Kerala Court September 2010 Judgments

Joseph Joseph Vs. Tata Engineering, Tata Engineering and Locomotive Co ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI. K.R. UDAYABHANU PRESIDENT The complaint is filed alleging manufacturing defects with respect to the Tata Safari 4 x 4 vehicle purchased by the complainant from the opposite parties of whom the first opposite party is the manufacturer and the second opposite party the dealer, on 27-08-1998 for Rs. 8,23,264/-, attracted by the high profile advertisements that the vehicle has got advanced technical features and warranty for 18 months irrespective of the distance covered by the vehicle. After purchase, it was noticed that the vehicle had abnormal suspension problems and had an unusual sound from underneath the vehicle and the wear and tear of the front right wheel was quite frequent. On 10-11-1998 after covering a distance of 4000 kms the vehicle was brought to the dealer for rectifying 9 complaints. The defects were not fully rectified. On 15-02-1999 again the vehicle was brought for rectifying 12 complaints in connection with the wear and tear of the tyres and wheel alignm...

M.R. Radhamaniamma Vs. Dr. P.P. Pathrose

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SHRI.M.K. ABDULLA SONA : MEMBER This appeal prefers from the order passed by the CDRF, Ernakulam in OP.953/99 dated:22-04-2003. The appellant is the complainant and respondent is the opposite party. This appeal prefers from the impugned order passed by the Forum below to dismiss the complaint. The complainant approached the opposite party for treatment for injuries sustained by her due to fall. He had diagnosed Colles fracture (right) and bandage was applied and pain killer tablets were also prescribed. While the bandage was removed after 70 days deformity was seeing in the fractured portion and also the movements of her right palm and fingers were totally restricted. Though she was subjected to Physiotherapy but no improvement was seen. Subsequently the complainant was admitted in the Nedumchalil Trust Hospital, Muvattupuzha and she underwent for an operation thereby Dr.Prabhu.B.Patel. After the operation the movements of her hand was improved considerably. The appellant had suffered ...

National Insurance Co. Ltd. Bangalore Vs. Smt. Habeeba Jaleel and Othe ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the first opposite party/Insurance Company in CC199/07 in the file of CDRF, Alappuzha. The appellants are under orders to disburse the full insurance claim with compensation of Rs.10,000/- and a cost of Rs.2,000/-. The dispute is with respect to the contention raised by the first opposite party/appellant that the driver was not having the badge to drive the tourist taxi. The driving licence particulars produced by both sides before the Forum would show that the driver was having driving license to drive light motor vehicle from 23.11.04 and also to drive 3 wheeler. The validity of the badge was from 23.11.04 to 22.11.07. The licence has been issued on 23.11.04. It is the case of the appellant that as per Rule 6 of the Kerala Motor Vehicle Rules, 1989, authorization to drive a transport vehicle can issued only after the expiry of one year from the date of issuance of the driving license. Along with the Appeal Memorandum, the appell...

The Manager, Auto Lease and Hire Purchase Muvattupuzha, Ernakulam, Ker ...

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

JUSTICE SRI.K.R. UDAYABHANU PRESIDENT The appellant is the 2nd opposite party in CC.97/2009 in the file of CDRF, Idukki. The appellant is only directed to pay Rs.1000/- towards the cost of the proceedings. The 2nd opposite party had filed version but he did not contest the matter. In view of the fact appellant has been directed to pay only Rs.1000/- towards cost and also in view of the fact that the loan was availed from the appellant we find that there is no scope for admitting the appeal. Appeal is dismissed in limine. Office will forward the copy of this order to the Forum....

Puthumana Meenakshi Amma Vs. Puthumana Kalliani Amma

Court: Kerala

Reported in: ILR2010(4)Ker449

1. This appeal arises out of a suit for partition, in  which the defendants suffered a preliminary decree at the  hands of the appellate court. The parties and facts are  hereinafter referred to, as they are available before the  Trial Court.                2. The suit for partition was laid on the allegation  that Ext.A2 acquisition by Madhavi Amma was for and on  behalf of the thavazhi of which she was the eldest female  member, at the relevant time. Defendants 2 and 3 are her  daughters and the rest of the parties are her grand  children. It is alleged that Ext.A2 acquisition by Madhavi  Amma, was utilising the funds of the thavazhi and it has  been treated as a thavazhi property as would be evident  from Exts.A5 to A7. Since the plaintiffs did not intend to continue joint possession, they sought partition of the  property, claiming 42 shares out of ...

Shri Varghese Ukken Vs. State Bank of India and ors.

