by sending it to an authorised service centre though it was beyond scope of repairs. Accordingly it was shifted to M/s. Acer Motors, an authorised Maruti Service Centre, Secunderabad. It has estimated at Rs. 4,23,112.03 ps. Again service estimate was done and as per the estimate an amount of Rs. 4,22,628.52 was noted for repairs. Since the repair charges were more than the price of the vehicle he sought the same to be treated as total loss. However, the insurance company by its letter ...


Jul 18 2011

G. Mariyamma and Another Vs. Dr. P. Rajasekhar, Md (General) Asst. Pro ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-18-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) These cross-appeals viz., F.A. 259/2009 preferred by the complainant against inadequacy of compensation awarded, while the respondent doctor filed F.A. 508/2010 against very awarding of compensation. 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 complainant in brief is that she is 70 years old senior citizen having good health. While so, on 1.2.2006 at about 9.30 p.m. when she got some burning sensation in her stomach due to acidity she went to opposite party clinic for treatment. He took her B.P which showed 180/100 mm Hg. It might be due to her anxiety due to burning sensation. After conducting tests however without asserting her age he had conducted tests like ECH, Echo, TMT etc. and administered directly heavy doses of Prozopress XL 2.5 mg along with Cyra 20 mg for acidity. In fact the medi...


Jul 14 2011

M.Savithri Bai Vs. M/S. E.Bahamian and Brothers and Another

Court: Andhra Pradesh

Decided on: Jul-14-2011

1. Heard the learned counsel appearing for the petitioner and the second respondent. 2. The brief facts alleged in the affidavit filed by the petitioner in support of the contempt petition may be stated as follows: 3. The respondents obtained the schedule premises on lease and when there was willful default in payment of rent by the first respondent-tenant and when the petitioner required the premises for his personal use, he was constrained to file R.C.No.194 of 2006 on the file of the Principal Rent Controller, Secunderabad. On contest and on considering the merits of the case, the learned Rent Controller ordered eviction on the ground of bona fide requirement for personal occupation by his order dated 31.03.2008. Against the said order, the second respondent filed R.A.No.89 of 2008 on the file of the Chief Judge, City Small Causes Court, Hyderabad which was dismissed by judgment dated 19.10.2009. Again feeling aggrieved by the said judgment, the second respondent filed C.R.P.No.5998...


Jul 13 2011

Vanukonda Madhu Kumar Vs. M/S. Tirumala Chits (Regd.), Rep. by Its For ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-13-2011

Smt.M.Shreesha, Honble Member Aggrieved by the order in C.C.No.213 of 06 on the file of District Forum, Karimnagar, the complainant preferred this appeal. The brief facts as set out in the complaint are that the complainant joined opposite party chit fund and subscribed two chits of Rs.3 lakhs each, the monthly instalments being Rs.7,500/- per month for 40 months. Both the chits were allotted the same ticket no.T.T.4/1 and commenced from 20.5.05. The complainant paid 18 instalments in each chit i.e. Rs.1,57,320/-. He participated in an auction on 20.6.05 and became the successful bidder and issued two separate cheques for Rs.80,000/- and also promissory note as security for release of the prize amount. After completion of all formalities, opposite party issued a cheque for Rs.1 lakh which was dishonoured due to insufficient funds. Inspite of several requests, the opposite party did not pay the amounts. Hence the complaint seeking direction to the opposite party to pay Rs.1,57,320/- alo...


Jul 13 2011

Sri Rama Fertilizers and Depot Rep. by Its Proprietor and Others Vs. V ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-13-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) These appeals five in number are preferred by the dealer and manufacturer of hybrid cotton seeds Ops 1 and 2 respectively. 2) Though the Dist. Forum passed separate orders on the complaints filed by various complainants alleging that they had sustained loss due to supply of defective hybrid cotton seeds since common questions of fact and law arise, we are of the opinion that all these appeals could be disposed of by a common order. 3) The complaint in C.D. 139/2006 is taken as representative case for felicity of expression. 4) The case of the complainant in brief is that he purchased 450 gms of Satya (SCH-619) hybrid cotton seeds from the dealer Op1 manufactured by Op2 for an amount of Rs. 557/- when he assured that he would get yield between 8 and 10 quintals per acre. He sowed the seeds in an extent of Ac. 1.00 cents of his land, took all precautionary measures but he found that there was no proper yield. On that he complaine...


