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Scdrc Court May 2014 Judgments

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May 15 2014

M/S. Hinduja Leyland Finance Limited and Another Vs. Budupula Venkaiah

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

Oral Order : (R. Lakshminarasimha Rao , Member) 1. The opposite party is the appellant. The appeal is directed against the order dated 10.07.2013 passed by the District Forum II, Krishna District at Vijayawada in C.C.No.35 of 2013. 2. The respondent purchased an Auto Rickshaw for a sum of Rs.1,63,520/- from M/s. Varun Motors, Tiruvuru and paid Rs.53,520/- under Ex. A1 to A4 and the remaining amount of Rs.1,10,000/- was availed on loan from the first appellant. The respondent has to pay the loan amount of Rs.1,10,000/- in 29 monthly instalments @ Rs.5,450/- for 20 months and Rs.5,250/- for 9 months commencing from October, 2010 till 31.3.2013. The respondent paid the installments regularly up to April, 2012 and failed to pay three instalments due to financial crises, as a result of which, the 1st appellant seized the vehicle on 09.10.2012 without any prior intimation or notice. After negotiations, the respondent paid Rs.18,000/- appellant No. 1 which issued vehicle release order on 23.1...


May 15 2014

Big C Mobiles Pvt. Ltd. Vs. T. Nanda Kishore and Another

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

R. Lakshmi Narasimha Rao, Member The opposite party No.1 is the appellant. The appeal is challenge to the order dated 30-4-2013 passed by the District Forum in C.C.No.42/2012 whereby the appellant and respondent No.2 were directed to pay to the complainant a sum of Rs.3,800/- towards the cost of the phone together with compensation of Rs.500/- and costs of Rs.500/-. The facts leading to filing of the appeal are that the respondent No.1 purchased a CELKON -9 Mobile phone from the appellant for a sum of Rs.3,800/- along with Memory card for Rs.250/- under warranty for total sale consideration of Rs.4,050/-. Due to manufacturing defects, the colour of the screen of the mobile phone faded and became ugly. The respondent approached the appellant along with the mobile phone for replacement and the appellant refused to replace the mobile phone, therefore, the respondent filed C.C.No.22/11 which was allowed by the District Forum on 22-10-2011 by directing the appellant and the respondent No.2 ...


May 15 2014

M/S. Life Insurance Corporation of India Ramagundam Branch Vs. Enumand ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

Oral Order: (Thota Ashok Kumar, Member) 1. The opposite party is the appellant. For convenience sake the parties as arrayed in the complaint are referred to hereunder. 2. The brief facts of the complaint are that husband of the complainant P.Sudhakar Rao was an employee in Singareni Collieries Company Ltd and during his life time he obtained the following LIC Policies from the opposite party under Salary Saving Scheme by way of Salary deduction under which the monthly premiums are deducted from his salary. Sl.No.Policy NumberSum Assured1683809447Rs.30,000=002683815265Rs.51,000=00TotalRs.81,000=003. The policy holder nominated the complainant as his nominee to receive the Sum Assured in the event of his death. As per the terms and conditions of the policies the opposite party undertook to pay the Basic Sum Assured with benefits in case of death of the policy holder. He died on 07.05.2007 and after his death the complainant submitted claim to the opposite parties for payment of the Sum A...


May 15 2014

M/S. Hems Apparels Vs. the Oriental Insurance Co.Ltd. and Another

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Decided on: May-15-2014

Narendra Kawde, Member: [1] Complainant is a partnership firm engaged in carrying business in export of garments including textile and fabrics and enjoys good reputation as a Star Exporter as appreciated by the Govt. of India. The complainant has availed œStandard Fire and Special Perils Insurance Policy bearing no.121502/11/2006/1 to provide insurance cover to the stocks of raw material, finished products, plant, machinery and accessories, furniture, fixtures and fittings with a sum assured of Rs.90,00,000/-. Said policy was valid for the period from 07/04/2005 to 06/04/2006. Due to unprecedented rains and flooding that occurred on 26/07/2005 in and around city of Mumbai, complainants insured premises suffered damage. As a result of continuous torrential rains and flooding that lasted for more than 12 hours, supply of electricity was disconnected which was restored only on 27/07/2005. Incident was promptly reported to the opponent The Oriental Insurance Co.Ltd. (hereinafter to b...


May 15 2014

C.V.N. Rajeswari Vs. M/S. Shriram General Insurance Company Limited an ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1) The appeal preferred by the complainant against the order of the District Forum dismissing the complaint on the premise that the driver of the insured vehicle did not possess endorsement in his driving licence to drive the vehicle carrying hazardous goods at the time the Lorry met with accident. 2) The case of the complainant in brief is that she got her tanker bearing registration number AP 16 TB 6611 of EICHER -35, 31 KHDS make insured for a sum of Rs.16 lakhs covering the period from 14.03.2011 to mid night of 31.03.2012 . The Lorry met with an accident on 06.05.2011 near Yerravaram junction while it was transporting Bitumen from Hindustan Petroleum Corporation Limited, Visakhapatnam to SIPCOT, Industrial park in Sriperambadur taluk, Kanchipura district, 3) The Tanker was damaged in the accident. When the fact of accident was intimated, the insurance company appointed a surveyor. The appellant got the vehicle repaired by M/s Sudhir Mo...


