Andhra Pradesh Court August 2011 Judgments
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Smt.J.Manorama Retired Lecturer Vs. the Branch Manager, Life Insurance ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-30-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) The unsuccessful complainant is the appellant. The case of the complainant is that she has taken Jeevan Suraksha (Endowment Funding) Policy. Under the said policy, she had to pay Rs.11,035/- towards yearly premium. The policy commenced from 09-2-2001 and matured on 09-2-2006. However after completion of maturity period, the respondent sent the amount through cheques on different dates, stating that the amount was towards monthly pension. Alleging that she was entitled to lumpsum amount, she filed the complaint claiming the amount together with interest and costs. The insurance company resisted the case. While admitting that the issuance of policy, it alleged that if the policy holder predeceases before the date of commencement of instalments of annuity, then the death claim amount will be paid to the nominee. She has an option to surrender the policy before the date of vesting of Annuity under the policy but not after the date o...
M/S.Jana Harsha Estates Construction Pvt.Ltd., Rep by Its Chairman and ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-29-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the opposite parties, developers against the order of the District Forum in directing them to allot alternative plot for the original price after receiving the balance payment, if any, besides compensation of Rs.25,000/- and costs of Rs.2,000/-. The case of the complainant, a minor, represented by her father in brief is that the appellants, real estate developers, floated a scheme under the name and style of Dream City II, Garden Unit Scheme (Sagar Block) Second Sector (Gold Lines) for executive units of 600 sq. yds. in H Block. She joined in the scheme in October, 2002 by paying admission fee of Rs.500/- @ Rs.100/- per unit of 120 sq. yds. and paid instalment of Rs.400/- each in 5 units vide separate units dated 24-10-2002. The first opposite party by letter dated 2/3 October stated that 120 sq. yds. was shown as a unit and the complainant purchased 5 such units at Rs.300/- per sq. yd. She had to ...
The Divisional Manager National Insurance Company Limited Division-vi, ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-29-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the insurance company, the opposite party, against the order of the District Forum in directing it to pay Rs.1,61,165/- together with interest, compensation and costs of Rs.1,000/- each within four weeks and on failure to pay the same within that period awarded further compensation of Rs.2,000/- The case of the complainant in brief is that he got his Ashok Leyland Tanker insured with the appellant, insurance company, for a sum of Rs.3,25,000/- covering the period from 05-1-2005 to 04-1-2006. While so on 22-6-2005, it met with an accident. On information, one Ravindra Patel was appointed as spot surveyor. A case was registered by the police. He spent Rs.1,22,200/- towards replacement of spare parts in all he spent Rs.2,30,000/- towards repairs. The surveyor, however, estimated the loss at Rs.1,75,000/-. Later the insurance company agreed to settle the claim on non standard basis at Rs.33,375/- by le...
Podila Raja Lingeswar Rao Vs. Regional Manager Regional Office and Oth ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-29-2011
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. Feeling dissatisfied with the dismissal of his complaint by the District Forum, the complainant has filed the appeal contending that the District Forum failed to consider the offer for settlement by the opposite parties noted in the interlocutory applications and that it had not considered the frequent repairs the vehicle, Indigo car required every 5 to 10 days which were noted by the opposite parties. 2. The complainant had purchased Indigo XL Grand Dicor BS III, Classic ivory colour car on 6.3.2007. The 3rd opposite party is the authorized agent and second opposite party is the authorized dealer of the manufacturer of Indigo cars, the first opposite party. The car was purchased for a consideration of `8,24,385/- and the complainant got registered it with the RTA as AP20P 6162 and taken it for service on 4.4.2007. 3. The complainant contends that the car posed frequent problems, belt problem at the first instance whereup...
The New India Assurance Company Limited Vs. Pramod Kumar Chaturvedi an ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-29-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) This is an appeal preferred by the insurance company/opposite party No.2 against the order of the District Forum directing it to pay 3,23,048/- together with interest at 12% p.a. from the date of complaint till the date of payment together with costs of Rs.2,000/-. The case of the complainant in brief is that he insured his car for Rs.3,63,000/-(?) (Rs.2,90,400 vide Ex.A5) commencing from 27-1-2005 to 27-1-2006 having purchased the same under Hire Purchase Agreement from opposite party No.1. While so on 24-8-2005 the vehicle was damaged in an accident. On a report, the Police registered the case in Crime No.64. When the vehicle was taken to Autofin Limited, Secunderabad, it has given estimate for Rs.3,17,848/-. When he made a claim, the insurance company repudiated the same on the ground what while the car was used as a transport vehicle, it was registered as a private car. In fact, opposite party No.1, financier, had taken the...
Nalluri Diagnostics, Nalluri Nursing Home Vs. Madduluri Krishna @ Kris ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-26-2011
Oral Order (Per Honble Justice Sri D.Appa Rao, President) Having heard the learned counsel for the appellant and having perused the record, I am of the opinion that the matter can be disposed of at the stage of admission. Since the appeal is being disposed of, the petition to condone the delay of 41 days is allowed. The opposite party, Nalluri Diagnostics, preferred the appeal, aggrieved by the order directing it to pay Rs.25,000/- together with costs of Rs.3,000/-. The case of the complainant is that on 30-6-2008 at about 2.30 p.m. he met with an accident and immediately rushed to the appellant hospital for first aid. It had taken his blood sample in order to identify the blood group and after conducting tests, opined that the complainant was HIV positive. The concerned doctor refused to give first aid and as there was no other go, he approached Dr.Venkata Ramana Trust Hospital in Vijayawada, SQL Labs Private Limited conducted blood test and gave a report that he was HIV negative. Due...
Arcot Narayan Rao Advocate Vs. the Assistant Commissioner of Police (A ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-25-2011
Appellant is called absent consistently. Perused the record. The appellant is the unsuccessful complainant. He filed the complaint claiming Rs.10,000/- towards compensation, costs of Rs.2,000/- besides refund of Rs.135/-, the amount paid towards fine, imposed for violation of traffic rules under Rule 436, Section 177 of M.V.Act. The District Forum dismissed the complaint holding that the appellant is not a consumer and that the opposite party has not rendered any service under Motor Vehicles Act read with Motor Vehicle rules. Evidently the opposite party imposed fine for violating traffic rules under Rule 436, read with Section 177 of Motor Vehicles Act, pursuant to the notifications issued by the Government conferring power to impose fine. It is a sort of sovereign function not a statutory function. We may state that the appellant, if aggrieved by the order of imposing fine, he could have preferred appeal to the competent court under the provisions of Motor Vehicles Act. He cannot fil...
M/S Bajaj Allianz General Insurance Co., Ltd., Rep. by Its Regional Ma ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-24-2011
Oral Order (As per Sri R.Lakshminarasimha Rao, Honble Member) 1. The insurance company is the appellant. The appeal is the challenge to the order of the District Forum which had awarded a sum of `3 lakh as compensation towards the damage caused to the insured Ikon Ford car. 2. The respondent no.1 had purchased Ikon Ford car and insured it with the appellant insurance company for the sum assured of `3 lakh under insurance policy issued on 5.8.2005 for the period from 27.8.2005 to 26.8.2006. The car met with a fire accident on 28.7.2006 while it was parked in front of the first respondents house. On intimation given by the first respondent, the appellant company deputed Y.V.Reddy who inspected the vehicle in the evening on the same day. The second respondent had given estimation for an amount of `4,33,033/- to repair the vehicle. The first respondent lodged the claim enclosed therewith with the estimate issued by the second respondent. The appellant company repudiated the claim on 8.9.20...
The New India Assurance Co., Ltd., Rep. by Its Manager, D.O. and Anoth ...
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-24-2011
Oral Order: (Per Sri R. Lakshmi Narsimha Rao, Honble Member) 1. This is an appeal preferred by the opposite party insurance company against the order of the Dist. Forum directing it pay `5 lakh covered under the policy with interest @ 9% p.a., from the date of complaint till the date of realization together with compensation of `1,000/- towards mental agony and `500/- towards costs. 2. The case of the respondent is that his wife Smt. Arifunnissa Begum, a government teacher had taken personal accident policy with the appellant for a sum of `5 lakh covering the period from 28.7.2000 to 13.7.2001. The respondents wife met with accident on 27.7.2001when a tempo dashed her while she was crossing the road at Annaram village and she was admitted in Osmania General Hospital. The police registered a case in Crime No. 83/2000 under section 337 of IPC later on altered to Section 304-B and subsequently to 302, 201 IPC against him on the file of III Addl. Dist. and Sessions Judge, Medak u/s 301 and...
South Central Railway Vs. Suchi Singh and Others
Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
Decided on: Aug-24-2011
D. Appa Rao, President: Oral: 1. These appeals are preferred by the railways opposite parties 1 and 3 respectively against the order of the Dist. Forum directing them to pay Rs. 72,000 together with compensation of Rs. 5,000 and costs of Rs. 2,000. 2. The case of the complainant in brief is that she along with her family members travelled on 16.1.2008 from Lucknow to Secuderabad by Gorakhpur Express with PNR No. 250-7087427 wherein berth Nos. 25, 27 and 28 in S10 coach were allotted. While so on 17.1.2008 at about 2.00 a.m. in between Bhopal and Itarsi she lost her VIP Elenga suitcase, articles worth Rs. 1 lakh viz., suitcase, five suits, make up kit, miscellaneous items with valuable jewellery items containing 4 gold bangles, necklace and two ear rings. She fastened the suitcase with a chain which was cut away and taken away by thieves. When she tried to bring to the notice of TTE he instructed her to complain to the railway authorities. There was none to inform. Then she gave a repor...
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