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Andhra Pradesh Court December 2012 Judgments

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Dec 31 2012

Miss B. Venkata Sai Charitha Vs. the Director Fiit Jee Limited and Ano ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-31-2012

Oral Order: (Sri R.Lakshminarasimha Rao, Honble Member) 1. The unsuccessful complainant is the appellant. The appellant secured admission with the first respondent-institute for the programme, Pinnacle a two year integrated regular course. The appellant paid `43,265/- towards admission fee ,Examination fee, Infrastructure fee, Tuition fee and `2,400/- towards books on 4.03.2010 four months before the commencement of het class work. The appellant paid tuition fee of `15,000/- towards first year state intermediate course on 14.06.2010. The appellant paid a total amount of `58,265/- to the first respondent-institute. 2. The appellant paid caution deposit of `7,500/-and `9,500/- towards room rent and mess charges of March 2012 and April,2012 a total amount of `16,500/-. The appellant said to have found the environment of the hostel, quality of food and accommodation not up to the standard and she stated to have brought it to the notice of the Director and the hostel incharge who said to ha...


Dec 31 2012

Smt. Pramila G. Shah Vs. M/S. Fortune Constructions Pvt. Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-31-2012

Oral Order: (Sri R. Lakshminarasimha Rao, Honble Member ) The complainant present. The parties have filed memo stating that the matter is settled out of court. Memo is recorded. The complaint is dismissed in terms of the compromise memo. No costs....


Dec 28 2012

Gorrepati Prasada Reddy and Other Vs. the State of Andhra Pradesh, Rep ...

Court: Andhra Pradesh

Decided on: Dec-28-2012

THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL Nos.644 o28. 12.2012 Gorrepati Prasada Reddy and others.... APPELLANTS The State of Andhra Pradesh, Rep. by its Secretary, Legislative Affairs and Justice, Secretariat Buildings, Hyderabad and four others....RESPONDENTS Counsel for the Appellants: MR. T. BALI REDDY For MR. K. SURESH REDDY Counsel for the Respondents: ADVOCATE GENERAL GP FOR LAW & LEGISLATIVE AFFAIRS MR. S. BHARAT KUMAR MR. B. NALIN KUMAR HEAD NOTE: ?Cases referred 1. AIR 197.SC 85.2. (1988) 3 SCC 14.3. (2006) CCR 1 (DB) 4. 1986 (1) ALT 14.5. 2004 CRI.LJ 5.6. 2006 (6) ALT 22.7. 1992 Supp (2) SCC 48.8. (2004) 2 SCC 26.WRIT APPEAL.No.653 of 2012 G. Siva Nageswara Rao....APPELLANT AND Gorrepati Prasada Reddy and others....RESPONDENTS Counsel for the Appellant: MR. B. NALIN KUMAR ounsel for the Respondents: ADVOCATE GENERAL GP FOR LAW & LEGISLATIVE AFFAIRS MR. K. SURESH REDDY COMMON JUDGMENT: (per Hon'ble Sri Justice Vilas...


Dec 28 2012

Sri Marketing (P) Ltd. and Another Vs. J. Shivasankar Reddy and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-28-2012

Oral Order: (Sri R. Lakshminarasimha Rao, Honble Member) 1. The complaint is filed seeking relief for payment of `5,00,000/- and interest thereon ,compensation and costs. 2. The respondent no.1 invested an amount of `5,00,000/- in his name and in the name of the other respondents for purchase of a plot from the appellants in Kubera Package scheme. The appellants paid bonus to the respondents till 10.03.2010 and thereafter the appellants wound up their business. 3. The appellants remained exparte. 4. In support of their contention, the respondent no.1 had filed his affidavit and the documents, ExA1 to16. 5. The District Forum allowed the complaint on the premise that the appellants failed to contest the claim of the respondents that they deposited an amount of `5,00,000/- and the District Forum held the respondents entitled to the amount invested by them. 6. Feeling aggrieved by the order of the District Forum, the opposite parties no.1 and 2 have preferred appeal contending that the re...


Dec 28 2012

Hdfc Bank Limited and Another Vs. B. Sudhakar

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-28-2012

Oral Order: (Sri R. Lakshminarasimha Rao, Honble Member) 1. The opposite party in the complaint is the appellant. The respondent filed complaint seeking for return of the vehicle with interest and compensation to the extent of `50,000/- and costs. 2. The respondent purchased two wheeler Bajaj Discover bearing registration number AP 36 AA 6387 for consideration by raising loan a sum of `38,160/- from the appellant-bank and contributing the balance amount by him. The appellant-bank issued loan repayment schedule of EMI @ `1,636/- for 28 months commencing from 10.04.2007 and ending on 28.02.2010. 3. The version of the respondent is that he paid all the instalments except two EMIs which could not be paid due to financial crises and the appellant bank seized the vehicle on 18.1.2010 though he expressed his readiness to pay the balance two EMIs of `3,121/- and that the appellant sold the vehicle to third parties without issuing notice to him. The respondent sought for return of the vehicle a...


