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Andhra Pradesh Court May 2013 Judgments

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May 22 2013

Anl Parcel Service, Rep. by Its Vice President/Managing Director and A ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant. The appeal is challenge to the order of the District Forum which awarded an amount of Rs.50,000/-towards compensation with interest @ 9% p.a. and costs. 2. The respondent had sent 32 bags of cotton seeds worth of Rs.72,000/- through the appellant to deliver to M/s Varalaxmi Seeds, Huzurabad. The appellant collected an amount of Rs.112/- towards charges on 23.06.2010. The respondent submitted representation dated 8.09.2010 informing the appellant that the consignment was lost and demanded the appellant to pay an amount of Rs.72,000/- towards value of cotton seeds and notice dated 18.11.2010 for which the appellant issued reply stating that they are making enquiry into the matter. The respondent claimed a sum of Rs.1,94,000/- towards cost of the seeds and compensation and costs. 3. The appellant resisted the claim on the premise that the respondent is not a consumer and the complaint is not maintainable...


May 22 2013

G.P.R. Vithal Vs. Dr. Lanka Rama Rao and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The unsuccessful complainant is the appellant. He filed complaint claiming for an amount of Rs.2,71,557/-towards operation charges, physiotherapy and miscellaneous charges and an amount of Rs.15,00,000/- towards compensation and costs. 2. The appellant met with an accident on 27.04.2009 when he was returning from his place of work at Achutapuram to Vishakhapatnam by riding on scooter bearing registration number AP 31 AE 6022 and when he reached Autonagar junction in Vishakhapatnam suddenly a dog came in his way and in order to save the dog, he applied the brake suddenly as a result of which the scooter skid and he fell on the ground and sustained injuries all over his body and also he sustained fracture to his left leg. He was shifted to the hospital of the respondent no.2 who called for the respondent no.1. The respondent no.1 got conducted tests including X-ray and after going through the reports, opined that the appellant suffered fro...


May 22 2013

Sankella Vijaya Laxmi Vs. the Branch Manager, Lic of India, Warangal a ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Oral Order: (T. Ashok Kumar, Member) 1. This is an appeal preferred by the unsuccessful complainant as against the orders dated 09.01.2012 in CC 234/2011 on the file of the District Consumer Forum, Warangal. 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 is the wife of the deceased Nagaraju, who died on 24-05-2008 due to fever and Vomtings. During his life time the deceased Nagaraju obtained Jeevan Mitra with Profits with DAB, covering Double/Thrible Risk with table 88 bearing NO.686904956 from opposite party No.1 for an assured sum of Rs.75,000/- commenced from 28-04-2007 for which the complainant is the nominee. After the death of her husband, as nominee, the complainant submitted the claim form along with relevant documents through Agent of opposite parties for settlement of the claim. But the opposite repudiated the claim vide letter dated 31-03-2010 on the ground that the life ass...


May 22 2013

Maddi Jayalakshmi Vs. Shriram Life Insurance Company Ltd., Rep by Its ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Common Oral Order: (T. Ashok Kumar, Member) 1. The appeal in FA 727/2012 was preferred by the complainant in CC 110/2011 on the file of the District forum, Srikakulam. 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 complainants husband, by name, Maddi Madhava Rao, during his life time obtained two Shri Plus policies bearing Nos.LN 110600111522 and LN 11070000514 for Rs.3,00,000/- each from the Opposite party and paid Rs.10,000/- towards premium and the date of maturity was 28.12.2011. However on 31.12.2006, at about 9.00 am, the complainants husband, Maddi Madhava Rao, died around 9.45 AM due to severe chest pain. The complainants husband was not given the policies by the Opposite parties. Four months after the death of her husband, some staff members of the Insurance Company came to her house and enquired about reasons for the death of her husband, she informed that her husband died of chest pain...


May 22 2013

K.S. Madhavan Vs. M/S. Hindalco Industries Ltd. and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The appellant filed complaint claiming refund of Rs.40,033/- and an amount of Rs.2,00,000/- towards compensation and costs. 2. The appellant has Demat account with the respondent no.2-bank with client ID No.42560924 and the Demat account was linked to the account bearing number 00101000114025 at Chennai HDFC Bank. The appellant has trading account bearing number 30107601 with respondents no.2 and 3. The appellant opened savings bank account bearing number 00211000028763 with the respondent no.3-bank under customer ID No.266323 on 17.03.2004 and the account was extended to Chennai under SB Account number 00101000114025. The appellant has been conducting transactions under the same ID Number 266323 and the Chennai address was changed to Hyderabad. 3. The appellant sated that he purchased 487 shares of the respondent no.1 under rights issue. He purchased 217 shares for Rs.10,416/-, 100 shares for Rs.12,464/- and 150 shares for Rs.40,033/- a...


