Kerala Court January 2014 Judgments
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New India Assurance Co.Ltd. Vs. M.G. Saramma (Sara Job)
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
K. Chandradas Nadar : Judicial Member Appellant was the opposite party in CC.No.157/2009 in the CDRF, Alappuzha. The respondent / complainant is the widow of Sri.C.P.Job, who died in a motor vehicle accident on 15.12.2007. It is alleged in the complaint that deceased Job was holding Janatha Personal Accident Policy from the opposite party by purchasing Dollars India Card No.190265. The sum assured in the policy is Rs.2 lakhs. The complainant is the nominee of this policy. The master policy agreement between the parties is valid for 10 years from 10.05.99 to 09.05.2009. Since the policy covers death due to accident only, the complainant is entitled to recover the insured amount. After the death of Mr.Job, the complainant approached the opposite party. But her claim was repudiated. The complainant asserted that deceased Job became the card holder of Dollars India Ltd only on the attraction of the insurance policy. The opposite party failed to pay the sum assured without any valid reason....
The Branch Manager, Lic of India Vs. T.P. Jagadeesan
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
P.Q. Barkathali: President This is an appeal filed by the opposite party, LIC of India, Thrissur Branch in OP.127/05 on the file of CDRF, Thrissur challenging the order of the Forum dated, June 15, 2012 directing the appellant to pay the disability benefit under Ext.R3 policy with a compensation of Rs.5000/- and a cost of Rs.500/-. 2. The case of the complainant as detailed in the complaint before the Forum in brief is this:- Complainant is a holder of two policies having Nos.772907395 and 772907378. In one policy the sum assured is Rs.40,000/- and in another policy the benefit is Rs.50,000/-. In an accident that happened on September 22, 2001 the left hand of the complainant was amputated. The complainant claimed the disability benefit under the policy. But the opposite party repudiated the claim. Therefore the complainant filed the complaint claiming that amount. 3. The opposite party is LIC of India represented by its Manager, Thrissur branch. He in his version contended thus before...
Varghese Mannumkal Vs. C.J. Harikumar
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
Mrs. A. Radha : Member Appellant is the complainant in C.C.No.166/12 on the file of CDRF, Pathanamthitta, who preferred this appeal. The Forum Below dismissed the complaint on the ground that the complainant had not taken steps for adducing any evidence and had not accepted the receipts as the authenticity for allowing the complaint. 2. The case of the complainant is that the complainant was a chittal in a 10 month chitty having Sala of Rs.50,000/- conducted by the opposite party. The 1st instalment of Rs.5,000/- was paid on 14/09/2011. The entire 10 instalments were paid and the last payment was on 10/07/2012. It is stated in the complaint that the pass book of the chitty was handed over to the opposite party for verification of the account and the complainant was advised to come on the very next day to collect the amount. When the complainant approached the opposite party the next day itself to collect the chitty amount, the opposite party was not ready to disburse the chitty amount ...
Varghese Benny and Another Vs. Philip Mathew
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
V.V. Jose : Member This appeal is filed by the opposite parties in CC.No.171/2012 in the CDRF, Pathanamthitta. 2. The case of the complainant in the above CC in brief is as follows. 3. The complaint was filed by Sri.Thomas Mathew as the power of attorney holder of Sri.Philip Mathew. On May 2011 complainant entrusted the interior work of his new building to the opposite parties, who carrying on business of interior decoration under the name and style œ Civic Interiors . In pursuance of the mutual agreement complainant paid an amount of Rs.25000/- to the opposite parties, on a promise to start the carpentry work by early November. They started the work on 27.11.2011. The workers were North Indians, who are not capable of doing carpentry work. Complainant provided free accommodation to the workers on the request of opposite parties. Complainant paid Rs.25000/- again on request of the opposite party. The work done was defective and negligent, as no supervision, resulted in wastage of...
United India Insurance Co.Ltd. Vs. P. Gireesh
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
K. Chandradas Nadar : Judicial Member Appellant was the opposite party in CC.No.307/2011 in the CFRF, Thiruvananthapuram. The complainant / respondent in this appeal was a member of Unihealth Insurance Scheme of the United India Insurance Company (opposite party) from March 2000. He joined the scheme through the SBT Engineering College Branch, Thiruvananthapuram. The insured amount was Rs.1 lakh. The complainant alleged that he was admitted at the Ananthapuri Hospital, Thiruvananthapuram on 12.07.2013 for surgery and was discharged from the hospital on 15.07.2013. Ananthapuri Hospital is a hospital approved under the scheme. The opposite party at the time of discharge of the complainant from the hospital had denied his claim and he was forced to remit the bill amount of Rs.32,780/-. The complainant took up the matter with the insurance company. He was told to submit fresh claim and accordingly he submitted a revised claim on 20.07.2011. On 20.08.2011 he received cheque for Rs.15,000/- ...
