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Andhra Pradesh Court March 2013 Judgments

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Mar 11 2013

Acharya N.G. Ranga Agricultural Universi Vs. M. Devender Reddy and Oth ...

Court: Andhra Pradesh

Decided on: Mar-11-2013

HON'BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Appeal Nos.1491; 1522 of 2012 and Batch 11-03-2013 Acharya N.G. Ranga Agricultural University,Represented by its Registrar, Hyderabad. M. Devender Reddy and others. (Writ Appeal Nos.1491, 1522 of 2012 and 13 of 2013, Writ Petition No.34156 of 2012 and PIL No.387 of 2012) JUDGMENT: (Per the Hon'ble the Chief Justice) In these cases, the issue that arises for consideration is with regard to the procedure to be adopted for appointment of Vice-Chancellor to Acharya N.G. Ranga Agricultural University, Hyderabad. As such, all the cases were heard together and are disposed of by this common judgment. For the purpose of disposal of these cases, the facts in Writ Petition No.34156 of 2012 may be noticed and the parties herein are referred to as they are arrayed in the said writ petition. With the consent of the parties, we have taken up Writ Petition No.34156 of 2012 also for hearing and disposa...


Mar 11 2013

M. Laxma Reddy Vs. the Manager, Hsbc Ltd. and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The complainant is the appellant. Feeling dissatisfied by the award for compensation of `10,000/- and costs of `4,000/-, the complainant has filed appeal contending that the District Forum has not awarded appropriate amount as compensation and it has failed to see that the respondent-bank had charged finance charges @110% and that the appellant is an income tax assesse and that the District Forum ought to have granted an amount of `20,00,000/- towards compensation. 2. The appellant availed credit card facility with credit card bearing number 4384 5999 97104590 , from the respondent-bank. The credit card facility has added advantage of insurance coverage from TATA AIG Insurance Company. The appellant obtained insurance policy bearing number TATA Q AIG for the period from 20.07.2006 to 19.07.2006. The appellant was given option to cancel the insurance policy within the period of two months and on cancellation of the insurance policy, the i...


Mar 11 2013

Smt. Kotagiri Shantha Vs. M/S. Automotive Manufacturers Pvt. Ltd. and ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

Oral Order: (T. Ashok Kumar, Member) 1. This is an appeal preferred by the complainant in CC 137/2010 on the file of the District Consumer Forum, karimnagar. For convenience sake, the parties as arrayed in the complaint are referred to as under: 2. The brief facts of the complaint are that the complainant approached the opposite parties to purchase Ashok Leyland 2516/2 UT Chassis Vehicle on which the opposite parties asked her to pay an amount of Rs.41,000/- as Margin Money. Accordingly she paid Rs.41,000/- on 16.10.2008 for which opposite parties issued receipt. Inspite of several requests the opposite parties failed to deliver the vehicle to her. Finally she requested them to receive balance of Sale Consideration and deliver the vehicle or to refund the amount of Rs.41,000/- paid by her. Inspite of it the opposite parties did not respond therefore she sought direction for refund of the amount and to award compensation, damages and costs. 3. The opposite party no.1 filed counter denyi...


Mar 11 2013

Y. Rami Reddy Vs. Mohd Asif and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The unsuccessful complainant is the appellant. He has filed appeal contending that the District Forum passed the order against the spirit of Consumer Protection Act by dismissing the complaint after recording finding that it has no territorial jurisdiction. 2. The appellant, proprietor of M/s Sneha Deluxe A/c Lunch Home, Mahaboobnagar purchased Deep Freezer from the respondents for consideration of `30,000/-, Water cooler for `30,000/- Cool case machine worth of `25,000/- and two window A.Cs each worth of `38,000/- and he gave the articles on 2.07.2005 to the respondents at Mahabboobnagar for servicing and paid an amount of `1,00,000/- towards advance and the respondents promised to return the articles within one month to the appellant. The appellant was not able to commence his business due to delay caused in returning the articles to him and the renovated building was kept idle for two years. The appellant has been paying monthly rent ...


Mar 11 2013

Praveen Kumar Surana and Others Vs. M/S.SuchirIndia Developers Pvt. Lt ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

Aggrieved by the order in C.C.No.2/2009 on the file of District Forum-II, Hyderabad the complainants preferred this appeal. The brief facts as set out in the complaint are that the complainants joined as members in the venture of opposite parties i.e. Gold Coast Silicon at Malkapur Village, Choutuppal Mandal, Nalgonda District. The complainants submitted that the opposite parties represented that they would provide swimming pool, BT roads, running water pipe lines, sewerage lines, overhead tank, barbed wire fencing to public places, under ground electrical cabling, tiles paved foot paths, street lighting, foot path with curbing stones, avenue plantation, fully developed parks etc. and also offered various prizes and free Membership in Darling Cave Club. The complainants submitted that the opposite parties offered payment of sale consideration in instalment basis and fixed the plot cost admeasuring 200 sq. yds. @ Rs.2,200/- totalling to Rs.5,28,000/-. The complainants submit that as per...