May 15 2014

The Addl. Assistant Engineer, A.P.E.P.D.C.L., Distribution Ii, Srikaku ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

T. Ashok Kumar, Member 1. This is an appeal preferred by the opposite parties against the order in C.C.No.77/2013 dated 26-6-2013 on the file of District Forum, Srikakulam. For convenience sake the parties as arrayed in the complaint are referred to hereunder: 2. The brief facts of the complaint are as under: 3. The complainant is a resident of Srikakulam town and owner of three buffaloes and one calf. He and his family members are eking out their livelihood on the buffaloes which were giving 18 litres milk a day and thus they were getting an income of Rs.400/- per day after incurring expenditure to maintain the said buffaloes. On 12-8-2012 at about 12 noon the complainant took his three buffaloes and calf to to Sri Sai Baba Temple in Sivaramanagar of A.S.N.colony in Chapuram Panchayat, Srikakulam locality Rural for gazing and at about 1.00 p.m and at the sand the buffaloes and calf got electrocuted near electricity transformer and died on the spot. One Komburu Mohana Rao and Jami Srik...


May 15 2014

Union of India and Others Vs. Punjumal K. Sadhwani

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Nagpur

Decided on: May-15-2014

Jayshree Yengal, Member: This appeal challenges the order dtd.03.01.2002 passed by District Consumer Forum Bhandara, partly allowing the consumer complaint bearing No.CC/01/272, whereby directing the opposite party / appellant herein to pay the complainant the maturity amount of Indira Vikas Patra purchased by the complainant after conducting due enquiry and inspection. Respondent Punjumal to be referred as complainant and the appellants “ Union of India through Secretary, Department of Post and Telegraph and Others to be referred as the O.Ps. for the sake of brevity. Brief facts giving rise to this appeal are:- "1. Complainant Punjumal had purchased Indira Vikas Patra of Rs.20,000/- on 10.07.1993 for period of five years. The maturity of the said Indira Vikas Patra was on 10.07.1998 and the maturity amount would be Rs.40,000/-. The complainant was given registration number 954 to 958 for 51-VP/39-B. It is the contention of the complainant that when he approached the o.p. to get ...


May 15 2014

The New India Assurance Company Ltd. Vs. Karam Chand and Others

Court: Himachal Pradesh State Consumer Disputes Redressal Commission SCDRC Shimla

Decided on: May-15-2014

Justice (Retd.) Surjit Singh, President (Oral): 1. This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 15.03.2013, of learned District Consumer Disputes Redressal Forum, Hamirpur, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by respondent Karam Chand, a brother of the deceased-Milkhi Ram, has been allowed and a direction given to the appellant to pay the sum assured, with interest at the rate of 9% per annum, from the date of the complaint, i.e. 04.09.2008, to the date of its payment and also to pay Rs.5,000/-, on account of litigation expenses. 2. Deceased-Milkhi Ram, was employed as a Beldar with Public Works Department, represented by respondents No.2 and 3. The Public Works Department had purchased a policy from the appellant, covering the risk of accidental death of its employees. The policy covered deceased-Milkhi Ram also. On 10.01.2006, when Milkhi Ram was engaged in the work of road constr...


May 15 2014

The Principal, Sri Gayatri Junior College and Another Vs. Manda Subhas ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1. The opposite party is the appellant. The appeal is directed against the order dated 09.04.2013 passed by the District Forum II, Krishna District at Vijayawada in C.C.No202/2012. 2. The facts of the case as seen from the averments of the complaint are that the respondent admitted his daughter in intermediate course with the first appellant-college for the period, 2010-2012. The respondents daughter paid examination fee through the first appellant-college to the Board of Intermediate Education. The respondents daughter due to her ill-health could not get through three papers, i.e., Math, Physics and Chemistry. She applied for supplementary examinations to be held by the Board of Intermediate Education to save academic year for those students who failed in two or three subjects. 3. The respondent submitted that his daughter paid examination fee of Rs.240/- to the first appellant on 27.04.2012 which failed to remit the fee in stipulated time...


May 15 2014

Bajaj Allianz General Insurance Company Limited Rep. by Its Manager Vs ...

Court: Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on: May-15-2014

Oral Order: (R. Lakshminarasimha Rao, Member) 1) The appeal preferred by the complainant against the order of the District Forum allowing the complaint on the premise of the appellants failure to prove intoxicated condition of the driver at the time of the accident and its failure to examine Mani Kumar to whom the respondent said to have given oral intimation of the accident and resultant damage caused to the insured car. 2) The respondent got his car bearing registration number AP 16 BM 6679 insured with the appellant-insurance company for a sum of Rs. 5,75,696/- covering the period from 10.08.2011 to 09.08.2012. The car met with an accident on 01.01.2012 during night hours near Siddhartha College, Vijayawada. The respondent got the vehicle repaired by spending an amount of Rs.1,98,000/-.The appellant-insurance company repudiated the claim on19.03.2012 on the ground that driver was under the influence of alcohol and notice in writing was not given immediately after occurrence of the a...


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