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Scdrc Court January 2014 Judgments

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Jan 04 2014

The Oriental Insurance Company Limited Vs. Ashok Kumar Singh

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Jan-04-2014

(Order) R.S. Sharma, President: 1. This appeal is directed against the order dated 25.10.2011 of District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.), (henceforth "District Forum"), passed in Complaint Case No.105/2010. By the impugned order the complaint of the complainant/respondent, has been partly allowed and the District Forum, has directed the appellant/O.P./Insurance Company to pay a sum of Rs.1,73,202/- along with interest @ 6% p.a. from the date of filing of the complaint i.e. 06.08.2010 till realisation and also to pay Rs.5,000/- as compensation for financial loss, mental and physical agony and Rs.1,000/- as cost of litigation. 2. In brief, the facts of the complaint case are that the respondent/complainant is registered owner of Tata J.D. Machine (Loader), bearing registration No.C.G.15-A-6972. The said vehicle was insured with the appellant/Insurance Company and the appellant/Insurance Company received sum of Rs.15,980/- from the complainant/respondent as p...


Jan 04 2014

The Oriental Insurance Company Limited Vs. Shyamkali and Another

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Jan-04-2014

(Order) R.S. Sharma, President: 1. This appeal is directed against the order dated 07.08.2012 of District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth œDistrict Forum") in Complaint Case No.220/2009, whereby the complaint of the respondent No.1/ complainant, has been allowed. 2. The appellant/O.P.No.1 has preferred this appeal against the impugned order dated 07.08.2012 passed by the District Forum and also filed application for condonation of delay in filing the appeal. 3. We have heard arguments of learned counsel for both the parties on the application for condonation of delay and have also perused the record of the District Forum. 4. In Revision Petition No.1616 of 2011 - National Insurance Company Ltd. Vs. Shri P. Rangaswamy and anr, decided on 11.11.2013, Hon'ble National Commission held thus ; "8. In Ram Lal and others Vs. Rewa Coalfields Ltd., AIR 1962 Supreme Court 361, it has been observed :- It is, however, necessary to emphasize that even after suffi...


Jan 04 2014

The Oriental Insurance Company Limited Vs. Chanmati @ Chandmukhi and A ...

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Jan-04-2014

(Order) R.S. Sharma, President: 1. This appeal is directed against the order dated 05.01.2013 of District Consumer Disputes Redressal Forum, Bilaspur (C.G.) (henceforth œDistrict Forum") in Complaint Case No.136/2010, whereby the complaint of the respondent No.1/ complainant, has been allowed. 2. The appellant/O.P.No.1 has preferred this appeal against the impugned order dated 05.01.2013 passed by the District Forum and also filed application for condonation of delay in filing the appeal. 3. We have heard arguments of learned counsel for both the parties on the application for condonation of delay and have also perused the record of the District Forum. 4. In Revision Petition No.1616 of 2011 - National Insurance Company Ltd. Vs. Shri P. Rangaswamy and anr, decided on 11.11.2013, Hon'ble National Commission held thus : "8. In Ram Lal and others Vs. Rewa Coalfields Ltd., AIR 1962 Supreme Court 361, it has been observed :- It is, however, necessary to emphasize that even after suffi...


Jan 03 2014

R.C.C. Construction and Others Vs. Dr. Atindra Nath Dey and Others

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-03-2014

Kalidas Mukherjee, President: This revisional application is directed against the order no.8 dated 22/04/13 passed by Learned District Forum, Alipore, South 24-Parganas in case no.42 of 2013 rejecting thereby the petition filed by the OPs on the ground of maintainability of the complaint case. The Learned Counsel for the revision petitioner has submitted that on the self-same prayer the matter is pending before the Authorized Officer under the West Bengal (Regulation of Promotion of Construction and Transfer by Promoters) Act, 1993. It is submitted that the said Act of 1993 is also a special Act and the complainant having approached the Authorised Officer under the said Act of 1993, the instant complaint under the C. P. Act is not maintainable. The Learned Counsel for the revision petitioner herein has submitted that if the complainant elects one Forum he cannot subsequently approach the other Forum for the same remedy. In this connection the Learned Counsel has referred to the decisio...


Jan 03 2014

Santhakumari Vs. Nandipulam Service Co-operative Bank

Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

Decided on: Jan-03-2014

P.Q. Barkath Ali : President This Revision Petition is filed against the order of the CDRF, Thrissur, in IA 364/13, IA 365/13 in CC 529/09 dated 31/05/13. The complainant has filed the complaint before the Forum alleging that the opposite parties Nandipulam Service Co-operative Bank, Mukundapuram had charged excessive interest for the cash credit loan taken by her. The Power of Attorney holder of complainant was examined and documents were marked by the Forum and the case has posted for the opposite partys evidence. At that time complainant filed the above petitions calling upon the opposite party to produce statement of accounts. The Forum dismissed the petition stating that petitions are highly delated. Heard both the counsels. We are also of the view that these positions are highly delated. At the time of filing the complaint itself she could have asked for the statement of accounts. Further she has not stated in complaint the rate of interest charged by the opposite parties. In all...


