Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... other declarations or statements made or as may be made hereafter, by the policy holder/life assured. subject to the provisions of the applicable regulations including sec.45 of the insurance act, 1938, in the event an such information, declaration or statement is found to be false or incorrect or any material information is found to be withheld ..... information is withheld or any material information is not promptly notified to the company in writing then and in such event but subject to the provisions of sec.45 of the insurance act, 1938, this policy shall be void and no benefits shall be payable under this policy and any riders to this policy. 20. the learned counsel ..... history of plasma cell myeloma (blood cancer) with pathological fracture l/3 humerus, at the time of proposal. 21. in regard to non-applicability of section 45 of the insurance act to the facts of the case, the learned counsel would contend that the duration between risk commencement date and the date of death of the insured .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... to approach civil court and in case they file a suit they will be entitled to seek exclusion of the time spent before the commission under section 14 of the limitation act in view of the judgement of the honble supreme court in the case of laxmi engineering works v. p.s.g.industrial institute ii (1995) ..... false or misleading allegations, or by concealment of that which should have been disclosed, is one which deceives and is intended to deceive another so that he shall act upon it to his legal injury. in concise oxford dictionary, it has been defined as criminal deception, use of false representation to gain unjust advantage; dishonest artifice ..... observed the effect of the fraud and fraudulent misrepresentation in the proceedings before the scrutiny committee in the following manner. fraud as is well known vitiates every solemn act. fraud and justice never dwell together. fraud is a conduct either by letter or words, which induces the other person or authority to take a definite .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... neither dejure nor defacto owner of the property and till the registered sale deed is registered and there is due compliance of section 35 of indian stamp act and section 49 of indian registration act, the complainant cannot himself as the owner of the property. opposite party submitted that the complaint is filed based on documents ..... of construction as a consumer dispute and submitted that there is no deficiency in service and the relief sought is governed by the provisions of section 73 of indian contract act. opposite party submitted that the claim of compensation of rs.2,00,000/- and rs.25,000/- towards legal expenses interest at 12% ..... executed pursuant to the document was a compulsorily registerable document u/s.17 of indian registration act and the document is not sufficiently stamped and therefore hit by section 35 of indian stamp act and section 49 of indian registration act and therefore the complainant cannot seek any relief. the complainant submitted that as per the statement .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money. (emphasis supplied) section 72 of the indian contract act runs as follows : a person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. ..... company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the company law board constituted under section 10-e of the companies act, 1956 (1 of 1956) may, if it is satisfied, either on its own motion or on an application of the depositor, that it ..... forum allowing the application, the petitioner herein approached the state commission which dismissed the appeal filed and whereupon the depositor approached district forum under section 27(1) of the consumer protection act, 1986 by filing penalty petition. the second category of cases are those where the depositor filed a penalty petition before the district forum for .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... to the patient. where an infection following surgery in a "well-staffed and modern hospital remained undiagnosed until the patient sustained crippling injury and where an explosion occurred during the course of administering anaesthetic to the patient when the technique had frequently been used without any mishap 84. further the supreme court has ..... to the complainant? 21. the complainant was admitted in the hospital of the opposite party no.3 on 7.08.2008 for elective lower segment cesarean section. the discharge summary evidences the admission of the complainant in the hospital on 7.8.2008 and her discharge on 10.08.2008; the treatment administered ..... charge of rashness or negligence on the part of the accused doctor. the investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... checkup and the first opposite party advised for arthroscopic reconstruction of acl ligament . the first opposite party advised the complainant to find out the estimate from the billing section of the opposite party no.2-hopsital. 11. the complainant got admitted on 14.03.2007 against the advice to join as inpatient on 12.03.2007. on ..... which conducted the operation and authorities of the state government who failed to ensure obedience to the norms and guidelines of the government and organizers of the eye camp acting pursuant to and under the authority of the government . 56. in kusum sharmas case, the principles governing the cases of medical negligence are summarized as under: i ..... (d.i.c). no medical expert's opinion or any medical literature has been shown by the appellant-complainant to prove that this haemorrhage was caused by any act of medical negligence on the part of the respondents, especially dr. jaya. law on the subject is well settled by the hon'ble supreme court in the case .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... be termed as a consumer dispute. however, the complainant is at liberty to approach the civil court and seek exclusion of time spent before fora under section 14, limitation act. in the result we do not see any grounds to interfere with the well-considered order of the district forum and this appeal fails and is accordingly ..... purchase transaction and submits that the internal rate of return being posted in the books of account should be as per the provisions contained in section 106 of indian evidence act. he further contended that the said agreement is a standard form contract and the complainant was made to sign blank documents and therefore certain clauses ..... opposite party be directed to produce its cash book and audited books and bank statements including the details of instalments in the manner as mandated under section 26988 of income tax act, 1961. the complainant submitted that he hypothecated the truck under a fully secured loan and the principal amount of rs.9,23,000/- was .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the standard initial medical treatment for almost all patients with an intracranial lesion identified on neuroimaging. they rapidly relieve symptoms, often within hours, by reducing perilesional edema. however, cortico steroids act as a chemotherapeutic agent in patients with pcnsl. thus, cortico steroids can cause regression or even complete disappearance of a pcnsl lesion, occasionally within days (fig.1). institution of steroid .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... and the remedy is available under section 60 of transfer of property act and section 61 of a.p.c.s.act but not in an individual capacity. the opposite parties submitted that once a person becomes a member of co-operative society, ..... complaints. they admitted that the complainants are members of opposite party no.1 and had deposited the title deeds with the 1st opposite party under section 58 of transfer of property act and received loan from the 1st opposite party. they submitted that after the complainants pay the entire loan, they can seek redemption of mortgage ..... to the federation with special reference to the accounts of the complainants seized by the co-operative officials in connection with the enquiry under section 51 of the a.p.c.s.act. opposite parties submitted that with the consent of the complainants, the society assigned the property of the complainant and therefore the relationship .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... gujarat state financial corporations case, the financial corporation entered into agreement in performance of its statutory duty to advance loan to the respondent company and acting on undertaking, the respondent company proceeded to undertake and execute project of setting of a 4 star hotel. the company incurred huge expenses and suffered ..... premise that supplementary agreement was entered into on the basis of government orders and on misleading the complainants and the mutual understand letter was not acted upon. there is no evidence on record to show that the supplementary agreement was entered into by the first opposite party misrepresenting the complainants ..... . the builder was directed to refund the amount deposited with interest. 70. in hsbc assets case provisions of consumer protection act vis- -vis provisions of arbitration and conciliation act were considered in detail and it was held that consumer dispute before consumer forum is maintainable though the agreement between the parties .....
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