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Andhra Pradesh Court January 2014 Judgments

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Jan 20 2014

M/S Vamshi Builders, Rep. by Sri T.Raj Kumar Singh Vs. Vasu Apartment ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The first opposite party is the appellant. The respondent no.1 - filed complaint seeking for delivery of possession of pent house constructed on the terrace of Vasu Apartments, Plot No. 18 and 19, Kalyannagar, Gaddiannaram, Dilsuknagar, Hyderabad and restraining the appellant from collecting rent on the pent house for the period from 01.01.2013 and restraining the appellant from causing nuisance in the building and further restraining the appellant from interfering with the meetings held by the respondent no.1. 2. The respondent no.1 filed application in I.A.No. 170 of 2013 seeking permission to amend the complaint by deleting relief nos. 2 to 4. Thereafter, the respondent no.1 filed petition, I.A.No. 31 of 2013 seeking for direction to restrain the revision petitioner from interfering with its meetings till the disposal of the complaint. 3. The revision petitioner filed counter contending that the relief sought for cannot be granted as ...


Jan 20 2014

Branch Manager Life Insurance Corporation of India Atmakur, Kurnool Di ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party has filed appeal challenging the order of the District Forum on the premise that the District Forum had not appreciated evidence in proper perspective and that it ought to have passed the order without being influenced by observation made by this Commission in F.A.No. 125 of 2009. It is contended that this Commission had not recorded any finding as to the evidence of doctor and treatment undergone by the insured and that appellant filed affidavit of the investigator along with medical record and it examined doctor Ram of NIMS as RW1 and produced documents, ExA8 to A11. 2. The case of the respondent is that her husband during his life time obtained life insurance policy bearing number 650474520 for a sum of Rs.1,00,000/-, policy bearing number 652179312 for Rs.50,000/-, policy bearing number 652176099 for Rs.20,000/-, policy bearing number 650365141 for Rs.20,000/-, and policy bearing number 650466690 for Rs.25,000/-, a...


Jan 20 2014

G. Sridhar Goud Vs. Future General India Insurance Co.Ltd. and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The complaint is filed seeking for the sum assured under the insurance policy in respect of his Mercedes Benz car bearing registration number AP 09 UFTR 7226 and an amount of Rs.15,00,000/- towards compensation and costs. 2. The complainant submitted that he got insured his Mercedes Benz car bearing registration number AP 09 UF T/R for the IDV of Rs.39,79,517/- with the opposite party no.1-insurance company. He has submitted that the clutch system, gear box and engine of the vehicle posed some problem or other from the date of its purchase and that the opposite party no.1 had not issued warranty card to him. The complainant submitted that on 22.08.2011 the engine of the car was switched off though there was no heavy rain and he had reported the problem along with the vehicle to the opposite party no.2 which opened job card for repair of the vehicle. 3. The complainant submitted that as the opposite party no.2 had not carried out the repa...


Jan 20 2014

Dr. M. Balachander (Chairman) Sri Chandra Farms and Resorts India Ltd. ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (Gopalakrishna Tamada, President) The opposite party in Consumer Case No.230/2013 before the District Consumer Disputes Redressal Forum-I, Hyderabad is the appellant and this appeal is filed assailing the order dated 13.09.2013 whereby the complaint filed by the respondent herein was allowed. For the sake of convenience, the parties in this appeal will be referred to as they were arrayed in the complaint. The opposite party is the Chairman of Sri Chandra Farms and Resorts India Ltd and he is doing business in the real estate i.e. dividing plots and selling them to the willing purchasers. The complainant being attracted by the said advertisement given by the opposite party approached him in the month of November, 2008 for purchase of 150 square yards of plot for a total sale consideration of Rs.1,78,000/- which is to be paid periodically as per the terms and conditions of the opposite party. After payment of initial instalment, a Pass Book bearing No.521 was issued by the op...


Jan 20 2014

Sreedhar Naidu Medikonda Vs. M/S Aditya Constructions Co., India P.Ltd ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

R. Lakshminarsimha Rao, Member 1. The complaint is filed through General Power of Attorney seeking direction to the opposite parties for possession of Flat bearing number 1108 at Hafeezpet village of Serilingampally Mandal, Ranga Reddy district and claiming a sum of Rs.1,00,000/- towards compensation. 2. The averments of the complaint are that the entered into agreement with the opposite parties to purchase Flat bearing number 1108 in the multistoried building, Aditya Constructions Company, India Pvt Ltd situate at Aditya Imperial Heights, Florentine Block, in survey numbers 83,85, 86 and 87 at Hafeezpet village of Serililngampalli Mandal, Ranga Reddy district for consideration of Rs.37,75,000/- of which 15% viz., Rs.5,66,250/- is payable at the time of booking and 80% is payable through bank or financial institution and the rest of the amount, i.e., 5% is payable at the time of delivery of possession. 3. The complainant submitted that he paid an amount of Rs.1,00,000/- through cheque ...


