Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president: 1. this complaint has been filed by the complainant against the opposite party claiming rs. 9,98,919.83 as compensation for the loss claimed to have been suffered by the complainant due to negligence and deficiency of service on the part of the opposite party. 2. the facts of the complainants case may be briefly stated. the bangladesh railways, chittagong was in need of 1.4 million cft stone ballasts for their railway works. hence they entered into a written contract signed on 28.8.88 with respondent no. 1 the bihar state export corporation (bsec) for supply thereof to them. the supply was to begin within 45 days from the receipt of letter of credit (l/c) and was to be completed within twelve months thereof and it was to be supplied at the average rate of 1.40 lacs cft per month. the respondent no. 1 approached the complainant for supply of stone ballasts to which they agreed and accordingly an agreement was signed on 15.9.88 between them. according to the said agreement bsec the opposite party no. 1 was to transfer l/c in the name of the complainant immediately on receipt of the same and the same was to cover 100% value of the contract. but inspite of repeated approach the l/c was not received by the complainant from the opposite party no. 1. but still the complainant arranged from their own resources 1.5 lacs cft of stone ballasts for supply and asked bsec the opposite party no. 1 for inspection of the same as per agreement. in the meantime the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... on being noticed the opposite party appeared and filed written version stating inter-alia that the complainant informed the opposite party regarding the accident on 9.12.91 and therefore after the opposite party instructed one mr. ..... on 8.12.91 the bus met with an accident for which information was lodged at the police station and he also filed his claim before the insurance company claiming rs. ..... anil kumar sinha as surveyor who submitted his final survey report on 27.1.92 estimating the loss sustained by the complainant due to accident of his bus at rs. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... bpk 903 insured by the national insurance company limited, sitamarhi branch of which the opposite party is the branch manager; that the said motor cycle, however, met with an accident on 15.11.91 causing extensive damage for which he filed his claim before the insurance company-opposite party on 18th november, 1991; that in spite of repeated reminders the opposite party did not settle the claim of the ..... the district forum in this situation and also taking into consideration that the complainant has not disclosed either the place of the accident or the manner of the accident dismissed the complaint by their impugned order against which the present appeal has been filed by the complainant-appellant. ..... on being noticed the opposite party appeared and filed counter version controverting the claim of the complainant mainly on the ground that the motor cycle of the complainant has not met with any accident and the claim of the complainant, therefore, is bogus and is fit to be dismissed. 4. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president 1. this appeal is directed against order dated december, 1992 passed by the district forum, patna in complaint case no. 506 of 1991 in which the respondent here was the complainant and the appellant here was the opposite party before the district forum. 2. the case of the complainant may be briefly stated. the complainant is the owner of telephone no. 231568 and he filed a case before the district forum complaining that the telephone bill dated 9.10.90 for rs. 2246.00 and telephone bill dated 11.11.90 for rs. 10,157.00 are inflated and excessive. the telephone bills from 1975 to 1990 has always been between rs. 200.00 to 400.00. the complainant protested before the o.p. against these two bills but no rebate was given to him in respect of the bill dated 9.10.90 and rebate of 4530 calls were given to him in the telephone bill dated 11.11.90. on these grounds the complainant filed this case before the district forum for setting aside these two bills and for directing payment of rs. 500.00 under each of two bills on the basis of the average of the past bills. 3. on being noticed the opposite party appeared and filed written version stating inter-alia that rebate of 4530 calls has been given to the complainant in the bill dated 11.11.90 and that the telephone of the complainant has been enjoying std facility and therefore there was every possibility of wide variation in the calling pattern for various reasons and on these grounds the claim of the complainant .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president: 1. the complainant has filed this case against the opposite party an eminent orthopaedic surgeon, alleging negligence in diagnosis and treatment by him and claiming compensation for the alleged loss and injury caused to him on that account. 2. the case as alleged by the complainant in his complaint petition may be briefly stated. on 8.4.93 the complainant sustained fracture injury on his left hand elbow region and after x-ray done on advise of local pharmasist who was given first aid treatment and bandaging at muzaffarpur. the complainant came to patna on 9.4.93 and contacted the opposite party in his clinic at saidpur, patna, and deposited his consultation fee. on examination of the complainant's injury and x-ray report the opposite party directed the complainant to report in popular nursing home, patna at 2.00 p.m. on the same day after getting some pathological tests done in shanker micro pathological laboratory, patna. the complainant accordingly got the pathological tests done and reported at popular nursing home at the appointed time where the opposite party examined his injury after removing the bandage and on his direction the complainant was admitted in the popular nursing home and his treatment started although the complainant paid the fees of the opposite party, to his utter surprise some other doctors of opposite party were attending him? on 13.4.93 the opposite party again examined the complainant and suggested for surgical operation, the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents and for matters connected therewith or incidental thereto. 6. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president: 1. the complainant has filed this case against the o.ps. claiming rs. 1,82,900/- with interest at the rate payable by the commercial banks from the national insurance company limited, the opposite party. 2. the complainant has filed his complaint petition with the averments and annexures hereinafter mentioned. the complainant has got his market complex known as rajdhani market situated on bari road, patna which had double storied market complex fitted with all amenities. it had been insured to o.p. no. 3 against all risks inclusive of fire on 30.10.89 for a period of one year expiring on 29.10.90 for a sum of rs. 11,00.,000/- per policy no. 3102652 with the national insurance company limited, the opposite party. on the night of 19.10.90 at about 2.30 a.m., fire broke out in the market complex of the complainant which could be extinguished by the fire brigades, patna after struggling for many hours. the fire brigade granted a certificate to that effect which is annexure 1 to the complaint petition. there was extensive damage to the build ing and its electric system as a result thereof. written information was lodged by the complainant regarding this incident to the officer in charge, kadamkuan police station, patna on 20.10.90 (annexure 2/1). written information (annexure 2/1) with regard thereto was also given to the branch manager, national insurance company, patna city branch (o.p. no. 2) on the same day, i.e., on 20.10.90. one m/s. aarkay consultancy .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
k.p. sinha, member: 1. this is a complaint filed by mr. prio ranjan roy against the housing board, bihar. in the complaint petition it has been averred by the complainant that as early as 28.3.66 he was allotted house no. 3k43 by a government order and the required deed registration was executed on the 15th may, 1966 which was duly registered on 1.8.66. after registration of the deed the district development officer, ranchi wrote a letter to the executive engineer, housing department, ranchi directing him to hand over possession of house no. 3k43 to shri roy. this house was located in mohalla bariyatu of ranchi town. shri roy also paid the first installment of rs. 3,000/- as stipulated and inspite of the specific order from the district collectorate to the executive engineer of the housing department the possession of the house allotted to him was not given. again on 13.7.67 a government order was issued for handing over possession of the house to the complainant. the possession of the allotted house, however, continued to elude shri roy. on 2.2.69 another order was issued allotting house no. 2k91 to shri roy. this house according to the complainant was in a most dilapidated condition and was not worthy of habitation, and he, therefore, laid down certain conditions for getting house no. 3k91 in lieu of house no. 3k43 which was originally allotted to him in the bariyatu housing colony. in annexure-ix of the complaint petition it has been said that all conditions imposed were .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
..... regarding the delay in giving the information about the accident, it is seen that no period is prescribed within which the information must be given to the insurer. ..... the case of the appellant-insurance company, however, is that there was a delay in submitting the information of the appellant which was given to him after the date of accident and the cash memo was submitted very late i.e. ..... further it is contended by the appellant that there was a taxi, which was met with an accident and was carrying 60 to 70 passengers against 16 passengers. ..... information for the accident was given on 25.5.1989 to the appellant and a claim for rs. ..... 13.5.89 when the accident took place. ..... the accident, therefore, occurred on the date which fell within the period for which the vehicle was insured. ..... the facts of the case in brief are that the maxi-taxi bearing number bhc 2223 belonging to the complainant-respondent met an accident on 13.5.1989. .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
k.p. sinha, member: 1. this is a complaint filed by m/s. mona silk, burha nath road, bhagalpur (hereinafter referred to as the complainant) against the national insurance company limited, bhagalpur branch (hereinafter referred to as the o.p.) for non settlement of their claim under the burglary insurance policy no. 7502200 of 1989-90 in respect of theft of silk fabrics and silk yarns, committed in the night of 28th and 29th september, 1989 from the insured premises of the complainant. an fir about the above theft was lodged with the kotwali police station who registered bhagalpur kotwali p.s. case no. 607 dated 29.9.89 for the above theft. on 29th september itself the branch manager of the national insurance company was informed about the incident of theft. a surveyor was deputed by the insurance company who visited the premises and collected relevant informations. subsequently on 24th october, 1989 another surveyor of the national insurance company visited the insured premises and again collected detailed information of the incident as well as the total stock position since l.4.89 till the date of occurrence i.e. till 28.9.89. the police after completing the investigation submitted final report on the complaint made by the complainant as "case true-no clue " u/sec. 457/ 380 of the indian penal code. this final report of the police was accepted by the chief judicial magistrate. it is alleged by the complainant that in spite of above facts several rejoinders, telephonic talks .....
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