May 22 2013

Hdfc Standard Life Insurance Co.Ltd. and Another Vs. Smt. Asha Agarwal

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant. The respondent filed complaint claiming a sum of Rs.5,12,300/- towards sum insured along with interest thereon and an amount of Rs.2,00,000/- towards compensation and costs. The District Forum allowed the complaint and awarded an amount of Rs.4,99,000/- with interest @9% p.a. from the date of repudiation and a sum of Rs.1,000/- towards costs. 2. The case of the respondent is that her husband obtained submitted application on 22.01.2010 for obtaining HDFC Endowments Supreme Suvidha policy bearing No.13411887 for sum insured of Rs.5,00,000/-. The BDM of the appellant, Anantha Krishna Reddy prompted the respondents husband to take the insurance policy and he filled up the proposal form as also obtained her husbands signature on it in presence of Shaik Jaleel and Narsimhloo. The BDM of the appellant received an amount of Rs.50,000/- from her husband towards premium for the insurance policy. The appellant ...


May 22 2013

C. Srihari Rao Vs. M/S. Sri Kalpa Master Builders Rep. by Its Managing ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-22-2013

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The complainant being dissatisfied with the reliefs granted by the District Forum, has filed appeal contending that the respondent did not hand over occupancy certificate to him and that the respondent had not provided drinking water and drainage facility to the building and that the respondent has to pay prevailing rate of market value for the deficit area of 68 sft. It is contended that the District Forum ought to have awarded compensation for the mental agony undergone by the appellant. 2. The appellant filed complaint claiming 16 reliefs of which the District Forum has awarded 12 reliefs. The District Forum awarded a sum of Rs.30,000/- towards 50% share of cost of demolished item, Rs.54,000/- towards rent and a sum of Rs.1,00,000/- towards loss of rent as also an amount of Rs.1,60,000/- towards the share of the appellant in the pent house. The District Forum has also awarded an amount of Rs.52,205/- with interest towards property tax...


May 15 2013

Gottemullula Rajasekhar Reddy Vs. Mupidi Balakrishna and Others

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2013

Smt. M. Shreesha, Incharge President Aggrieved by the order in C.C.No.191/2011 on the file of District Forum, Karimnagar, opposite party No.2 preferred this revision petition on the ground that no notice has been served on him and no opportunity was given to the petitioner to bring the true facts to light. The complainant filed the complaint as the opposite parties failed to pay the chit amount though he was a successful bidder in the auction and closed their business. Before the District Forum, opposite parties 1 and 2 did not choose to appear and were set exparte and notice sent to O.P.2 returned as unclaimed and the District Forum allowed the complaint in part directing the opposite parties 1 to 6 to jointly and severally pay the complainant a sum of Rs.3,75,000/- with interest at 9% p.a. from the date of filing of complaint i.e. 25-11-2011 till realization together with costs of Rs.1,000/-. The learned counsel for the petitioner contended that I.A.No.90/2013 was filed to set aside ...


May 15 2013

The Vice Chairman, Visakhapatnam Urban Development Authority and Other ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2013

Smt. M. Shreesha, Incharge President Aggrieved by the order in C.C.No.113/2011 on the file of District Forum-I, Visakhapatnam, the opposite parties preferred this appeal. The brief facts as set out in the complaint are that the complainant requested to furnish some information under Section 6(1) of RTI Act, 2005 relating to gedda Government land registered by VUDA authorities illegally to Sri Kothalanka Gowri Sankar Sastry. The complainant submitted that on 28-9-2010, he requested the APIO/PIO, VUDA to give the said information by paying Rs.10/- challan at IOB U/s 6(1) of RTI, Act, 2005 but inspite of his appeal on 17-12-2010 to Secretary and Appellate Authority, VUDA and another appeal on 04-2-2011 to A.P. Information Commission, Hyderabad regarding the above matter U/s.19(3) of RTI Act, 2005 so far he has not received any information even after expiry of five months. The complainant submitted that he observed that 138 sq. yds. of land bearing Survey No.11/P situated in Peda Waltair, ...


May 15 2013

D.Madhava Reddy and OThe Vs. Janga Raghava Reddy and Three Othe

Court: Andhra Pradesh

Decided on: May-15-2013

THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.A.Nos.644 of 2013 Dated 15-05-2013 D.Madhava Reddy and others....APPELLANT Janga Raghava Reddy and three others....RESPONDENTS Counsel for the Appellants:MR.A.NARASIMHA RAO GP FOR COOPERATION Counsel for the Respondents:GP FOR COOPERATION MR. K. RAMAKRISHNA REDDY MR. VEDULA VENKATARAMANA MR. K. VIVEK REDDY MR. A. KRANTI KUMAR REDDY MS. RAO DEEPIKA MR. N. RANGA REDDY MR. B. MAHENDER REDDY HEAD NOTE: ?.Cases referred 1. (1983) 4 SCC3922. (1984) 3 SCC258COMMON JUDGMENT: (Per Hon'ble Sri Justice Vilas V. Afzulpurkar) WAMP.No.1511 of 2013 in WA(SR).No.76282 of 2013: Leave granted. WA.Nos.644, 656, 657, 658 and 659 of 2013 and WA(SR) No.76282 of 2013: Four writ appeals, out of this batch of writ appeals, are preferred by the Government whereas other two writ appeals are preferred by the fourth respondent in WP.No.5238 of 2013. The common order of the learned single Judge disposed of four writ petitions, which are interlinked and relate to the...


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