Jan 20 2014

B.G. Sreedevi and Others Vs. Krishna Institute of Medical Sciences Ltd ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

(T. Ashok Kumar, Member) This is a complaint filed U/s.17 of Consumer Protection Act, 1986 by the complainants 1 to 3 against opposite parties 1 to 4 alleging medical negligence claiming compensation of Rs.90 lakhs with interest at the rate of 18% p.a. and costs. The brief facts of the complaint are as under: One Dr.B.G.Sridhar, who is the husband of the first complainant and father of 2nd and 3rd complainants was a qualified dental surgeon working in PHC Kodukur in Kurnool District and he is hereinafter referred to as the deceased. On 30-11-2009 while the deceased was travelling in his Santro car bearing No.AP 21Q 3600 from Kurnool to Hyderabad near Kondapur Police Station, Alampur Mandal of Mahaboobnagar District on NH 7 highway, he met with an accident and received injuries. Immediately he was shifted to Government hospital, Kurnool where he was treated as out patient. Since the injuries received by him were serious in nature, he was shifted to Gowrigopal Hospitals Pvt. Ltd., Kurnoo...


Jan 20 2014

The Commissioner, Employees Provident Fund Organization and Another Vs ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite parties no.2 and 3 are appellants. The first respondent filed complaint seeking for direction to the appellants and the respondent no.2 to sanction pension and to pay a sum of Rs.25,0000/- towards compensation. 2. The case of the respondent no.1 is that he worked as Senior Clerk with Annapurna Printers which was merged with Deccan Chronicle Holdings Ltd and on attaining superannuation, the first respondent retired from his service on 1.09.2010 and subsequent to his retirement, the second respondent paid retirement benefits except the pension to the first respondent. The appellant rejected the claim and required the second respondent to submit application form in prescribed format for fixation of his pension. 3. The appellants contended that the first respondent submitted application for transfer of his PF and Pension account to the first appellant on 26.04.2011 and the second appellant transferred the PF and Pension accumula...


Jan 20 2014

Dr. E. Regina D/O.E.Showri Reddy Occ:gynecologist and Obestrician Mana ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

T. Ashok Kumar, Member This is an appeal preferred by the opposite party against the order in C.C.No.55/2010 dated 13-2-2012 on the file of District Forum, Medak at Sangareddy. For convenience sake the parties as arrayed in the complaint are referred to hereunder: The brief facts of the complaint are as under: On 04-10-2008 the complainant approached opposite party doctor at Sangareddy town when she was third month pregnant and the OP doctor prescribed her some medicines and asked her to come on 17-10-2008 for check up. Accordingly on 17-10-2008 when the complainant went to the said opposite party doctor with complaint of spotting, she entrusted her to a male junior doctor and nurse for treatment who had no experience. After treatment she started bleeding and an injection was given to control the bleeding but to no avail and the foetus was aborted without her consent by collecting Rs.9,100/- from her. The complainant went into shock and was advised to go to Hyderabad for further treatm...


Jan 20 2014

The Manager, Ab Arogyadaan United India Insurance Co.Ltd. Vs. S. Sampa ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The appeal is challenge to the order of the District Forum which granted the relief for balance amount of the expenditure of that was incurred by the respondent for undergoing CABG at Yashoda Hospital, Hyderabad. 2. The respondent obtained Floater Medi Claim policy on 18.09.2008 for sum assured of Rs.5 lakh covering risk on his wife, son and him. The respondent got renewed the policy bearing number 050400/48/11/41/00000225 for three times and for the fourth time from 21.09.2011 to 20.09.2012 for the sum assured of Rs.5,00,000/-. The respondent was admitted at Yashoda Hospital on 11.06.2012 and he had undergone Cardiothoracic Minimal Access Surgery on 16.06.2012 and discharged on 18.06.2012. At the time of his hospitalization, on his request the TPA, third party administrator provided for arrangement of casteless facility to the extent of Rs.1,91,250/- as per agreed PPN Tariff by GIPSA . 3. The respondent incurred expenditure to an extent...


Jan 20 2014

P.V. Prasanna Kumar and Another Vs. M/S Balaji Constructions, Rep. by ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-20-2014

T. Ashok Kumar, Member Since both the appeals deal with similar facts and arising out of a common order, they are being disposed of by a common order: F.A.No.649/2012 is taken for discussion as a lead case. This is an appeal preferred by the complainant against the order in C.C.No.80/2011 dated 07-3-2012 on the file of District Forum, Kadapa. For convenience sake the parties as arrayed in the complaint are referred to hereunder: The gist of the complaint is that the complainant purchased a flat 503 in 5th floor in Narayanadri Residency after coming across a colourful brochure of opposite party No.1 and registration of the same was done on 18-11-2009 and the said flat was occupied by the complainant on 14-2-2010. The opposite party No.1 had to provide certain amenities compulsorily and it was printed in the brochure that extra amenities would be provided for which the complainant paid Rs.50,000/- for extra provisions like Municipal drinking water, drainage connection, AP Transco Meter c...


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