Jan 03 2014

Deepak JaIn and Another Vs. Emaar Mgf Land Limited and Another

Court: Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh

Decided on: Jan-03-2014

Sham Sunder (Retd.), President: 1. The facts, in brief, are that the Opposite Parties floated a scheme for the allotment of residential plots, in their upcoming project, under the name and style of œMohali Hills?. In response to the advertisements, made by the Opposite Parties, in the leading newspapers, with regard to the project, aforesaid, the complainants moved an application, which was accepted by the Opposite Parties, as a result whereof, residential plot no.229, measuring approximately 300 square yards, in Mohali Hills, Sector 109, Augusta Greens, SAS Nagar Mohali, Punjab, @Rs.11,500/- per square yard was allotted, in their favour by them (Opposite Parties), for which a sum of Rs.10,35,000/-, as booking amount, was deposited. The total sale price of the said plot was to the tune of Rs.40,50,354/-, including Rs.4,31,250/- as Preferential Location Charges (PLC), as also External Development Charges (EDC), to the tune of Rs.1,69,104/-. Plot Buyer`s Agreement d...


Jan 03 2014

Vgtm Uda, Rep. by Its Vice Chairman Governorpet, Vijayawada-ii Vs. M.S ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: Jan-03-2014

Oral Order: (R. Lakshminarasimha Rao, Incharge President) 1. The opposite party has filed appeal challenging the order passed by the District Forum whereby it was directed to pay an amount of Rs.57,470/- with interest on the amount of Rs.4,68,178/- and costs to the respondent. 2. The respondent purchased 704 sq. yards of land in R.S.No.176/ 2A situate at Kanuru village under registered sale deed dated 23.01.2001 for consideration of Rs.2,81,000/- and on being directed by the official of the appellant authority, he submitted an application for regularization of the plot under A.P.Regulation of unapproved and illegal lay out Rules, 2007, and paid an amount of Rs.10,000/- through pay order dated 20.01.20109 and thereafter the official of the appellant authority demanded him to pay an amount of Rs.4,69,950/- which he paid through demand draft dated 21.09.2010. 3. The appellant issued notice dated 6.07.2011 informing the respondent that his application for regularization was rejected as it ...


Jan 03 2014

Mohinder Singh Vs. National Insurance Company Limited Through Its Seni ...

Court: Union Territory Consumer Disputes Redressal Commission SCDRC UT Chandigarh

Decided on: Jan-03-2014

Dev Raj, Member: 1. This appeal is directed against the order dated 08.10.2013, rendered by the District Consumer Disputes Redressal Forum-I, UT, Chandigarh (hereinafter to be called as the District Forum only) vide which it dismissed the complaint filed by the complainant (now appellant). 2. In brief, the facts of the case, are that the complainant got a National Swasthya Bima Policy No.420101/48/9/8500000111 (Annexure C-1), from the Opposite Party, which was valid for the period from 16.7.2009 to 15.7.2010, and the sum insured, under this Policy, was Rs.2 Lacs. The terms and conditions as also the exclusions were not supplied to the complainant. It was further stated that during the currency of said Policy, the wife of the complainant suffered acute pain in ovarian cyst near uterus, for which she was rushed to PGIMER, Chandigarh on 09.07.2010, where she was admitted and after surgery, she was discharged on 10.7.2010 (Annexure C-2). It was further stated that the complainant intimated...


Jan 03 2014

Sudeb Surul Vs. Chief Manager, State Bank of India

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-03-2014

Mridula Roy, Member: The instant appeal is directed against the order dated being No. 55 dated 18.04.2012 passed by the Ld. District Forum, Hooghly in Case No. 58/2007 dismissing the petition of complaint on contest without cost. Being aggrieved by and dissatisfied with the said order the Complainant has preferred the instant appeal. The Complainants case before the Ld. District Forum, in brief, is that he, an Assistant Teacher of a High School, obtained a personal loan of Rs.1,39,000/- in 2004 and the same was disbursed by the O.P. and also credited in the account of the Complainant being No. .SB. A/c No. 01190014361. Subsequently, the A/c No. was changed to 10515307547. The said loan was repayable by some instalments and the O.P. compelled the Complainant to hand over 36 numbers of blank cheques in favour of the O.P. towards repayment of the loan by instalments. However, on 21.02.2005 the O.P. deposited one of the said blank cheques inserting a figure Rs.4,000/- and encashed the same...


Jan 03 2014

M/S. Indane Swarupjyoti Vs. Tarun Kumar Sajjan and Others

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-03-2014

Jagannath Bag, LD Member: 1. The present appeal is directed against the Order dated 05.12.2012 of the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas, in CC Case No. 15/2007, whereby Ld. Forum below allowed the complaint on contest with cost of Rs. 5,000/- against all OPs jointly and severally. 2. The complaint case, in brief, was as follows: The Complainants (1-6) were customers of Indane Domestic LPG under Auro Gas Services, Media, P.S. Swarupnagar , Dist. North 24 Parganas from 2000-2001 to 2006. A new LPG service centre i.e. M/s Indane Swarupjyoti being opened within the Swarupnagar Block, Indian Oil Corporation Ltd. issued an order of Block Transfer of customers. Names of the Complainants were transferred to M/s. Indane Swarupjyoti of Swarupnagar Block which is about 25 Kms. away from the Complainants places of residence . That was in violation of the agreement about supply of LPG cylinder between M/s. Auro Gas Services of Gobordanga and the Compla...


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