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Andhra Pradesh Court December 2013 Judgments

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Dec 27 2013

Bhagwan L. Moorjani Vs. M/S. Apollo Hospitals Apollo Health City Campu ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

R. Lakshminarsimha Rao, Incharge President The complaint is filed seeking direction to the opposite parties to rectify (restore) the damage caused to the complainants eye vision at their exclusive cost/expense or to pay a compensation amount of Rs.1 core to the complainant and pay interest from the date of filing of complaint till the actual date of realization, restrain the opposite parties from carrying on unfair/unethical practice and costs The averments of the complaint are that the complainant in the month of February, 2011 consulted the opposite party No.2 with complaint of congestion in his nasal passages, inability to sleep at night and watering of eyes. Initially, opposite party No.2 prescribed Augmentin 1 gm for 7 days and on 2nd March, 2011 on review asked the complainant to undergo a CT scan of his paranasal sinus and on the basis of the said report advised the complainant that there was polyp in the sinus cavities and he had to undergo a surgery as soon as possible and con...


Dec 27 2013

Ram Chemudugunta Vs. the Manager Country Vacations, a Division of Coun ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The unsuccessful complainant is the appellant. The appellant being induced by the respondents joined as member in the respondent no.1 club and to the effect he entered into agreement with the respondents by paying Rs.15,000/- . The respondents staff informed the appellant that he is entitled to claim vacation stay worth Rs.30,000/- at various hospitality facilities at their branches in India. The appellant after going through the agreement found a biased condition in the agreement at clause 2 wherein it was mentioned œI undertake that this agreement supercedes communication if any, issued by CCIL representatives (including on company letter head or stamp paper) and the benefits and terms of membership listed here and amendments are final and binding on CCIL and myself?. The appellant vide his emails dated 17.2.2012, 20.2.2012, 24.2.2012, 26.3.2012 and 9.5.2012 requested the respondents for refund of the membership fee o...


Dec 27 2013

Vasireddy S.V. Prasad Vs. Mercedes Benz India Pvt Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

R. Lakshminarsimha Rao, Incharge President 1. The complainant filed the complaint under Section 17 of the Consumer Protection Act, complaining deficiency in service against the opposite parties seeking direction to the opposite parties to carry out repairs to the damaged vehicle at the cost and consequences of the opposite parties no.3 and 4, pay an amount of Rs.30 lakhs together with costs of the complaint. 2. The averments of the complainant are that on 10.11.2010 the complainant purchased Mercedes Benz Mode No.350 Couple BSIV from the show room of the opposite party no.2 the authorized dealer of the opposite party no.1 for on road price of Rs.71,15,701/- which includes the insurance amount of Rs.2,37,634/-. The vehicle was insured with the opposite parties no.3 and 4 vide policy No.1801702311003916 valid for the period from 01.11.2010 to 31.10.2011. On 20.8.2011 the vehicle was logged with rain water and was shifted to the workshop of the opposite party no.2 for repairs. The opposit...


Dec 27 2013

Tumu Kiran Praveen Choudary Vs. M/S. Lanco Hills Technology Park Pvt. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

Oral Order: (T. Ashok Kumar, Member) 1. This is a complaint filed by the complainant praying to direct the opposite party No. 1 to refund margin money of Rs.15,06,075/- along with interest at the rate of 9% P.A. from the respective dates of payments, to refund Home loan amount of Rs.57,36,358/- along with interest @ 11% p.a. from respective dates of payments, together with penal interest if any and also topay compensation of Rs.One lakh for causing hardship etc and Rs.25,000/- towards costs. 2. The brief facts of the complaint are that on 20.11.2007 the complainant intended to purchase an Flat bearing No. 1802 in 18th floor in Tower no. 14 LH admeasuring 1900 sft along with two car parking slots and undivided share of land, 266.51 sft for a total sale consideration of Rs.1,00,40,000/- inclusive of water, generator, electricity, piped gas, club house membership etc. from the Op.1 œLanco Hills Technology Park Private Limited and an agreement of sale dated 20.11.2007 was executed in...


Dec 27 2013

Pydha Karuna Priya and Others Vs. M/S. Reliance General Insurance Comp ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. Both appeals are directed against the same order passed by the District Forum. F.A.No.819 of 2013 is filed by the opposite parties no.4 and 5 while the F.A.No.304 of 2013 is preferred by the complainant. The parties are referred to as they are arrayed in the complaint. 2. The complainant filed the complaint claiming an amount of Rs.7,40,000/- with interest @18% p.a. from the date of accident and a sum of Rs.5,00,000/- towards compensation. 3. The complainant submitted that she insured her vehicle LP Truck bearing registration number AP 05V 3229 with the opposite parties no.1 to 3 and the vehicle was financed by the opposite party no.4 and 5. The complainant submitted that the vehicle met with an accident on28.12.2008 and it fell into 600 feet deep valley while it was carrying empty gunny bags and the accident occurred while the vehicle was proceeding from Agarthala to Guahati. The driver and cleaner of the vehicle died at the spot and th...