Court: Kerala

Reported in: ILR2010(4)Ker645

1. Whether the sale of the secured asset, conducted for the  'Reserve Price' fixed in respect of the property will stand vitiated,  for having not obtained 'consent of the borrower/defaulter' by  virtue of the 'second proviso' to Rule 9 (2) of the Security Interest  (Enforcement) Rules, 2002 (hereinafter referred to as 'the Rule')  is the primary question to be answered in this case. The  incidental question is; whether interference is warranted, invoking  the discretionary jurisdiction under Article 226 of the Constitution  of India, in view of the several other Writ Petitions and  proceedings filed earlier, wherein the challenge raised against  allegedly inadequate 'reserve price' has been rejected; when the  opportunities given to the defaulters to satisfy the liability in a  phased manner have not been utilized and when the alternate  remedy availed under Section 17 of the SARFAESI Act, by filing S.A. 49 of 2007 has b...

Padmavathi Amma Vs. the Special Tahsildar

Court: Kerala

Reported in: ILR2010(4)Ker617

1. Appeal is filed against judgment of the learned Single Judge directing the appellant and respondents to seek remedy in respect of the matter before the civil court. We have heard counsel for the appellant and Government Pleader appearing for the respondents. 2. The facts leading to the filing of the Writ Petition are the following. Appellant's 23 sq. metres of land with a small building thereon situated on the road side in Trivandrum was acquired for widening the road. The total compensation fixed by the Land Acquisition Officer for the small extent of land and building was Rs.2,59,739/-. The case of the Land Acquisition Officer is that even though notice was issued for taking over advance possession and compensation was also fixed, possession was in fact not taken over. However, when possession was taken, the small building situated in the land was seen demolished. Therefore, the Land Acquisition Officer by a subsequent order reduced the compensation originally fixed and payable to...

N.T.Babu Vs. the Manager, United India Insurance Co.Ltd. Palakkad

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

SRI.M.V.VISWANATHAN,JUDICIAL MEMBER Appellant was the complainant and respondent was the opposite party in OP.198/03 on the file of CDRF, Palakkad. The aforesaid complaint was filed alleging deficiency in service on the part of the opposite party/United India Insurance Company Ltd. in repudiating the insurance claim for Rs.4,92,000/-. The opposite party offered only Rs.44,000/-. Aggrieved by the repudiation of the said claim made by the complainant, the OP.198/03 was filed. The opposite party/Insurance Company entered appearance and submitted that the loss was assessed by the approved surveyor and the loss was assessed at Rs.44,000/-. It was also contended that the insurance policy was taken for commercial purpose. Thus, the opposite party prayed for dismissal of the complaint. 2. Before the Forum below, A1 to A12 documents were marked on the side of the complainant and B1 to B3 on the side of the opposite party/Insurance Company. Ext.X1 statement of accounts produced by South Indian ...

B.K.Thankappan Vs. Velayudhan Nadar

Court: Kerala

Reported in: ILR2010(4)Ker408

1. These revisions arise from the order of Land Reforms  Appellate Authority, Alappuzha (for short, "the Appellate  Authority") in A.A.Nos.22 of 2009 and 92 of 2005 confirming the  order passed by the Deputy Collector (Land Tribunal), Alappuzha  (for short, "the Land Tribunal") in O.A.No.658 of 1976. Question  raised for a decision is whether in the case of a deemed tenant  who was found so by the Civil Court after the expiry of six months  from the date of commencement of Act 35 of 1969, an application  for resumption under Section 17 of Kerala Land Reforms Act (for  short, "the Act") could be filed within six months from the date of  decision of the Civil Court regarding deemed tenancy? 2. Short facts necessary for a decision of the question  are:  Respondent No.1 filed O.S.No.1089 of 1966 in the court of  learned Munsiff,  Thiruvananthapuram for redemption of  mortgage over 11 cents with two buildings thereon...

Prasanth Babu.M. Vs. Kannur Kalluchethu Vyavasaya

Court: Kerala

Reported in: ILR2010(4)Ker512

1. The petitioner, a Municipal Councilor representing the local public has filed this writ petition for a direction to the respondents to shift Toddy Shop No.3 located at Thekky Bazar in Kannur Town to another place. 2. We have heard the counsel appearing for the petitioner, the counsel appearing for the first respondent and the Government Pleader appearing for the remaining respondents. The above mentioned toddy shop was shifted to the objectionable site in the busy town area under Ext.P6 order issued by the Commissioner of Excise on 17.2.2010. However, ever since the toddy shop was shifted to the densely populated area in the town, the people including school children and ladies started agitation against the continuance of the toddy shop. The petitioner has produced large number of photographs and reports published in the news papers about the agitation taken up by the local people for closure of the toddy shop. Ultimately, the representatives of the political leaders including the l...