Kerala Court January 2012 Judgments
Shriram City Union Finance Limited and Another Vs. T.N. Sasi
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-30-2012
JUSTICE SHRI. K.R.UDAYABHANU : PRESIDENT The appellants are the opposite parties/ Financiers in C.C. 274/10 in the file of CDRF, Idukki. The appellants are under orders to close the loan account of the complainants vehicle by calculating the market value of the vehicle at Rs. 25,000/- and the balance due installments to be calculated with 12% interest per annum from the due date after deducting 12 installments paid by the complainant. The case of the complainant is that he purchased a Kinetic Nova Scooter in February, 2007 at a cost of Rs. 44,900/- The sum of Rs. 17,000/- was paid by him and the balance arranged as loan with the opposite parties. The repayment of loan was to be made in 36 EMIs @ Rs. 1,236/- towards the loan amount of Rs. 31,400/ . The complainant paid Rs. 15,110/- ie 12 installments. On account of the death of his son-in-law of Bhopal, he could not repay the loan. Thereafter he surrendered the vehicle on 18.6.09 on the assurance that the loan amount will be closed. The...
Tag this Judgment!Hiralal and Another Vs. M/S. India Cements Ltd. Represented by Its Sen ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
SHRI. S. CHANDRA MOHAN NAIR : MEMBER The complainants in OP 295/99 before the CDRF, Thiruvananthapuram are the appellants herein who are aggrieved by the dismissal of their complaint by the Forum below vide order dated: 31.7.2000. 2. The complainants had approached the Forum stating that they had purchased a Mitsbushi Eicher vehicle from one Mr. Raghuvaran on 18.6.98, which was registered in the name of Smt. Kanakambika and that the vehicle was purchased by Kanakambika by availing a loan of Rs.6,40,000/- on 30.12.97 from the 1st opposite party. It was further stated that as the loanee could not repay the amount, there was a fresh agreement executed by the loanee and the complainants with the consent and knowledge of the 1st opposite party and the 1st opposite party had directed the complainants to pay a sum of Rs.1,00,000/- as initial payment on or before 31.7.98 and the balance of Rs.7,49,280/- was scheduled to be paid in 40 monthly installments, at the rate of Rs.18,732/-. The compla...
Tag this Judgment!Jacobs Bakers and Outdoor Catering, Velloor P.O., Pampady and Others V ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
SHRI. S. CHANDRA MOHAN NAIR : MEMBER This Revision Petition is filed by the opposite parties in CC No. 162/11 before the CDRF Pathanamthitta. In the IA No. 1659/11 they had taken a specific contention that the complaint was not maintainable before the Forum. The Forum below had dismissed the petition. 2. The learned counsel for the Revision Petitioners/opposite parties vehemently argued before us that there was a civil case filed by the complainant against the opposite parties as O.S. No. 389/11 before the Munsiffs Court, Thiruvalla and that the matter in issue in both the civil case and the consumer case is one and the same and hence the Forum had no jurisdiction to adjudicate the matter. It is also his case that since the complainant had already proceeded against the opposite parties, all the reliefs could be adjudicated in the Civil Court itself. 3. On issuing notice the respondent/complainant appeared through his counsel and the learned counsel submitted before us that the civil ca...
Tag this Judgment!Mar Athanasios College for Advanced Studies, Thiruvalla (Macfast), Rep ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT Appeal 333/11 was filed over the order in CC.4/09 and Appeal 342/11 is filed over the order in CC.167/08 in the file of CDRF, Pathanamthitta. The opposite parties/appellants are under orders to refund the amounts collected from the complainants vide receipts issued by the opposite parties with interest at 9% per annum from the date of complaints along with compensation of Rs.50,000/- each and cost of Rs.5000/-. If the amounts are not paid within 30 days the amounts will carry interest at 10% from the date of the order of the Forum ie on 28.2.2011. 2. The complainants in CC.167/08 are the father of the 2nd complainant who was the student at 1st opposite party college and the daughter and the complainant in CC.4/09 was the student in the 1st opposite party college. Both of them had joined in the 1st opposite party college for 2006-2008 batch of the 2 year MSc Phyto medical Sciences and Technology course offered by the opposite parties. The compla...
Tag this Judgment!The Manager, Kozhikode, District Co-operative Bank, Perambra Branch, P ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENTThe appellants are the opposite parties/Kozhikode District Co-operative Bank, Perambra Branch. in C.C. 495/08, in the file of CDRF, Kozhikode. The appellants are under orders to refund a sum of Rs. 6,500/- with compensation of Rs. 1,000/- and cost of Rs. 500/- and with interest at 9% from the date of the order of the Forum. The dispute is with respect to the amount of Rs. 6,500/- realized by the bank/appellant when the loan amount of the complainant was settled by way of one time settlement vide the order of the High Court of Kerala in Writ petition C 11693/05. According to the opposite parties the above amounts were incurred for payment of advocate fee etc with respect to the arbitration proceedings. Evidence adduced consisted of the testimony of pw1, Rw1 Exts. A1 to A7, B1 and B2. It has come out in evidence that it is after the interim order of the High Court dtd 7.4.2005 that the opposite party initiated the arbitration proceedings on 27.10.20...
