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Scdrc Court January 2014 Judgments

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Jan 29 2014

icici Lombard General Insurance Company Limited Through Branch Manager ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Nagpur

Decided on: Jan-29-2014

B.A. Shaikh, Presiding Member: 1. This appeal is preferred against order dtd.06.05.2013 passed by District Forum, Nagpur in Execution Application No. EA/11/34 by which the said application has been partly allowed. 2. The facts in brief giving rise to the present appeal are as under:-œThe respondent herein namely Anju Dasharath Selokar had filed a complaint bearing No.CC/09/801 under section 12 of Consumer Protection Act against the present appellant, ICICI General Insurance Co. Ltd. and one Atul Ashokrao Ugle before District Forum, Nagpur, claiming Rs.2.00 Lacs on account of the death her husband “ Dashrath Marotrao Selokar who died in a accident on 01.01.2008, that took place when he was driving a truck bearing registration No. MH-31-CB-4358. As per said complaint the risk of the life of Dashrath Selokar was covered under the insurance policy of that truck taken by Shri Atul Ashokrao Ugle, the owner of the truck. Another complaint bearing Consumer Complaint No. CC/09/7...


Jan 29 2014

Executive Engineer, M.S.E.D.C.Ltd. and Another Vs. Vasant Vishnu Ghule

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Aurangabad

Decided on: Jan-29-2014

S.M. Shembole, Presiding Judicial Member: 1. This appeal is directed against the judgment and order dated 6.1.2009 passed by District Consumer Forum Osmanabad partly allowing consumer complaint No.281/2008 directing appellants/opponents to pay to the complainant compensation of Rs.48,000/- for sustaining damages to the sugarcane by fire, Rs.10,000/- more towards damaged pipelines and Rs.500/- towards cost of the proceedings. (For the sake of brevity appellant is hereinafter referred as opponents and respondent as complainant). 2. The brief facts giving rise to this appeal are that:- Complainant Vasant Ghule is the owner of agriculture field bearing Gut No.66 of village Samudrawani, Tq.Osmanabad. It is irrigated land having well. He is consumer of opponents since long. Electric motor is installed on the well situated in his field and electric connection is obtained from the opponents. It is alleged that the electric wires from the electric pole in the field of complainant were hanging l...


Jan 29 2014

Prodosh Ranjan Das and Another Vs. Kalyan Ranjan Das and Others

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-29-2014

Mridula Roy, Member. The instant appeal is directed against the judgement and order dated 26.09.2012 passed by Ld. District Forum, South 24 Pgs. in CC Case No. 186/2012 allowing the petition of complaint exparte against O.P. No. 1 and on contest against the O.P. Nos. 2 and 3 with cost of Rs.5,000/- and directing the O.Ps to execute and register the deed of conveyance within one month from the date of order further directing the O.Ps to pay Rs.70,000/- towards compensation for the harassment and mental agony suffered by the Complainant within one month from the date of order failing which the entire amount of Rs.75,000/- would carry an interest @ 10% per annum from the date of default till realization. Being aggrieved by and dissatisfied with the said order the O.P. Nos. 2 and 3 i.e. the landowners have preferred the instant appeal stating that the Ld. District Forum erred in arriving at conclusion on the grounds inter alia, that the instant case is barred by limitation since the Compla...


Jan 29 2014

Goutam Biswas Vs. State Bank of India

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-29-2014

Tarapada Gangopadhyay, Ld. Member. Aggrieved by the order dated 4.1.2013 of the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas in C.C.Case No. 86 of 2011 dismissing the complaint, the Complainant/Appellant has preferred this Appeal. The factual matrix of the case is that while on 27.5.2010 the Appellant swiped his ATM Card bearing No. 6220180536800029319 issued by State Bank of India, Garia Branch, along with a Savings Bank Account bearing No. 20003268456, at Garia More SBI ATM counter for withdrawing money of ` 600/-, as stated, the ATM did not deliver the required money, but delivered a statement showing a credit balance of ` 39,653.41. Having the Garia More ATM counter failed to deliver the money the Appellant thereafter made another attempt for withdrawal of ` 600/- at Fortabad SBI ATM counter nearby, which allowed the withdrawal of the said amount, but delivered a statement showing a credit balance of ` 53.41 only against real balance of `39,053.41, as claimed b...


Jan 29 2014

The Manager, Shriram City Union Finance Ltd. and Others Vs. N. Shankar

Court: Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

Decided on: Jan-29-2014

J. Jayaram, Judicial Member This appeal is filed by the opposite parties against the order of the District Consumer Disputes Redressal Forum, Nagapattinam in C.C.43/2008, dated 21-04-2010, allowing the complaint.2. The case of the complainant is that he purchased a Motorcycle by availing loan from the opposite parties and there was default in the payment of last three EMIs. The opposite parties, without intimating him and without his knowledge, stealthily took away the motorcycle from the complainants sisters house and without intimating him sold the vehicle in auction. When he approached the opposite parties, they did not respond properly and there was no response to his letter to the opposite parties. So, he sent an advocates notice to which the opposite parties replied that the vehicle was sold in auction and the balance amount after satisfying the dues for the loan, a sum of Rs.3,988/- which is due to be paid to the complainant remains with them. All these, amount to deficiency in ...


