Mumbai Court September 2009 Judgments

Mr. Sudhakar S. Patil Vs. Navodaya Education Trust, Raichur and Others

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri P.N. Kashalkar, Honble Presiding Judicial Member This appeal is filed by original complainant against the inadequate compensation granted while allowing this complaint by District Forum, Central Mumbai in consumer complaint no.119/2007 by its order dated 06/02/2009. Facts to the extent material may be state as under: The complainant resident of Dadar had filed this consumer complaint against Navodayan Education Trust, Raichur, Karnataka. The President/Chairman, Director and Principal of the said Trust were impleaded as parties. According to complainant, his son/ Master Bhushan had passed 12th examination in March, 2006. Opposite party had given advertisement in local newspaper. As per the said advertisement, his son applied for BDS course in the dental college run by opposite party/Trust. His son met opposite party nos.2 to 4 on 10/08/2006 and he was assured by those opp.parties that he would be admitted in the BDS course if Rs.2,88,000/- fee will be deposited by ...

Shri Suryabhan Waman Gaikwad Vs. Shri Manik Keda Magar Prop. of M/S. M ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri P.N. Kashalkar, Honble Presiding Judicial Member Being aggrieved by the order by the District Consumer Disputes Redressal Forum in consumer complaint No.320/2008 wherein Forum below was pleased to allow an application of the O.P. dated 08/06/2009 for appointment of Executive Engineer, P.W.D., Nashik as Court Commissioner, org. complainant has filed this Revision Petition challenging the said order. The facts to the extent material may be stated as under :- Complainant who is revision petitioner had filed consumer complaint against the O.P./respondent herein, who is building contractor alleging deficiency in service on the part of building contractor. Complainant had made complaint against O.P. in Police Station. Then, at the instance of Police, estimate of remaining incomplete work was made, but as per the estimate, O.P. had not carried out incomplete construction. He denied the allegations of complainant and when case was fixed for arguments, he moved an applicat...

Shri Vishnu Sarjerao Shelke and Others Vs. the Chairman, Wakhari Vivid ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Shri S.R. Khanzode, Honble Judicial Member. Consequent to the repudiation of insurance claim arising out of accidental death of late Shri Vishnu Sarjerao Shelke, this consumer complaint is filed. Opposite Party No.3 National Insurance Co. (hereinafter referred to as the insurance company), floated an insurance scheme known as Samuhik Janata Apghat Vima i.e. Janata Personal Accident (Group) Policy. It was for the benefit of members of various cooperative societies falling within jurisdiction of Pune District Central Cooperative Bank Ltd., Late Vishnu Sarjerao Shelke was the member of Opposite Party No.1 with Wakhari Vividh Karyakari Seva Sahakari Society and accordingly, as per the above referred insurance scheme, on 15th December 1998, deposited one time premium of Rs.200/- with the Opposite Party No.1, hereinafter referred to as the Society, who on the same day passed it on to Opposite Party No.2 Pune District Central Cooperative Bank Ltd., hereinafter referred to as the Bank a...

icici Bank Ltd., (Erstwhile Sangli Bank Ltd.), Dist- Ratnagiri Vs. Shr ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri P.N. Kashalkar, Honble Presiding Judicial Member: We heard Adv. Shri N.D. Yelkar for the appellant. He has filed this written application seeking withdrawal of the Appeal No.1565/2007. According to Advocate for Appellant, the matter has been settled between the parties out of court and therefore, his client want to withdraw the said appeal. Hence, we pass the following order:- Order: 1. Appeal stands dismissed as withdrawn. 2. The amount of Rs.25,000/- deposited by the appellant while seeking stay from this Commission be refunded back to the appellant by District Forum, Ratnagiri. 3. Parties are left to bear their own costs. 4. Misc.Application No.2127/2007 for Stay stands disposed of. 5. Copies of the order herein be furnished to the parties....

Dr. Vijay S. Pradhan and Another Vs. Dr. Niteen C. Dedhia and Others

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Mr. P.N. Kashalkar, Honble Presiding Judicial Member 1) By this common judgment, we are disposing of two complaints, one filed by Dr.Vijay S. Pradhan and another filed by Shri Manharlal J. Parekh. Both of whom had filed consumer complaint against Dr.Niteen Dedhia/O.P.No.1 and Lilavati Hospital and Research Centre/O.P.No.2, since question of facts and laws involved in both these complaints are similar. 2) In Consumer Complaint No.33/2002, Dr.Vijaykumar Pradhan is the complainant. He has averred in his complaint that he is practising Paediatrician having practice of 40 years. He was President of Bombay West Suburban branch and Vice President of the Indian Medical Association, Maharashtra State Branch. He was also member of Central Council. He is therefore well known within the medical circle of Mumbai. 3) He further pleaded that he was having a cataract in the right eye which was required to be removed surgically. He therefore approached O.P.No.1 Dr.Nitin Dedhia for carrying out s...

Shri Ramawadh S/O Kuhesh Chavhan Vs. the State of Maharashtra Through ...

Court: Mumbai

Reported in: 2009(111)BomLR3911

P.D. Kode, J.1. By present application in revision, applicant-accused in Crime No. 49/2007 registered with Koradi Police Station for commission of offence punishable under Sections 325, 506 of Indian Penal Code upon complaint of his brother non-applicant No. 2 has thrown challenge to order dated 8.5.2007 passed by learned 1st Ad-hoc District Judge and Additional Sessions Judge, Nagpur allowing application in Revision No. 258/2007 preferred by non- applicant No. 2 and setting aside order dated 27.4.2007 passed by learned JMFC Court No. 6, Nagpur and holding non-applicant No. 2 being entitled for the custody of Auto-Rickshaw bearing No. MH-31AP/ 5846 seized by Koradi Police Station in connection with said Crime No. 49/2007 on furnishing suprutnama bond to investigating officer in sum of Rs. 1,50,000/-with usual terms and conditions. The applicant-accused has prayed for setting aside order impugned and directing non-applicant No. 2 for handing over custody of auto- rickshaw to applicant-a...

Shubhangi Krishna Patil Vs. Rupali Krishnan Bachhe (Patil) and the Hea ...

Court: Mumbai

Reported in: 2010(1)MhLj253

P.B. Majmudar, J.1. This appeal is directed against the judgment and order dated 22nd May, 2007, passed by the learned Principal Judge, Family Court at Mumbai in Petition No. B83 of 2002. By the aforesaid order, the learned Judge has held that the respondent No. 1 herein is legally wedded wife of Krishnat Bachhe (Patil). By the aforesaid order, the learned Judge also directed the appellant herein not to withdraw any amount from respondent No. 2 wherein deceased Krishnat Bachhe (Patil) was serving.2. The facts leading to the controversy are as under.3. Respondent No. 1, Rupali Krishnant Bachhe (Patil) filed a petition before the Family Court at Bandra, Bombay seeking declaration that (i) she is the legally wedded wife of one Krishnant Bachhe (Patil)and (ii) the marriage between appellant and the late Krishnant Bachhe (Patil) is illegal, null and void. Respondent No. 1 also prayed that she is entitled to the property left by the deceased Krishnant Bachhe (Patil). The said petition was op...

Shri Shirish Waman Bhave and Another Vs. M/S. Mohan Three Wheelers Pvt ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Shri P.N. Kashalkar, Honble Presiding Judicial Member Heard Mr. U.B. Wavikar-Advocate for the respondent no.1. Appellants absent. Advocate Mr. Wavikar points out that in terms of consent terms, they had issued cheque of Rs.2000/- to Mr. Shirish Waman Bhave and they have repaired the scooter and delivered the same to Shri Bhave. Hence, it appears that appellants are not interested in prosecuting this appeal. We, therefore, hold that this appeal should be disposed of as not prosecuted, copy of which is already on record. Hence, the following order:- Order Appeal stands disposed of as not prosecuted. Misc. application stands disposed of. Copies of the order be furnished to the parties....

Sigtia Constructions Pvt. Ltd. Vs. State of Maharashtra and ors.

Court: Mumbai

Reported in: 2010(1)BomCR414

R.G. Ketkar, J.1. All these petitions challenge the order dated February 6, 2007 passed by the Chief Executive Officer, Slum Rehabilitation Authority (for short 'SRA'). The controversy in all these petitions relates to the grant of Letter of Intent (for short 'LOI') for implementation of Slum Rehabilitation Scheme (for short 'Scheme') on a plot bearing CTS Nos. 439 to 442, 443, 444 (part), 447, 451, 452, 453A and 454A situate at village Vileparle, Taluka Andheri, Mumbai Suburban District (for short the 'said plot') of the proposed Premnagar Cooperative Housing Society (for short 'Society), therefore all these petitions can be conveniently disposed of by a common order. Writ petition No. 1036 of 2007 is instituted by M/s. Sigtia Constructions Private Limited (for short 'M/s. Sigtia'). Writ petition No. 1075 of 2007 is instituted by Mr. Ramchandra Mahadev Jagtap and nine Others (for short hereinafter referred to as'Jagtap and Ors.') who are eligible slum dwellers and are residents of the...

Shikshan Prasarak Mandal, Through Its Chairman - Shri Raikumar B. Guja ...

Court: Mumbai

Reported in: 2009(6)BomCR1

Swatanter Kumar, C.J.1. The Petitioner Gramvikas Shikshan Prasarak Mandal is a Public Charitable Trust as well a Society duly registered under the Public Trusts Act, 1950, and the Societies Registration Act, 1860, respectively, which claims that it is running one Secondary School from 5th to 12th standard at Talegaon Dhamdhere. The Deputy Director of Education, Pune Region, Pune and the Director of Education are responsible for and have overall control over educational activities in the Pune region and State of Maharashtra, respectively. The school run by the Petitioner was established and started in the year 1959 and there are nearly 1300 to 1500 students studying in the said school. According to the petitioner, the school has been showing good results in the academic courses. There is another secondary school at Vithalwadi which is at a distance of 4 kms., run by Pandurang Shikshan Prasarak Mandal. In fact, there are two other schools, one at Sanaswadi run by Nareshwar Shikshan Prasa...