Tag this Judgment!General Manager, St. Anthonyâs Motors India Ltd. Vs. Jijimon P.M. ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellant is the 1st opposite party in CC 13 /2010 in the file of CDRF, Kottayam . The appellant is under orders to pay compensation of Rs.25000/- etc. 2. The appellant was ex-parte before the Forum. 3. In the circumstances and in view of the fact that the order is not a considered one the same is set aside on condition that the opposite parties pay a sum of Rs.7500/- towards costs to the complainant or deposit the same before the Forum which can be withdrawn by the complainant. On payment of cost the Forum will permit the opposite parties to contest the case and dispose of the case on merits. 4. The case stands posted before the Forum on 3.3.2012. Office will forward the copy of this order to the Forum....
Tag this Judgment!The Manager, Hdfc Bank Ltd., Muvattupuzha Road, Thodupuzha and Another ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties in CC 275 /2010 in the file of CDRF, Idukki. The appellants are under orders to return the NOC and termination letter of hypothecation and pay Rs.4000/- as compensation Rs.1000/- as costs. 2. The opposite parties/appellants were ex-parte before the Forum. 3. In the circumstances and in view of the fact that the order cannot be treated as a considered one the same is set aside on condition that the opposite parties pay a sum of Rs.7000/- to the complainant towards costs or deposit the same before the Forum which can be withdrawn by the complainant. On payment of cost the Forum will permit the opposite parties to contest the matter. 4. The case stands posted before the Forum on 3.3.2012. Office will forward the copy of this order to the Forum....
Tag this Judgment!Bajaj Finance Limited Vs. R. Subair
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-28-2012
SHRI. S. CHANDRA MOHAN NAIR : MEMBER This appeal is filed by Bajaj Finance Limited, Old Mumbai- Pune Highway, Akurdi, Pune who is aggrieved by the order dated: 7.4.2010 of CDRF, Kasargod in CC No. 264/2009. As per the order the opposite party who was exparte before the Forum below is fastened with the liability of payment of Rs.26,112/- with compensation of Rs.8,000/- and cost of Rs.2,000/- within 30days from the date of receipt of order failing which the opposite party is also under directions to pay interest @12% p.a for the amount of Rs.26,112/- from the date of complaint till payment. 2. The case of the complainant was that he had availed a loan from the opposite party and after remitting a substantial amount he wanted to close the loan and when he approached for closing the loan, the opposite party demanded Rs.18,382/- more and that the original RC was not handed over to him for indemnifying the loss sustained to his vehicle in an accident. The complainant had also stated that the...
Tag this Judgment!The Thrissur Taluk Co-operative College and Another Vs. the Joint Regi ...
Court: Kerala
Decided on: Jan-25-2012
Has the joint Registrar of Co-operative Societies the jurisdiction to direct reinstatement with back wages of an employee dismissed from service by the Co-operative Society? This is the interesting question that arises for consideration in this writ petition. 2. An educational co-operative society registered under the Kerala Co-operative Societies Act; 1969 (hereinafter referred to as ‘the Act’ only) and its President are the petitioners. Respondents 2 to 4 were the teachers employed in the Co-operative Arts and Science College run by the society. Respondents 2 to 4 were placed under suspension by Ext.P1 proceedings of the Administrator of the society for alleged misdemeanor on duty. The allegation was that respondents 2 to 4 trespassed into the office of the society and obstructed the then Administrator in office and the Returning Officer. They also allegedly damaged the computers and the telephone kept in the office embarrassment to the students who had come to the colleg...
Tag this Judgment!Liji Agencies Vs. Raghunath and Others
Court: Kerala
Decided on: Jan-25-2012
PIUS C. KURIAKOSE, J 1. Under challenge in this revision filed by the tenant, a partnership firm by name "Liji Agencies", is the order of eviction passed against the revision petitioner on the ground of arrears of rent under Section 11(2)(b), subletting under Section 11(4)(i) and cessation of occupation without reasonable cause under Section 11(4)(v) of Act 2 of 1965. The landlord had invoked the ground under Section 11(3) also but that ground does not survive any longer. 2. Sri.P.V.Chandramohan, the learned counsel for the revision petitioner submitted at the very outset that as the eviction order passed under Section 11(2)(b) is a tentative one, it will suffice, if the petitioners are given sufficient time to avail the remedy under Section 11(2)(c). Therefore, we confirm the eviction order passed under Section 11(2)(b) and grant to the revision petitioner two months time from today for getting the same vacated under Section 11(2)(c). 3. In this revision we are concerned with the corr...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »