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Andhra Pradesh Court January 2012 Judgments

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Jan 18 2012

The State Bank of India, Rep. by Its Branch Manager, Pakala Branch, Ch ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2012

Oral Order (Per Honble Justice Sri D.Appa Rao, President) Heard. This is an application filed by the learned counsel for the petitioner to set aside the dismissal order dated 19-12-2011 and restore F.A.No.483/2010 to file on the ground that he could not appear on the date of hearing as there was break down of his car. Recently Honble Supreme Court of India in Rajeev Hitendra Pathan and Ors. Vs. Achyut Kashinath Karekar and Anr. reported in(2011) 8 SCLR 068 observed that this Commission has no jurisdiction to review or set aside the orders passed by it. In the light of the order of Supreme court which is binding on this Commission, this petition does not sustain and therefore dismissed. There shall be no order as to costs....


Jan 18 2012

Khaja Zafar Ali Vs. Life Insurance Corporation of India Through Its Ch ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2012

Oral Order: (As per R.Lakshminarsimha Rao, Member) 1. The complainant is the appellant. He has filed the complaint seeking direction to the Life Insurance Corporation of India to revive two insurance policies and pay an amount of `10,000/-towards compensation. 2. The appellant obtained two life insurance policies bearing numbers 642291060 and 624490768 for a sum of `50,000/- each. The mode of payment of premium is monthly and the amount for the premium was to be deducted from the salary of the appellant by his drawing and disbursing officer. The appellant was transferred to Nalgonda and due to financial constraints he requested the respondent insurance company to convert the mode of payment of premium from monthly to half yearly and he addressed letter to the effect for which there was stated to be no response and meanwhile the appellant retired from service in the year,2006. The appellant got issued notice to the respondent and subsequently filed the complaint. 3. The respondent insur...


Jan 18 2012

The Branch Manager the New India Assurance Co.,ltd. Branch Office, Sta ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-18-2012

Oral Order: (As per R.Lakshminarsimha Rao, Member) 1. The New India Assurance Company Ltd is the appellant. The appeal is challenge to the order of the District Forum whereby the complainant was held entitled to differential value of the chilli bags on the norms fixed by the National Commission and the District Forum also awarded interest on the differential amount. 2. The facts of the case are that the first respondent stored 1088 red mixed varie2ty of mirchi bags with the second respondent on different dates under receipts numbers 13/11,15/11 and 44/11 during the period in the months of April,2000 and May,2000. The second respondent cold storage insured the stocks with the appellant insurance company under the five insurance policies for the sum insured @ `500/- per bag. On 27-01-2001 a fire accident took place took place causing damage to most of stocks including the stocks of the first respondent. The matter of the accident was informed to the appellant insurance company. The first...


Jan 12 2012

V.Vijaya Sai Reddy Vs. Central Bureau of Investigation,anti Cor

Court: Andhra Pradesh

Decided on: Jan-12-2012

L.NARASIMHA REDDY, J.ORDER:1. The petitioner challenges the order dated 10.01.2012 in Crl.M.P.No.58 of 2012 in Crl.M.P.No.27 of 2012 in R.C.No.19(A) of 2011 CBI HYD., on the file of the Court of Special Judge for CBI Cases, Hyderabad (for short "the CBI Court").2. The respondent herein registered an F.I.R. bearing R.C.No.19(A) of 2011 CBI HYD against the petitioner (A-2) and others alleging crimes punishable under various provisions of the Prevention of Corruption Act, 1988 (for short "the Act"). Petitioner was produced before the CBI Court on 03.01.2012. That Court remanded the petitioner to judicial custody for 15 days. On the same day, the respondent filed Crl.M.P.No.27 of 2012, seeking police custody. Hearing of that application was taken up on 04.01.2012 and the custody of the petitioner was given to the respondent for a period of five days, by imposing certain conditions. A direction was issued to the effect that the petitioner shall be produced before the Court on 10.01.2012 to,...


Jan 11 2012

Mathews Cherian and Others Vs. M/S Thai Airways International P.C.L. a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-11-2012

Oral Order:(Per Sri R.Lakshmi Narasimha Rao, Honble Member.) 1. The complaint is filed seeking direction to the opposite parties to pay US$ 1,04,222/- or `52,11,100/- towards compensation along with costs of Rs.1,00,000/- 2. The averments of the complaint are that the complainants have booked tickets for a round trip from Hyderabad-Bangkok-Phuket-Bangkok-Hyderbad. After their scheduled visit to Thailand they were to board flight No.322 to reach India on 26.11.2008. At Bangkok Airport on 26.11.2008 they were informed that the flights have been cancelled and that they were accommodated in Hotel Ambassador City Jomitian, Thailand. The opposite parties officials visited the hotel and informed the complainants that three flights have been scheduled to leave for different destinations out of which one would be to India and promised to announce the details thereof. On 28.11.2008 one of the officials of opposite parties informed the complainants that only two flights are scheduled to leave ie....