Dec 27 2013

M/S. Mehar Venkata Lakshmi Township Srikakulam, Represented by Its Bra ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

R. Lakshminarasimha Rao, Incharge President The opposite party No.2 is the appellant. The respondent filed the appeal seeking direction to the opposite parties to repay the excess collected amount of Rs.10,000/- with interest at 18% p.a., to remove the hills, tress, bushes etc., and provide facilities to the complainants plot as per agreement and pay Rs.20,000/- towards compensation and costs of Rs.10,000/-. The case of the respondent is that the appellants canvassed about the venture Mehar Venkata Lakshmi Township at Voppangi Village in Gara Mandalam and issued brochure and application form which contains terms and conditions. The respondent entered into an agreement to purchase plot No.316 to an extent of 18 x 50 “ 100 sq. yds. in Sy No.5 and the cost of the plot is Rs.47,900/- to be paid in instalments. The respondent paid the entire amount and got registered the plot in her name on 28-7-2008 and the appellants collected Rs57,900/- from her in excess of the agreement of cost o...


Dec 27 2013

Vijjai Chennupati and Another Vs. M/S. Aliens Developers Private Limit ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

R. Lakshminarsimha Rao, Incharge President The complaint is filed seeking the following directions: i) To direct opposite party No.1 to comply with the terms of Tripartite agreement dated 30-7-2008 and give effect to the withdrawal of the complainants from financing scheme. ii) To direct opposite party No.1 to refund the amount of Rs.6,99,515/- paid by complainants towards advance money with interest at 18% p.a. from the date of payment i.e. 25-8-2007 till its realization. iii) To direct opposite party No.1 to refund the amount of Rs.18,45,000/- loan amount advanced by OP 2 to OP 1 to the complainants together with future interest @ 18% per month from the date of payment i.e 01-8-2008 till its realization. iv) To direct opposite party No.1 to pay Rs.5,00,000/- to complainants towards compensation for suffering mental agony and loss suffered by the complainants v) To direct opposite party No.1 to pay Rs.20,000/- to complainant towards costs. vi) And pass such other order or orders as th...


Dec 27 2013

M/S Road Safety Club Pvt Ltd., Rep. by Its Managerand Another Vs. Bell ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The opposite party no.3 has filed appeal, F.A.No.648 of 2013 and the opposite party no.2 has filed the appeal, F.A.No. 260 of 2013. In both the appeals, the respondent no.1 is the complainant. The parties are referred to as they are referred in the complaint. 2. The complainant became member of the opposite party no.2 on payment of the amount, i.e. Rs.2,25,000/- on 10.09.2004 -through the opposite party no.1. The opposite party no.3 issued Group Personal Accident Insurance Policy covering the accident risk on the members of the opposite party no.2. The complainant met with road accident on 17.12.2004 and sustained grievous injuries. The complainant lodged claim in 2005 with the opposite party no.3 and the claim was not processed. The complainant got issued notice dated 10.06.2009. 3. The first opposite party contended that the complaint is not maintainable against it and the opposite part yno.2 has tie up with the opposite pa...


Dec 27 2013

M/S. Axis Bank, Rep. by Its Asst. Vice President Cum Gpa Vs. Mrs. Sara ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The opposite party is the appellant. The respondent filed complaint sought for the statement of account in respect of hypothecation , certified copy of the hypothecation loan agreement, Rs.50,000/- towards compensation, Rs.50,000/- towards compensation for not providing the statement of account . The respondent purchased TATA 2515 truck bearing registration number AP 29 T 8687 on hire purchase agreement with the appellant through Shriram Transport Finance Company. The respondent availed the loan from the appellant, an amount of Rs.9,75,000/- which is repayable in 57 installments @ Rs.21,595/- commencing from 1.12.2005. The appellants agent generated incorrect statement of account of the respondent and the respondent got issued notice dated 8.08.2011 requesting for issuing of the statement of account and filed the complaint stating that failure of the appellant to provide statement of account amounts to deficiency in service. ...


Dec 27 2013

M/S. Jasper Industries Private Limited and Others Vs. Matoori Naresh a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Dec-27-2013

R. Lakshminarasimha Rao, Incharge President The complainant is the appellant in F.A.No.1003 of 2013 whereas the opposite party no.1and2 are the appellants in F.A.No. 981 of 2012. Both appeals are directed against the same order passed by the District Forum. The parties are referred to, as they are referred in the complaint. The complainant purchased TATA ACE magic vehicle bearing registration number AP 24TV-0854 on hire purchase agreement with the opposite parties no. 3 and 4. The complainant paid an amount of Rs.99,960/- as down payment and availed finance for an amount of Rs.3,02,000/- from the opposite party no.3. The loan amount was repayable in 35 installments @Rs.10,400/- and an amount of Rs.12,090/- for the first installment. The vehicle was delivered to the complainant on 28.11.2011. The complainant got registered the vehicle as contract carriage with registration number AP 24 TV 0854 and obtained permission for contract carriage. The complainant submitted that he purchased th...


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