T.K. Binod Vs. M/S. Telco Constructions Equipment Co. Ltd. and Another
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
Smt. A. Radha : Member On dismissal of complaint by the CDRF, Ernakulam in C.C.No.306/10 the complainant preferred this appeal. 2. It is the case of the complainant that complainant purchased œBackhoe arm? loader from 2nd opposite party on 13/06/2008 for Rs.21,97,000/- for earning his livelihood by means of self-employment. The warranty was provided to the machine for one year or 2000 operating hours. The complainant availed a loan and he had to remit @ Rs.53,500/- each towards monthly instalments. The machine had to be taken to the workshop for repairs on 30 occasions within the warranty period. Due to recurring complaints the complainant could not generate any income by working machine and hence defaulted the repayment of the loan amount. It is stated in the complaint that the machine was repossessed by the financiers on account of non payment of loan amount and at the time of repossession the amount due to the financiers was Rs.27,15,932/-. The 2nd opposite party had collected...
John Chandy Vs. Kerala State Electricity Board, R/by Its Secretary, Vy ...
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
P.Q. Barkathali: President This is a Revision Petition filed by the complainant in CC.109/13 of CDRF, Kottayam challenging the order of the Forum dated, July 26, 2013 in I.A.70/13 dismissing the petition. 2. Complainant filed the complaint before the Forum against the Electricity Board cancelling the penal bill for Rs.6,30,323/- issued to the petitioner. The said bill was issued by the Board on the allegation that Anti Power Theft Squad of KSEB detected theft in the electrical connection on inspection. I.A.70/13 was filed by the complainant for reconnection of the electric connection. 3. As the Forum found that complainant has approached the Honble High Court challenging the said bill where the High Court has directed the respondents for fresh inspection, the petition is not maintainable. Complainant has challenged the said order in this revision. 4. Admittedly complainant has filed Writ Petition No.1690/13 before the Honble High Court and by its order dated:17.01.2013 it was found thu...
ignatius Vs. the Manager, Federal Bank
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided on: Jan-31-2014
K. Chandradas Nadar : Judicial Member The appellant was the complainant in CC.No.393/2011 in the CDRF, Thiruvananthapuram. The complainant had availed a loan from the opposite party Federal Bank, Kallikkad Branch for plying a tourist taxi which was hypothecated to the bank. It is alleged that the complainant repaid an amount of Rs.1, 73,000/- during the period from 1997 to 2011. But CF test was essential for continuing taxi service. Hence the complainant approached the bank to return the registration certificate, insurance etc relating to the vehicle to enable him to appear for CF test but there was no response from the side of the opposite party. Hence the complainant could not take his vehicle for CF test on 07.12.2002. The original documents relating to the vehicle such as RC book certificate of insurance etc were under the custody of the bank. Complainant suffered heavy loss and injury as the bank failed to return the original documents relating to the vehicle. The complainant coul...
Jose BenjamIn Vs. the Station House Officer
Court: Kerala
Decided on: Jan-30-2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE30H DAY OF JANUARY201410TH MAGHA, 1935 Bail Appl..No. 519 of 2014 ------------------------------------- CRIME NO. 44/2014 OF KOTTARAKKARA POLICE STATION , KOLLAM ------------ PETITIONER/ ACCUSED1TO5 -------------------------------------------- 1. JOSE BENJAMIN, AGED35YEARS, S/O BENJAMIN MATHEW, BETHEL VILLA, ANAKOTTOOR, NEDUVATHUR, KOTTARAKKARA, KOLLAM.2. VINESH KUMAR, AGED26YEARS, S/O VISHWANATHAN UNNITHAN, VINESH BHAVAN, NEELESWARAM P.O, KOTTARAKKARA, KOLLAM.3. N. VENKATESHWARAN, AGED40YEARS, S/O MUTHUKRISHNAN, HOUSE NO1171, IST STREET, KAMBISSERY, KADAYANALLOOR, THIRUNELVELI, TAMIL NADU.4. SUBASH@ ABBAS, AGED30YEARS, S/O SHAHUL HAMED, 10B SHIVAGIRI STREET, PULIYAMKUDI, THIRUNALVELI, TAMIL NADU. BY ADV. SRI.B.MOHANLAL RESPONDENT/ COMPLAINANT: -------------------------------------------- THE STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROS...
V.D.John Vs. the Kerala State Road Transport Corporation
Court: Kerala
Decided on: Jan-30-2014
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE30H DAY OF JANUARY201410TH MAGHA, 1935 WP(C).No. 722 of 2013 (M) -------------------------- PETITIONER(S): -------------- 1. V.D.JOHN, AGED66YEARS S/O. DAVID, VALIYAVEETIL HOUSE SOUTH PARAVOOR P.O., VIA UDAYAMPEROOR ERNAKULAM DISTRICT, (DRIVER, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON3110/1997 FROM ERNAKULAM DEPOT).2. A.J.MICHAEL, S/O. JOSEPH, AGED66YEARS, ARACKAL HOUSE ANJUMANA JUNCTION, EDAPALLY P.O, COCHIN -24 (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON3107/2000 FROM ERNAKULAM DEPOT.3. P.A. BABU S/O. ANANDAN, AGED69YEARS, PULLIYADATH HOUSE CHILAVANNOOR ROAD, KADAVANTHRA P.O., COCHIN -20 (VEHICLE SUPERVISOR, KERALA STATE ROAD TRANSPORT CORPORATION RETIRED ON3105/1998 FROM ERNAKULAM DEPOT). BY ADV. SRI.K.P.JUSTINE (KARIPAT) RESPONDENT(S): -------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR TRANSPO...
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