Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
k.p. sinha, member: 1. this is an appeal against the order of the district forum dated 28.1.92 holding that the appellant was to pay to the complainant respondent a sum of rs. 1.80 ps. as refund for excess price charged for the medicines purchased by the complainant - respondent along- with a compensation of rs. 500/- and another sum of rs. 50/- as cost of the suit. 2. the facts of the case are that the complainant (respondent) purchased two bottles of (20 tablets) laviest prescribed to him, for which the appellant (opposite party before the district forum) charged him rs. 28.80. the price mentioned on each bottle was rs. 13.50 and, therefore, a sum of rs. 27/- only should have been charged for this purchase against which a sum of rs. 28.80 was charged and paid by the complainant. for this excess charge the respondent (complainant before the district forum) moved the district forum for redressal of his grievance of having been overcharged. the appellant appeared and filed written statement as also examined a few other medicine shop keeper of the area. the plea of the appellant before the district forum was that rs. 1.80 paise was charged as sales tax on rs. 27/-, the price of the medicine @ 7%. the other medicine shop keepers have also supported his version that they were all charging sales tax over and above the price mentioned on the bottle. 3. we have perused the records of the district forum and heard both the parties. after hearing the parties and assessing the evidence .....
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. geetanjali silk house (hereinafter called the complainant) through its proprietor shri awadesh kishore prasad against new india assurance company and others (hereinafter called the opposite party no. 1 and the state bank of india ssthe opposite-party no. 2). it has been contended in the complaint petition that the complainant took insurance policy for his shop for rs. 2.5 lakhs against fire and other risks on 9.5.89 vide policy no. 4852020300875 for a period of one year against fire and other risks. a fire broke down in the shop of the complainant on 25.3.90 causing a loss of rs. 2,36,000/- and on the claim filed by the complainant, opposite party no. 1 paid a sum of rs. 50,472/- only to the bankers of the complainant the state bank of india (opposite party no. 2) who had advanced the loan to the complainant. it has been contended that while the surveyors of opposite party no. 1 assessed the loss to the complainant on account of fire to be of the order of rs. 1,10,812/- they determined the value of salvaged stock at rs. 41,445.50/- and deducted the sum in calculating the net losses. opposite party no. 1, however, did not allow the complainant to make use of the salvaged stock nor did they pay the price of the salvaged goods to the complainant with the result that the complainant had suffered loss on account of the opposite party no. 1 not having discharged their liabilites within the terms of insurance taken by the .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president: 1. this appeal is directed against order dated 13.9.91 passed by district forum, patna in complaint case no. 9 of 1990. 2. the facts of the case may be briefly stated. the complainant-respondent received bill dated 11.8.89 sent to him by the appellant in respect of his telephone for the month of june and july, 1989 amounting to rs. 33,222/-. according to the complainant this amount was inflated and excessive and he accordingly filed a complaint against district manager telephones, patna before the district forum for correction of the bill. according to the complainant the bill for june and july, 1989 should in no case exceed rs. 25,000.00. the appellant (opposite party) appeared before the district forum and filed written statement and asserted that the bill was examined by the competent authority and is correct and as such no rebate can be granted to the complainant in respect thereof and that this was communicated to the complainant by letter no. 62320/em/5 dated 19.1.90. the complainant produced before the district forum a tabular statement in respect of the calls made through his telephone, from which it appears that the average bill in 1986 was rs. 3,211.00, in 1987 rs. 5,386.00 in 1988 rs. 4,595.75 and in 1989 rs. 1213.00. on this basis it was asserted on behalf of the complainant that the bill sent to him for june and july, 1989 was entirely incorrect and inflated one. 3. the learned counsel for the appellant has submitted that even according to .....
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
b.n. sinha, president: 1. this complaint has been filed against the opposite parties with the allegations mentioned herein-after. the premier automobiles limited, opposite party no. 2 is the manufacturer of the car known as premier 118 ne car and the o.p. no. 3 and 4 are employees of o.p. no. 2. o.p. no.l m/s. auto distributors limited, exhibition road, patna is the authorised dealer of the o.p. no.2. on 10.6.85 one shri narain khaitan booked by applying for pur 2 chase of premier 118ne car with the o.p. no. 1 and deposited rs. 11,000/- by bank draft no. 2651/85 dated 8-6-85 being an advance against booking against receipt no. 034014 dated 16.6.85 granted by the o.p. no. 1. on receipt of the allotment letter and information from o.p. no. 1, shri khaitan deposited the balance amount of rs. 1,22,798/- for which receipt no. 1251 dated 13.7.87 was granted to him and the car was delivered by the o.p. no. 1 on 14.7.87 to shri khaitan. subsequently shri khaitan transferred the said car to the complainant and an endorsement to this effect was made on the certificate of registration itself, bearing registration no. bea4944. but the said car was fitted with defective engine and so on 2.12.87 i.e. within five months of its delivery, when the complainant was returning by said car from his business trip it started giving some problem of break down. the complainant handed over the car to opposite party no. 1 on 5.12.87 and after the necessary repair in the car it was delivered back to 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
k.p. sinha, member: 1. in this complaint petition the akhil bhartiye grahak panchayat, jehanabad has complained against the chief general manager, telecommunications, bihar that even after the inauguration of the jehanabad electronic exchange on 16.8.90 and the announcement from the telephone department that the pulse rate for telephonic calls made on std from jehanabad to patna and jehanabad to gaya was 36/48/48 seconds, the std calls were being charged at the rate of pulse rate of 12/24/48 for patna-jehanabad and jehanabad-gaya. the radial distance from jehanabad to patna and jehanabad to gaya is between 20 to 50 kms. and the std tarrif charge should be therefore 36-48-48 but the jehanabad-patna rate was being over charged at the pulse rate of 12 seconds for full-time std calls. in support of the complaint the complainant filed two receipts which showed pulse rate of 12 seconds. the complainant has also drawn attention to the inquiry which got conducted by the district forum, jehanabad on an allegation about the inaccuracy of the pulse rate ctiarged by the jehanabad exchange. the inquiry was made by a committee consisting of the n.d-c. jehanabad collectorate, a journalist, the complainant and the opposite party was also represented in the committee by the local assistant engineer. the chairman of the committee was the judgein-charge, jehanabad civil court. in the report of this committee it has been mentioned that the chairman made test calls to patna and gaya in presence .....
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!