Himachal Pradesh Court October 2011 Judgments

Lal Chand Vs. Dhian Singh and Others

Court: Himachal Pradesh

Kuldip Singh, J. 1. The plaintiff has come in second appeal against judgment, decree dated 1.11.2001 passed by learned District Judge, Kullu in Civil Appeal No. 53 of 2001 affirming judgment, decree dated 22.3.2001 passed by learned Senior Sub Judge, Kullu in Civil Suit No. 56 of 1997. The suit was filed by Lal Chand against defendant Smt. Murtu and Tedhi Singh. Smt. Murtu has died during the pendency of the second appeal, her legal representatives have been brought on record. The parties in this judgment are referred to as plaintiff and defendants. 2. The facts, in brief, are that plaintiff had filed a suit for declaration with consequential relief of injunction regarding the land more specifically described in the impugned judgment and plaint on the allegations that Mouju Ram, father of plaintiff and husband of defendant No.1 was the original owner of the suit land. Mouju Ram executed registered will dated 23.1.1980 bequeathing his property situated in Phati Barahar in favour of his ...

The Sr. Divisional Manager, Life Insurance Corporation of India and An ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member. 1. This appeal is directed against the order of the District Forum, Mandi, dated 18.11.2008 passed in Consumer Complaint No.116/2008, whereby the complaint was allowed and opposite parties No.1 and 2 were directed to pay to the complainant Rs.2,00,000/- arising out of the insurance policy of his deceased wife with interest @ 9% per annum from the date of institution of the complaint till realization of the amount and directions were also given for payment of Rs.2,000/- as compensation for harassment and litigation cost was quantified at Rs.1,000/-. Parties are hereinafter being referred to as per their status in the complaint. 2. Facts of the case within narrow compass are that Parma Nand, husband of the complainant had got himself insured with the opposite parties vide Policy No.151950866 in the sum of Rs.2,00,000/- under plan and term 106-15 (with AB) in the year2006 and the complainant was nominee in the policy. It had been alleged that Sh. ...

M/S. Competent Automobiles Co. Ltd. and Others Vs. Neelam Goswami and ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member: 1. Both these appeals have arisen out of the order passed in District Forum, Kangra at Dharamshala, in Consumer Complaint No.365/2004, dated 19.2.2007, whereby the complaint was partly allowed and the opposite parties were held jointly and severally liable to pay Rs.75,000/- to the complainant within 30 days after the receipt of the copy of the order, failing which, it was to carry interest @ 9% per annum from the date of the complaint till its realization and the opposite parties were further directed to pay litigation cost of Rs.2,000/- to the complainant. 2. Appeal No.112/2007 has been filed by the appellant, M/S Competent Automobiles Ltd. and Appeal No.130/2007 has been filed by M/S Maruti Udyog Limited against the aforesaid order and their grievance in the appeal is that the order of the Forum below is not legally sustainable and the appellants have been illegally held jointly and severally liable to pay an amount of Rs.70,000/- to the com...

The Life Insurance Corporation of India and Another Vs. Mrs. Usha Shar ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member: This appeal is directed against the order of the District Forum, Chamba, passed in Consumer Complaint No.36/2008, whereby the complaint was partly allowed and the opposite parties were held liable jointly and severally to pay an amount of Rs.6,00,000/- to all the legal heirs of Sh. Kishan Chand alongwith other accrued benefits of the Insurance policy in equal shares within 30 days after the receipt of the copy of the order and compensation to the tune of Rs.10,000/- was also awarded to the legal heirs of the life assured for mental agony and harassment and litigation cost was quantified at Rs.3,000/-. Factual metrix of the case in nutshell is that Kishan Chand who is husband of the complainant had got himself insured with the opposite parties and had taken policy No.152146716 on 20.4.2010 and this policy was effective for a period of 10 years and on its maturity the insured was entitled for an amount of Rs.6,00,000/-. Other averments in the com...

Baan Singh and Others Vs. Devi Ram and Others

Court: Himachal Pradesh

Deepak Gupta, J. 1. This Regular Second Appeal is directed against the judgment and decree of the learned Additional, Sirmaur at Nahan dated 20.10.2001 whereby he partly allowed the appeal of the defendants. 2. Respondents 1and2 Devi Ram and Bhajju filed a suit against Ghassi Ram and Telu Ram (predecessors-in-interest of the present appellants) and Smt.Chandno respondent No.3 herein was the proforma defendant. In the suit it was claimed that the plaintiffs Devi Ram and Bhajju and proforma defendant Chandno were the real brothers and sister of Mohi Ram. They were the children of Kalia from his second wife Juno Devi. It was alleged that prior to his marriage with Juno Devi, Kalia was married to one Jhungri and Ghasi Ram, defendant No.1, was born out of this wed-lock. The case of the plaintiffs, in short, was that since their brother Mohi Ram had died issueless, the plaintiffs alongwith defendant No.2 Telu Ram and Chandno who were the real brothers and sister of Mohi Ram alone were entitl...