Jan 11 2012

The Oriental Insurance Company Ltd., Rep. by Its Branch Manager, Bose ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-11-2012

Oral Order (As per R. Lakshminarsimha Rao, Member) 1. The opposite party insurance company in the complaint filed the appeal challenging the order of the District Forum whereby it was directed to settled the claim in favour of the respondents on receipt of the relevant documents from them. 2. The first respondents son Shaik Mohammad Rafi was working as cleaner and he was proceeding in the vehicle bearing number AP21U 4129 on 5-06-2003 and when the lorry reached Sallurpet in Nellore district, the lorry met with an accident when RTC bus coming in opposite direction collided with the lorry whereby the first respondents son died at the spot and the passengers of the bus sustained injuries. The police registered case against the driver of the lorry. The respondent filed M.V.O.P.No. 1129 of 2003 before the IX Additional District Judge, Guntur who allowed the petition and awarded an amount of `1,35,000/- with interest thereon. 3. After the O.P. was disposed of, the respondents lodged complain...


Jan 11 2012

Svr Neuro and Trauma Super Specialty Hospitals Pvt. Ltd., Rep. by Its ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-11-2012

Oral Order : (As per R.Lakshminarsimha Rao, Member) 1. The opposite parties are the appellants. They have filed the appeal in challenge to the order of the District Forum whereby they were held to have committed medical negligence and were directed to pay an amount of `2,50,000/. towards compensation which includes the medical expenses. The appellants were also directed to pay an amount of `5,000/. towards costs. 2. The facts of the case leading to filing of the appeal as seen from the complaint are that the respondent who was under treatment of Dr.Narendra Babu for her back pain since 8.08.2003 consulted the second appellant on 13.05.2004 at the first appellant hospital. After examining the respondent and having gone through reports and prescriptions of Dr.Narendra Babu, the second appellant informed the respondent that surgery is immediately required to be performed upon the respondent else her limbs would be paralysed. On the same day at 11 a.m. the respondent was admitted to the fi...


Jan 11 2012

Kota G.Kutumba Rao Vs. the Superintendent Engineer, A.P.S.P.D.C.L. (An ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-11-2012

Oral Order : (As per R.Lakshminarsimha Rao, Member) 1. The unsuccessful complainant is the appellant. 2. The factual matrix of the case is that the complainant is having four electricity service connections bearing Nos.642324500796, 6423245097334, 642324502917 and 6423245144098. The complainant is regular in payment of electricity consumption charges. In the month of May, 2010 the opposite party personnel has not obtained meter readings and did not issue bills as such the complainant could not pay the consumption charges for the said month. The opposite party issued bills in the month of July, 2010 including the previous monthly bill amount along with a fine of `50/- to each service connection. Immediately the complainant approached the opposite party and expressed his grievance but they are helpless due to the strike of the meter reading personnel of the opposite party the complainant was forced to pay the penalty/reconnection charges. The opposite party has collected an amount of `50...


Jan 06 2012

P.Srilatha Vs. A.P.State Warehousing Corporation

Court: Andhra Pradesh

Decided on: Jan-06-2012

JUDGMENT : (Per Sri Justice V Eswaraiah) 1. This writ appeal is filed in dismissing the W.P. No. 3547 of 2011 of the appellant by order dated 5.11.2011. The appellant filed the said writ petition to declare the proceedings dated 2.2.2011 bearing No. SWC/Conf/1919/PEG-2008/PPP/10-11 cancelling the tender enquiry for Mypadu Road in Nellore district as illegal and to consequently direct the respondent to forthwith open the tenders. The parties herein are referred as they are arrayed in the writ petition. 2. The petitioner has also filed another writ petition in W.P. No. 30748 of 2010 to declare the action of the respondent in keeping the tender submitted by the petitioner for construction of godown for Food Corporation of India in abeyance vide proceedings No. SWC/Conf/1919/PEG-2008/PPP/10-2011(MYR-5) dated 27.11.2010 and the learned single Judge of this Court by common order dated 5.11.2011 dismissed both the writ petition. However, as against the order dismissing writ petition No. 30748...


Jan 06 2012

Kamatam Sangalappa and 2 ors Vs. Kapadam Sngalappa and 6 ors

Court: Andhra Pradesh

Decided on: Jan-06-2012

K.G. SHANKAR, J.ORDER:1. The revision is continuation of age-old lis in O.S.No.15 of 1933 on the file of the Sub-Judge, Anantapur. E.P.No.59 of 2000 was laid by the alleged decree holders in E.P.No.15 of 1933. The dispute revolves round Kapadam families on the one side and Kamatam families on the other side. Kapadam families are residents of Gangulakunta village. Kamatam families reside in Yerrayapalli village. The dispute more or less is a dispute between Gangulakunta and Yerrayapalli villages. Lord Sangalappa is the common deity of the Kapadam sect of Gangulakunta and Kamatam sect of Yerrayapalli. Both the people belong to Koraba community, which is said to be a herding community in Anantapur District.2. This revision is loaded with questions of law such as question of limitation, maintainability of the revision under Section 115 of the Civil Procedure Code (CPC, for short) and the locus standi of the decree holders to lay the execution petition. It is, however, necessary to know the...


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