Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... not maintainable. but the dis trict forum rightly held that the ryots may not have been left with seeds after transplantation and according to the provisions of section 13(1)(c) of c.p. act, it is open to the opposite parties also to request the district forum to send the seeds for analysis and being the manufacturer as the opposite party .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
A. Venkatarami Reddy, President: 1. The District Forum, Hyderabad by a common order in OP 47/94, OP 418/94, OP 423/ 94 and 424/94 dated 25.9.1995 directed the first opposite party i.e. Shalivahana Builders Private Ltd., in OP 47/94 to refund Rs. 1 lakh with interest @ 18% p.a. from various dates therein with costs of Rs. 1,000/- and Rs. 50,000/- in OP 418/94 with interest @ 18% p.a. from 2.7.1990 and costs of Rs. 1,000/-, and Rs. 60,000/- in OP 423/94 with interest @ 18% p.a. from 10.6.1991 with costs of Rs. 1,000/- and to refund to the complainant a sum of Rs. 70,000/- in OP 424/94 with interest @ 18% p.a. from various dates therein and Rs. 1,000/- towards costs. 2. Aggrieved by the said order, the complainants in OP 418/94 preferred FA 188/96 and the complainant in OP 423/94 preferred FA 358/96. 3. Since these two appeals arose out of a common order, they are being disposed of a common order. 4. According to the complainants in both the complaints, the second opposite party is the ow...
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... can be attributed to the opposite parties. 8. according to the terms and conditions of memo of settlement entered into between the workers and the management under section 12(3) of the industrial disputes act, 1947, which is binding on the parties, a male dependent of the deceased workman is provided employment in the company on compassionate grounds, where the deceased worker ..... /- will be paid. we cannot go into the question whether they should provide employment to the first complainant or otherwise, as it is beyond the purview of the consumer protection act. 16. for all the aforesaid reasons, we are satisfied that there is no negligence or deficiency of service on the part of the opposite parties. 17. in the result, the .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... (v) failed to provide way-out on the northern side of the complex; (vi) raising another floor i.e., terrace which was prohibited under section 24 of the a.p. apartments act and is therefore, illegal and is detrimental to the interest of the members of the complainant association, (vii) failed to register the flats in the name ..... society formed under clause 31 of the agreement can only file a complaint, cannot be accepted as complainant is defined under section 2(1)(c) as a consumer or any voluntary consumer association registered under the companies act, 1956 or under any other law for the time being in force. as the complainant is a registered society under ..... exs. a-l and a-2. ex. a-l is the certificate of registration issued by registrar of societies under a.p. (telangana areas) public societies registration act, 1350 on 31.3.1993. ex. a2 is the memorandum of society which shows that anuradha nivas flat owners association was a registered association and consisting of president, secretary .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... print plan was got prepared by the complainant for the proposed storage tank. ex. a-11 shows that the complainant approached the deputy chief controller of explosives, madras for necessary approval. it has to be therefore concluded that the complainant firm must have spent considerable amount for obtaining the required licences and certificates ..... huge amount for obtaining the "no objection" certificate from the concerned gram panchayat and the fire station officer, jeedimetla and to approach the chief controller of explosives, madras for obtaining necessary approval. ex. a- 4 says that the concerned panchayat issued "no objection" certificate to the complainant firm and ex. a- ..... member: 1. this complaint was filed u/sec. 12 r/w section 17(a)(i) of the consumer protection act. 2. the facts of the case are briefly stated as follows : the complainant is a partnership firm. the opposite party is a company incorporated under the companies act having its registered office at delhi the opposite .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... of rupees. but this observation is not based on any evidence except the statement of the complainant himself. 11. it is next contended that u /section 62 of the companies act, there is a civil liability of the directors who signed in the prospectus if the subscribers of the shares on the faith of the prospectus suffered ..... voluminous evidence particularly, the examination of witnesses in order to show that the directors have intentionally and evidently made such untrue statement. the liability under the companies act is that of civil liability and elaborate enquiry has to be made on the basis of oral and documentary evidence. it is also the circumstance to be taken ..... two different persons and when the company commits unfair trade practice, there is no reason why the share holder should not file a complaint under the consumer protection act. on merits it held that although the sebi gave permission, it does not absolve the directors who signed the prospectus of the liability to give a correct .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... , of the view that the complaint for replacement cannot be rejected on this ground. 22. hence the main question for consideration is whether the fire followed by explosion or explosion preceding the fire is a result of any manufacturing defect or due to any fault, imperfection or shortcoming in the quality or standard to be maintained. 23. the ..... was tampered with and as the opposite parties 1 and 4 stripped open the vehicle and tampered with the evidence, it can be inferred on account of the act of the opposite parties 1 and 4, it cannot be conslusively attributed to defective material or manufacturing defect. 32. as the car sold to the complainant was ..... the goods supplied or any deficiency in the service for which the complainant paid the consideration, a complaint can be filed under the provisions of the consumer protection act seeking redressal for such defect or deficiency. it is not shown who is the necessary party that is not made a party to the complaint. the complainant made .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the national commission hasheld that the commissioners constituted under the employees' provident funds and miscellaneous provisions act, 1952 and the 1952 scheme extend out service within the meaning of section 2(1)(o) of the consumer protection act, 1986, to the subscriber for consideration as administrative charges are levied and recoverable by the commissioner ..... , the national commission held that the district forum and the state commission exceeded their jurisdiction vested in them while granting relief to the complainant under the act in respect of provident fund claimed by him. 8. in district educational officer and anr. v.m. krishnan kutty, ii (1997) cpj 477, ..... servant. the district forum allowed the claim for interest for the delayed payment. the karnataka state commission held that the consumer fora established under the act had no jurisdiction to undertake enquiry of such a claim and relied on the decision of the punjab state consumer disputes redressal commission in additional .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... was received for the services rendered. we are therefore satisfied that the complainants were consumers within the definition of that expression under section 2(1)(d) of the act. the expression 'service' is also defined under section 2(1)(o) of the act as meaning service of any description including the provision of facilities in connection with, amongst others, transport. in view of the ..... not disputed by the appellant but threefold defences were raised: firstly that the transaction was commercial in nature and therefore the complainants were not consumers under the consumer protection act, 1986 ('the act' for short); secondly, that the hyderabad district forum had no territorial jurisdiction; and thirdly, that the value of 16 boxes in all was shown as rs. 17/122/- and .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... supreme court in state of orissa v.divisional manager, lic and anr., ii (1996) cpj 31 (sc)=air 1996 sc 2519, and contends that under section 2(1)(o) of the consumer protection act, 1986 ( the act for short) service means service of any description but does not include the rendering of any service free of charge or under a contract of personal ..... commissioner, faridabad v.shiv kumar joshi, i (1996) cpj 199 (nc)=1996 (1) cpr 82, by differentiating provident fund under the general provident fund act, 1925 and provident fund collected under employees provident funds and miscellaneous act, 1952 and the schemes framed there under and holding that in the latter case administrative charges were being collected and thus there was consideration for .....
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