Dec 27 2012

Syed Majid Vs. the District Collector,khammam and Other

Court: Andhra Pradesh

Decided on: Dec-27-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.31863 o27. 12-2012 Syed Majid The District Collector,Khammam and others HEAD NOTE: Counsel for petitioner : Smt. S. Nanda Counsel for respondent Nos.1 to 3 : Assistant Government Pleader for Women Development & Child Welfare Counsel for respondent No.4 : Sri K. Murali Krishna for Sri P. Veera Reddy ?CASES REFERRED:1. 1980 Crl.L.J....


Dec 27 2012

Dommati Kishan and Others Vs. the State of Andhra Pradesh,represented

Court: Andhra Pradesh

Decided on: Dec-27-2012

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.20199 o27. 12-2012 Dommati Kishan and others The State of Andhra Pradesh,Represented by its Secretary, Revenue Department (Land Acquisition),Government of Andhra Pradesh, Hyderabad and others HEAD NOTE: Counsel for petitioners : Sri G. Chandan Raj Counsel for respondents : Assistant Government Pleader for Land Acquisition ?CASES REFERRED:1. 2004(1) ALD 1 (D.B.) The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in not awarding the additional market value @ 12%, as illegal and arbitrary. The lands of the petitioners were acquired as they came under submergence under Sripadasagar Project. An award was passed by respondent No.3 on 28-8- 2010. As the petitioners were denied the additional market value @ 12%, they have represented to respondent No.3 to modify the award by granting the same. While declining the said request, respondent No.3 has issued Memo in Rc.not A/21/2008...


Dec 27 2012

Sri Sri Marketings P. Ltd. and Another Vs. K. Ram Prasad

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2012

Oral Order: (Smt. M. Shreesha, Member) 1) The opposite parties while preferring the appeal against the order of the Dist. Forum directing them to refund Rs. 1,50,000/- paid by the complainant with interest @ 9% p.a., together with costs of Rs. 2,000/- filed the above application u/s 5 of the Limitation Act to condone delay of 223 days. He averred in the application that no notice was served on him nor any paper publication was issued in regard to the complaint filed by the complainant in C.C. 439/2011 before the Dist. Forum. The orders were passed against him though there was no fault on his part. He learnt about the complaint and orders of the Dist. Forum when NBWs were issued in E.P. 53/2012. The petitioners office was locked due to some litigation. The respondent/complainant was well aware of all these facts and obtained orders from the Dist. Forum fraudulently. The respondent/complainant did not approach the Dist. Forum with clean hands, and in fact he defaulted in payment of amoun...


Dec 27 2012

Kotapati Janardhana Rao and Another Vs. Smt. V. Bhaskara Chandra Kumar ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2012

Oral Order: (Smt. M. Shreesha, Member) 1) The Ops 4 and 5 while preferring the appeal against the order of the Dist. Forum directing them along with other Ops to pay Rs. 13,18,000/- with interest @ 9% p.a., together with costs of Rs. 10,000/- filed the above application u/s 5 of the Limitation Act to condone delay of 196 days. It averred in the application that they were doing real estate business and used to visit various places in India in connection with business. They came to know that an ex-parte order was passed against them on 3.2.2012 when they received notice in E.A. 26/2012 filed by the complainant for execution of orders of the Dist. Forum. Due to lack of knowledge they filed an application before the Dist. Forum along with counter to set-aside the order. Later they learnt that an appeal has to be preferred before this Commission as against the orders of the Dist. Forum under the Consumer Protection Act. Thus a delay of 196 days had occasioned in the process. The delay was n...


Dec 26 2012

K.Subba Rao Vs. the Government of Andhra Pradesh and Oth

Court: Andhra Pradesh

Decided on: Dec-26-2012

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.16282 o26. 12-2012 K.Subba Rao The Government of Andhra Pradesh and others Counsel for the Petitioner: Smt. N.Shoba Counsel for Respondents: GP for Mines & Geology : ?Citations: ORDER: This writ petition demonstrates the tactics adopted by a section of sand mafia in the State to defraud the State and public at large. Petitioner is a Contractor, undertaking the activity of supplying sand. The Assistant Director of Mines & Geology, Nandigama, Krishna District, respondent No.4 herein, issued a notification, dated 16.05.2011, inviting tenders for grant of lease to quarry sand in Krishna River at Ganiatkuru Village, Kanchikacherla Mandal, Krishna District. The Geo-Coordinates were indicated. The minimum bid amount for one year was mentioned as Rs.2 crores. The auction was scheduled to take place on 07.06.2011. The petitioner purchased the tender schedules. Stating that he came to know that only 80,000 cubic meters of sand is...



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