Jan 29 2014

Jyotirmoy Majumdar and Another Vs. Achinta Kumar Biswas

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-29-2014

Kalidas Mukherjee, President. This appeal is directed against the judgment and order passed by Learned District Forum, Barasat, North 24-Parganas in CC 21 of 2013 allowing the complaint with cost of Rs.5,000/- and the OPs were directed to deliver 14,000 bricks as per delivery order dated 17/07/12 in favour of the Complainant within one month from the date of order. The OPs were directed to pay sum of Rs.10,000/- as compensation, Rs.5,000/- as punitive damages within the period of one month from the date of order failing which the OPs will have to pay monthly interest @ Rs.2,000/- over the said amount till full satisfaction. In case of failure on the part of the OPs to deliver bricks, they were directed to refund the deposited amount with 10% interest within one month from the date of order. The case of the complainant/respondent, in short, is that he wanted to construct dwelling house over his purchased landed property and, accordingly, he needed good quality of bricks. He applied befo...


Jan 29 2014

Ram Bai Vs. United India Insurance Company Limited

Court: Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

Decided on: Jan-29-2014

R.S. Sharma, President: 1. This appeal is directed against order dated 15.05.2013, passed by District Consumer Disputes Redressal Forum, Durg (C.G.) (henceforth "District Forum") in Complaint Case No.CC/12/311, whereby the complaint filed by the complainant/appellant, has been dismissed. 2. Briefly stated, the facts of the case of the complainant/appellant before the District Forum are : that the complainant/appellant is registered owner of vehicle Tata Sumo bearing registration No.C.G.07-M-2645 and vehicle was insured with the O.P./respondent/Insurance Company, for the period from 12.06.2010 to 11.06.2011. The above vehicle met with an accident during the substance of the insurance. The matter was reported to the O.P./respondent/Insurance Company along with documents on 07.10.2011. The complainant / appellant got repaired the vehicle and she incurred near about Rs.1,60,857/- as repairing charges, but the O.P./respondent/Insurance Company only paid the complainant/appellant a sum of Rs...


Jan 29 2014

Tapas Dey and Another Vs. Prabir Kumar Chakraborty and Others

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-29-2014

Tarapada Gangopadhyay, Ld. Member. The instant Appeal has been filed by the Appellants/Ops against the ex parte Order No. 8 dated 15.12.2008 of the Ld. District Forum, Burdwan, in Complaint Case No. 67/2008 directing the Appellants/Ops to complete the incomplete works in the flats sold within two months from the date of the order, or else to pay Rs. 7,40,000/- as cost of unfinished works in relation to the flats sold and Rs. 10,000/- as compensation to the Respondents/ Complainants. The facts germane to the case are set out, in brief, hereinafter: The Appellants/Ops, the promoters, sold some flats to the Respondents/Complainants by registered Deeds of Conveyance some time in between 2006 and 2008, and handed over the possession thereof to the said Respondents/Complainants. Some time after taking over possession of such purchased flats the Respondents/Complainants noticed that some works in the flats “ connection of municipal water supply, construction of boundary walls and urinal...


Jan 29 2014

Leticia Mascarenhas and Another Vs. Ravindra Karkal

Court: Goa State Consumer Disputes Redressal Commission SCDRC Panaji

Decided on: Jan-29-2014

N.A. Britto, President: 1. This appeal is filed by the Opposite Parties (OPs) in CC No. 40/12, and, is directed against order dated 26/11/13 by which the OPs have been directed to obtain the occupancy certificate, and hand over the same to the complainant within 30 days failing which they have also been directed to pay a sum of Rs.3000/- to the complainant every month of the delay caused in handing over the occupancy certificate. Costs of Rs.5000/- have also been imposed on the OPs. 2. Shri. M. N. Dessai, the lr. advocate of the OPs has made three submissions. 3. Some facts are required to be stated to consider the same and to dispose off this appeal, and for that, the parties to this appeal are being referred to in the names as they appear in the cause title of the complaint. 4. The OPs are mother and son and as Owner and Developer respectively, entered into an agreement dated 23/09/1999 with the complainant who was their tenant and who was occupying block No. 2 in their property havi...


Jan 29 2014

Branch Manager Uco Bank Jadavpur Branch and Others Vs. Ranjit Chandra ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Jan-29-2014

Kalidas Mukherjee, President. This appeal is directed against the judgment and order passed by Learned District Forum, Alipore, South 24-Parganas in case no.CC 175 of 2010 allowing the complaint and directing the OPs to credit Rs.39,950/- to the pension account of the Complainant No.1 within one month from the date of order and not to deduct any further amount from the pension account. The OPs were further directed jointly and severally to pay compensation of Rs.10,000/- to the Complainants for their mental agony and harassment within the time specified failing which the entire amount will carry interest of 9% p.a. till realisation. The case of the complainant/respondent, in short, is that he is the ex-staff of UCO Bank and retired from service in the year 2001 under V.R.S. He draws pension of Rs.13,322/- p.m. The Complainant opened two fixed deposit accounts in his name together with the name of his wife Smt. Vaswati Kar and his daughter Ms. Pamela Kar for Rs.1 lakh and, accordingly, ...


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