Jeetindera Singh Vs. State of H.P. and Others

Court: Himachal Pradesh

Reported in: 2012AIR(HP)61

Kuldip Singh, J. 1. The plaintiff has come in second appeal against judgment, decree dated 18.8.2001 passed by learned District Judge, Mandi in Civil Appeal No. 2 of 1998 reversing judgment, decree dated 27.8.1997 passed by learned Senior Sub Judge, Mandi in Civil Suit No. 127 of 1992, 43/1995 decreeing the suit of the appellant for recovery of ` 40,000/- along with interest at the rate of 12% per annum and future interest at the rate of 6% per annum. 2. The facts, in brief, are that the appellant had filed a suit for recovery of Rs.1,00,000/- against the respondents on the averments that the appellant is matriculate and was working as Conductor in September, 1990 on salary Rs.1,000/- per month. He was hale and hearty unmarried aged 20 years at the relevant time. On 27.9.1990 he was coming from Tarna Temple, Mandi, he received bullet injury on his hip joint in Mohalla Thanehra, Mandi. He fell down and was removed to Civil Hospital, Mandi where he remained admitted till 9.10.1990. 3. Th...

M.C. Rana Vs. Vijay Kumar

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member: This appeal is directed against the order of District Forum, Mandi, passed in Complaint Case No.227/2007, dated 29.9.2007. In the present case the complaint was dismissed by holding that there is no merit in the complaint since it was held that this is not a consumer dispute. Parties are hereinafter being referred to as per their status in the complaint. Facts of the case within the narrow compass are that the opposite party who had been dealing in sale and purchase of shares under the name and style of Sidhartha Capital Investment at Mandi and the complainant had paid a sum of Rs.38.921/- to the opposite party on 15.1.2004 through cheque of Punjab National Bank for the purchase of shares in his name and the opposite party was also requested to transfer the share in the name of the complainant. As per allegations made in the complaint, it is alleged that instead of purchasing the shares and transferring them in his favour, the opposite party ha...

National Insurance Company Limited, Through Its Divisional Manager Vs. ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member 1. This appeal is directed against the order of District Forum, Shimla, dated 1.12.2010 passed in Consumer Complaint No.107/2009, whereby the complaint was allowed and Insurance Company was directed to indemnify the complainant to the extent of Rs.1,80,000/- alongwith interest @ 9% per annum with effect from the date of filing of the complaint. Litigation cost was quantified at Rs.2500/-. Parties are hereinafter being referred to as per their status in the complaint. 2. Facts of the case as they emerge from the record are that the complainant who is owner of Tempo Trax Pickup bearing registration No.HP-63-0910 had insured her vehicle with the Insurance Company for an amount of Rs.1,80,000/- and this insurance was valid with effect from 24.8.2007 to 23.8.2008. Kulbhushan was appointed as driver who took the aforesaid vehicle to Solan and on 22.11.2007 he went away with the vehicle with all relevant documents and did not return back. Thereafter in...

National Insurance Company Ltd. Through Its Divisional Manager Vs. Kri ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member: This appeal is directed against the order, dated 28.9.2010 passed by District Forum, Kullu, in Complaint Case No.49/2009, whereby the complaint of the complainant was partly allowed and opposite party No.1 was directed to pay to the complainant an amount of Rs.98,677/- subject to deposit of salvage alongwith interest @ 9% per annum from the date of institution of the complaint till realization and in case the complainant fails to deposit the salvage within a period of one month, then opposite party No.1 was directed to pay the amount to the complainant after deducting the salvage value of Rs.2200/- from Rs.98677/-. The opposite party No.1 was also ordered to pay to the complainant Rs.5,000/- on account of compensation for harassment and Rs.2,000/- as cost of the complaint. Parties are hereinafter being referred to as per their status in the complaint. Factual matrix of the case in brief is that the complainant who is owning vehicle Tata Indica ...

Branch Manager, the H.P. State Co-operative Agriculture and Rural Deve ...

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Chander Shekhar Sharma, Presiding Member, J. 1. This appeal is directed against the order of District Forum, Mandi, dated 8.7.2010 passed in Consumer Complaint No.302/2009 whereby the complaint was allowed and opposite parties were directed to issue NOC of the loan amount which was settled by the bank and paid by the complainant under the plan of loan amount relaxation scheme. Opposite parties were further directed to pay an amount of Rs.2,000/- on account of harassment, mental agony and cost of litigation was assessed at Rs.1500/-. Parties are hereinafter referred to as per their status in the complaint. 2. Facts of the case as they emerge from the complaint file are that the complaintnt, Roop Lal and Prakash Chand are sons of Kameshwar Lal and Kameshwar Lal took their GPA of the land on their behalf and raised loan from the opposite party No.1 and the opposite parties vide letter dated 29.8.2008 approached the complainant and told that his account came under the plan of loan amount r...