Jul 11 2011

M/S. Pardha Saradhi Real Estates Rep. by Its Managing Partner P. Venka ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-11-2011

Oral Order: (Per Honble Justice D. Appa Rao, President) 1) This is an appeal preferred by the opposite party developer against the order of the Dist. Forum directing it to localize the site as per the plan Ex. A2 register the same in favour of the complainant and pay compensation of Rs. 5,000/- together with costs of Rs. 1,000/-. 2) The case of the complainant in brief is that he joined as a member in the venture floated by the appellant for sale of plots and accordingly he paid Rs. 12,000/-. He became successful prize winner in the draw of lots conducted by the appellant and therefore he was entitled to get the plot registered in his favour. 3) The appellant was set-exparte when an endorsement was made on the cover that he is continuously absent besides substitute service by way of paper publication in Vaartha daily newspaper. Basing on the affidavit evidence and Exs. A1 pass book issued by the appellant to the complainant, Ex. A2 photostat copy of the plan and Ex. A3 letter of appell...


Jul 11 2011

P. Srinivas Vs. M/S. Deewan Housing Finance Corporation Rep. by Its Ma ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-11-2011

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 he applied for housing loan from the respondent housing finance corporation. He submitted the documents on 9.4.2001, basing on which it has sanctioned loan of Rs. 4,40,000/-. On 4.4.2001 it had advised the complainant to pay an amount of Rs. 4,500/- by way of account payee cheque payable at Mumbai towards administrative fee and Rs. 4,300/- towards processing fee, which he accordingly paid. Despite his repeated requests loan disbursement was not made. He had submitted several original documents besides LIC policy of Rs. 50,000/-, thirty six post dated cheques and one month EMI in advance. Since the loan amount was not disbursed he sought for return of his documents for which the respondent sent a letter dt. 10.3.2005 stating that as he did not submit the required documents, the amount could not be released. The acknowledgement dt. 4.4.200...


Jul 08 2011

Pallapu Mohanarao (Died) Per Lrs Vs. Thammisetty Subba Rao and Others

Court: Andhra Pradesh

Decided on: Jul-08-2011

1. The 1st respondent filed O.S.No.229 of 2005 in the Court of Principal Senior Civil Judge, Ongole, against the respondents 2 and 3 for the relief of specific performance of agreement of sale in respect of the suit schedule property, a rice mill. Petitioners 2 to 4 are the children, and petitioner No.5 is the wife of the 2nd respondent, i.e. the 1st defendant. They filed I.A.No.520 of 2008 under Order 1 Rule 10 C.P.C., with a prayer to implead them as defendants. It is pleaded that the 2nd respondent herein colluded with the 1st respondent, the plaintiff, who is none other than his brother-in-law and got filed the suit, to knock away the joint family property. They also stated that the alleged agreement of sale is inoperative in law. Reference was made to a decree dated 25-01-2008 in O.S.No.102 of 2007 passed by the Court of Additional Senior Civil Judge, Ongole, for partition between themselves and the respondents 2 and 3, in respect of various items, including the suit schedule prop...


Jul 08 2011

The Branch Manager Andhra Bank Addanki, Prakasham Dist. Vs. Smt. Machu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-08-2011

ORAL ORDER: (Per Honble Sri Justice D. Appa Rao, President) 1)This is an appeal preferred by the opposite party bank against the order of the Dist. Forum directing it to pay Rs. 2 lakhs covered under A.B. Jeevan Abhaya Scheme together with compensation of Rs. 2,000/- and costs of Rs. 1,000/-. 2) The case of the complainant in brief is that her husband late Mutchumari Konda Reddy opened a savings bank account on 26.5.2006 with the appellant bank wherein she was kept as nominee. As per the conditions in case of natural death of account holder an amount of Rs. 1 lakh would be paid and in case of accidental death double the benefit would be paid. It had a tie up with the insurance company which would provide the insurance facility to the customers for their welfare. The bank had to pay the premium to the insurance company and had to renew it periodically. The complainants husband opened an account, and as such she is entitled to the benefits. While so on 27.12.2007 her husband died in an a...


Jul 08 2011

Consumers’ Guidance Society Vs. Lakkam Eswar Reddy, Proprietor an ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jul-08-2011

Oral Order :(Per Smt.M.Shreesha, Honble Member) F.A.1629 of 08: Aggrieved by the order in C.C.No.1/08 on the file of Dist. Forum-II, Krishna Dist. , the complainant preferred this appeal. The brief facts as stated in the complaint are that one Sri K.P.Ravindran rep. by the complainant i.e. Consumers Guidance Society herein purchased Flat no.GF8 for a total sale consideration of Rs.8 lakhs from opp.parties 1 and 2 vide agreement dt.21.11.05 and got executed the sale deed on 15.12.05. Opposite party no.1 endorsed receipt for Rs.6 lakhs in the registered sale document but did not issue receipts for the balance amounts. The complainant submits that opposite party no.1 provided only 697 sq.ft. as against the guaranteed plinth area of 780 sq. ft. and also did not provide the car parking and several other amenities. The complainant submits that opp.parties 1 and 2 used substandard and non ISI electrical wiring, fixtures and water pipes resulting in seepage of water, deviated from the approved...


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