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Andhra Pradesh Court April 2013 Judgments

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Apr 25 2013

Dr. V. Damodarudu Vs. Kesava Constructions, Rep. by K. Kesava Kumar an ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-25-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The unsuccessful complainant has filed appeal contending that the District Forum failed to consider that the respondent had not filed any documents to show that the construction of flat is in progress and that the sole ground of dismissal of the complaint is inability of the appellant to state whether construction of flat is completed . It is contended that the District Forum failed to consider attitude of the respondent in the back drop of criminal case filed against them and that the appellant has been ready to pay balance sale consideration. 2. The case of the appellant is that he paid an amount of Rs.5 lakh as advance out of sale consideration of Rs.14 lakh for purchase of Flat No.402 at Sai Ganesh Towers in Hyderabad. On 22.12.2008 the respondents entered into agreement with the appellant wherein it is stated that the first respondent entered into agreement with V.Lalitha Kumari to purchase the flat and the first respondent would ge...


Apr 25 2013

M/S Mahindra Two Wheelers Ltd. Vs. Smt. Avagadda Viveka Chatanya Gowri ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-25-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The respondent purchased Mahindra Rodeo two wheeler on 26.11.2011 from the first appellant for consideration of Rs.53,700/- which was assigned with registration number AP 72373. The second appellant is the manufacturer of the scooter. The respondent complained of self-starting button problem and leakage of oil from engine. The first appellant informed her that they would be settled within a week or two and due to non-functioning of self-starting system, the respondent said to have developed knee pain for using the kick rod for staring the vehicle. 2. It is stated that on 5.11.2011 the vehicle was suddenly stopped and the first appellant on being informed about the condition of the vehicle, requested the respondent to take the scooter to M/s Silkon Motors, Akkayyapalem, Vishakhapatnam which said to have informed the respondent that the vehicle suffered from manufacturing defect for rectification of which the respondent was asked to pay an...


Apr 25 2013

M/S. National Insurance Co.Ltd., Rep. by Its Branch Manager Vs. Smt. K ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-25-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant. The respondent filed complaint claiming insured sum of Rs.14,92,500/- with interest , compensation and costs. The respondent is the owner of the Link Belt HT450Mobile Crane bearing No.MH43 1808 which was insured with the appellant vide policy bearing No.550213/31/08/630001112 for a sum of Rs.36,00,000/-. The policy covers the risk including Accidental loss or damage occurring during the period of insurance and validfor the period from 8.11.2008 to 7.11.2009. On 26-1-2009, on receipt of phone call from one person regarding accident, the respondent sent mobile crane to the accident spot on the same day at 4.30 PM and the crane started lifting the fly ash tanker and during the process, the fly ash weight in lorry has shifted from one end to another end resulting in tare of crane into two parts. 2. The police conducted spot panchanama and in the mean while the respondent reached the spot and has intimated...


Apr 24 2013

S.Ram Manohar S/O. Late S.Sundera Murt Vs. the Union of India,rep. by ...

Court: Andhra Pradesh

Decided on: Apr-24-2013

THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON'BLE SRI JUSTICE B.N. RAO NALLA W.P. No.38766 OF 201.24.04.2013 S.Ram Manohar s/o. late S.Sundera Murthy The Union of India,rep. by the Deputy Commissioner,Kendriya Vidyalaya Sanghatan, Regional Office, Picket, Secunderabad, and another Counsel for the petitioner: Mr.V.R. Balachary Counsel for Respondents:Mr.B.Narasimha Sarma HEAD NOTE: Referred Cases: nil ORDER: (Per Hon'ble Sri Justice B.N. Rao Nalla) This writ petition is filed for a writ of Certiorari calling for the records relating to the order dated 05.10.2012 passed by the Central administrative Tribunal, Hyderabad Bench (for short 'the Tribunal') in O.A. No.866 of 2012, and to quash the same by declaring the action of the respondents in prematurely retiring the petitioner from service as contrary to law, and consequently direct the respondents to correct the entry relating to the date of birth of the petitioner in the service record as 08.07.1954 with all attendant benefits i...


Apr 24 2013

N.Sree Ramulu and Others. Vs. B.Lakshmi Narayana (Died) and Others

Court: Andhra Pradesh

Decided on: Apr-24-2013

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.M.A.Nos.856 of 2003 and Batch 24.04.2013 N.Sree Ramulu and others. B.Lakshmi Narayana (died) and others HEAD NOTE: Counsel for the Appellants : Sri N.Subba Rao and others. Counsel for the respondents: Sri T.Sree Ramulu and others ?Cases referred:1. AIR 197.S.C2. 2007 (4) ALT 60.(D.B.2001. (1) ALD 42.4 2001 (1) ALD 43.5 2002 ACJ 139.6 2000 (1) ALD 55.7 1995 (3) ALD 110.8 APLJ 199 (29. 1997 ACJ 114.10 1996 ACJ 125.112004 (6) ALD 53.121995 (1) ALD 20.(22001. (3) ALD 17.14 2008 (3) ALD 65.(DB) 15 (2008) 8 S.C.C 51.16 2006 (4) ALD 39.11. SCC 34.18 (2010) 13 S.C.C19. (2010) 10 S.C.C20. (2010) 10 S.C.C21. (2008) 9 S.C.C22. (2007) 2 SCC 34.23 C.M.A.No.1256 o24. (2009) 6 SCC 28.25 (2012) 2 SCC 267.C.M.A.Nos.856, 1210 & 2274 of 2001, 335, 550, 1685, 2380 & 3406 of 2002 & 2197 of 2003 COMMON JUDGMENT: Heard Sri N.Subba Rao, learned counsel for the petitioners in C.M.A.Nos.1210 of 2001, 335 of 2002, 550 of 2002, 1685 o2274. of 2001, 3406 of...


Apr 24 2013

S.Ram Manohar S/O. Late S.Sundera Murt Vs. the Union OfIndia,rep. by t ...

Court: Andhra Pradesh

Decided on: Apr-24-2013

THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA AND THE HON'BLE SRI JUSTICE B.N. RAO W.P. No.38766 OF 201.24.04.2013 S.Ram Manohar s/o. late S.Sundera Murthy The Union of India,rep. by the Deputy Commissioner,Kendriya Vidyalaya Sanghatan, Regional Office, Picket, Secunderabad, and another Counsel for the petitioner: Mr.V.R. Balachary Counsel for Respondents:Mr.B.Narasimha Sarma HEAD NOTE: Referred Cases: nil ORDER: (Per Hon'ble Sri Justice B.N. Rao Nalla) This writ petition is filed for a writ of Certiorari calling for the records relating to the order dated 05.10.2012 passed by the Central administrative Tribunal, Hyderabad Bench (for short 'the Tribunal') in O.A. No.866 of 2012, and to quash the same by declaring the action of the respondents in prematurely retiring the petitioner from service as contrary to law, and consequently direct the respondents to correct the entry relating to the date of birth of the petitioner in the service record as 08.07.1954 with all attendant benefits includi...


Apr 24 2013

Vallala Yasodha Vs. Vallala Naga Venkata Laxmi and 2 Others

Court: Andhra Pradesh

Decided on: Apr-24-2013

THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CIVIL REVISION PETITION No.1409 o24. 04-2013 Vallala Yasodha Vallala Naga Venkata Laxmi & 2 others Counsel for the Petitioner : Sri N.V.Anantha Krishna Counsel for the Respondents : Sri M.Rajamalla Reddy : : ?Cases referred: ORDER: This revision petition is filed questioning order of the lower Court refusing to permit amendment of the plaint. Originally the suit is filed for permanent injunction by the petitioner and it was being contested by the respondents/defendants. Trial of the suit has commenced and evidence of the plaintiff as P.W-1 was over. At that stage, the plaintiff filed the present petition in the lower Court for amendment of the plaint in order to include the relief of cancellation of the document No.4615/2011, dated 08.06.2011. The said sale deed dated 08.06.2011 was executed by the defendants 1 and 2 in favour of the 3rd defendant in respect of the suit property. The said document was prior to filing of the suit in...


Apr 24 2013

The New India Assurance Co.Ltd. Vs. N. Venkateswara Babu

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-24-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The New India Assurance company ltd is the appellant. The respondent filed complaint claiming for reimbursement of loss to the tune of Rs.2,16,444/- and Rs.50,000/- towards compensation for suffering mental tension and costs. 2. The respondent insured his house bearing door number 103 at Kurnool for a sum of Rs.6,00,000/- for the period from9.11.2005 to 8.11.2020 by paying premium of Rs.4,628/-. The respondent availed house loan from State Bank of India, Kurnool. His house was inundated in the flood on 2.10.2009 and sustained damage. The respondent submitted claim enclosed thereto estimate for a sum of Rs.2,50,000/-. The appellant settled the claim and paid an amount of Rs.33,556/- through cheque dated 5.03.3010. 3. The respondent filed complaint stating that the appellant relied on the report prepared by unqualified engineer and he submitted representation to the appellant and he claimed for the balance claim amount. 4. The appellant re...


Apr 24 2013

Branch Manager, Life Insurance Corporation of India Ravulapalem Branch ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-24-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party-insurance company is the appellant. The appeal is challenge to the order of the District Forum whereby the appellant was directed to pay sum assured under insurance policy along with interest and costs. 2. The first respondents husband during his lifetime obtained life insurance policy bearing number 801775408 from the appellant-insurance corporation for sum assured of Rs.1,00,000/- under Jeevan Anand with half yearly premium payable, Rs.2,913/-. The insured died on 3.10.2009 due to head injury sustained in road accident. A case in crime number 80 of 2009 was registered against the rider of the motor cycle who caused the accident. The appellant paid an amount of Rs.40,300/- of the claim of the respondents. Claiming the entire claim amount, the respondents got issued notice dated 24.08.2010 and filed the complaint against the appellant-insurance corporation. 3. The appellant resisted the claim on the premise that the in...


Apr 24 2013

The General Manager Reliance Life Insurance Co.Ltd. and Another Vs. K. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Apr-24-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant. The respondent filed complaint claiming insured sum of Rs.1,50,000/-with interest , compensation and costs .The respondents husband during his life time obtained life insurance policy bearing number 15571096 for sum assured of Rs.1,50,000/-. The premium @ Rs.15,000/- per annum. The insurance policy was issued on 12.11.2009. The insured said to have died on 3.10.2010 due to dengue. The appellant repudiated the claim on the premise that the insured supressed while submitting proposal that he was suffering from terminal illness. 2. The respondent filed complaint stating the repudiation of her claim arbitrary and her husband did not make any false statement in the proposal form. 3. The appellants resisted the claim on the premise that the insured concealed his ill-health at the time of filling the proposal. It is contended that the insured misrepresented the facts and played fraud on the appellants. 4. Th...


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