Mar 11 2013

Care Hospital, the Heart Institute (Rep. by Its Managing Director, Dr. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

(Smt. M. Shreesha, Incharge President) Aggrieved by the order in C.C.No.350/2005 on the file of District Forum-II, Visakhapatnam, the opposite parties preferred F.A.No.567/201, whereas the complainants preferred F.A.No.568/2011 dissatisfied with the award of the District Forum. Since both the appeals arise out of the same order, they are being disposed of by a common order. The brief facts as set out in the complaint are that the first complainant is the husband and complainants 2 to 6 are daughters and complainants 7 and 8 are sons of one Smt.S.Atchiyamma. The complainants submitted that Smt.S.Atchiyamma on 24-2-2003 complained of chest pain and immediately on 25-2-2003, the first complainant took her to one Mr.P.Ramana Rao, M.D.Asst.Professor of Cardiology, Visakhapatnam who after thorough clinical examination advised i) Thread mill test, ultra sound test, blood test, urine test, ECG and x-ray and she underwent all these tests and again approached Dr.P.Ramana Rao who on perusal of th...


Mar 11 2013

Smt. S. Kamala Vs. Nvsn Mohan Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The complainant is the appellant. Her complaint was dismissed on the premise that the appellant has to claim compensation from the builder and not from the respondents and the builder is responsible for laying the slab to the building of the appellant. 2. The brief facts of the case as seen from the complaint are that the appellant purchased a lorry load of Hemandri cement from the first respondent for construction of house in her plot no.509 at Kukatpalli, Hyderabad. The appellant paid an amount of `54,250/- towards the lorry load of cement on 29.12.2008. The slab laid with the cement was not dried up in normal time and it took 21 days to dry up. The appellant was informed that the cement was of inferior quality and the structure cannot withstand and it has to be removed. The appellant suffered loss to the extent of `12,00,000/-which was spent on the structure till the slab was laid. The appellant brought to the notice of the first resp...


Mar 11 2013

Alla Venkat Reddy Vs. Vellanki Syam Prasad

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-11-2013

Oral Order: (Smt. M. Shreesha, Member) 1) The opposite party preferred this appeal when he was directed to refund Rs. 2,50,000/- paid by the complainant towards advance, for sale of a flat with interest @ 18% p.a., together with costs of Rs. 5,000/- and along with it above application to condone delay of 179 days in filing the appeal on the ground that as he shifted his family from his old address, he did not receive order copy of the Dist. Forum despatched on 8.6.2012. He came to know about the order only when he was produced before the Dist. Forum on 10.12.2012 in EA No. 39/2012 filed by the complainant. Under the said circumstances he prayed that the delay may be condoned in the interests of justice. 2) The respondent/complainant resisted the application. He contended that the petitioner was well aware of the proceedings before the Dist. Forum. In fact he refused to receive the notice issued by the Dist. Forum. In order to gain sympathy the petitioner invented this false plea that h...


Mar 08 2013

Govind Jana Vs. the Branch Manager Indusind Bank Ltd.

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-08-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The unsuccessful complainant is the appellant. 2. The appellant filed complaint stating that he obtained loan of Rs.192,134/- on 24.6.2004 repayable in regular instalments. The appellant cleared the loan on 13.6.21008. Thereafter, the appellant on 13.6.2008 obtained a fresh loan of Rs.1,15,000/- from the respondent by pledging the Maruti Alto Car No.AP 13H 3133 repayable in equal instalments of Rs.4022/- per month. The respondent obtained five post-dated cheques from the appellant and for balance instalment amount the respondent has obtained Electronic Cleaning Service Authority letter of appellant on the appellant bank. The respondent instead of sending monthly ECS letters to the bank has sent ECS for three months on the wrong name of the appellant. The respondent has sent the ECS on the name of Govind Dnyanoba Jain instead of Govind Dnyanoba Jana. The Bank viz., Canara Bank has returned the ECS to respondent with an endorsement name di...


Mar 08 2013

Smt. Nisha Gupta Vs. M/S. Lodha Healthy Construction and Developers Pr ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Mar-08-2013

Oral Order: (R. Lakshmi Narasimha Rao, Member) 1. The complaint is filed seeking for refund of `59,91,410/- with interest 18% thereon and `2,00,0000/- towards compensation. 2. The averments of the complaint are the complainant being induced by the representatives of the opposite party-company entered into agreement with the opposite party to purchase Flat No.900 in 9th Floor, Belmont at Kukatpalli Housing Board, Hyderabad for consideration of `2,21,02,639/-. At the time, the representatives of the opposite party company informed the complainant that she need not pay registration charges and other charges and the construction of the apartment would be completed within 18 months from the date of agreement. The complainant paid a total earnest money of `59,91,410/- through cheques from the month of December,2008 to March, 2009. 3. It is stated that the opposite party has not furnished copy of the agreement of sale to the complainant informing her that it is with their head office at Mumba...


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