Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... two aspects have to be noted, one the inevitable nature of the treatment for the injuries the first respondent sustained in the accident and secondly the negligence of the doctors of the appellant hospital as also the effect of their negligence in administering the treatment to the first respondent in contract to the subsequent treatment that the first respondent had undergone at ..... the first respondent while proceeding as pillion rider on scooter on 22.4.1995 met with an accident and he was taken to the hospital of the appellant company. ..... the first respondent while proceeding on a scoter met with an accident at about 8 a.m. ..... negligent and the negligence on their part by itself would not entitle the first respondent to claim the damages for the treatment and surgery he had been subjected to, in view of the injuries that he sustained in the accident. ..... in the case on hand the doctors of the appellant hospital had not taken the consent of the first respondent who was very much conscious of the injuries that he sustained in the accident. ..... the first respondent was admitted for treatment of injuries that he sustained in the accident. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... that there was no fencing nor danger boards to the said transformer erected and commissioned by the first opposite party at the behest of the second opposite party resulted in the ghastly accident due to which the second complainant had to go with permanent disability throughout his life and thereby the high expectation of brilliant future of the boy has been shattered. ..... therefore, we are of the opinion that the second opposite party can no more be held responsible for the accident in question which occurred after the flats were sold and possession delivered to the owners, more so after the ..... as it is admitted that the boy climbed the platform to retrieve his kite from the bushings of the transformer accident must have occurred purely due to the carelessness on the part of the victim and negligence on the part of the parents as it is the primary duty of the parents to teach the children about the dangers ..... boy was operated again to remove dead tissues and it became inevitable to remove about 2 to 3 inches more above the elbow. ..... our view that the first opposite party did not act with promptness even after the accident occurred in responding to initiate the steps for providing safety measures. ..... this letter in our view issued within a few days of the accident when the complainants were seriously involved in the resurrecting and treatment of the second complainant in the hospitals as such this letter amenating from a disinterested body is entitled to great weight, as there is no need .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... the second opposite party in its version has clearly stated that on 26.05.2005, the patient approached him by which date the gangrene was set in so it was inevitable for him to amputate the leg above the knee to save life else that gangrene spread spread to other parts of the body. ..... in nutshell, the facts as stated in the complaint are that on 28.01.2005 the complainant had met with an accident which resulted an injury to his left leg. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
oral order: (r. lakshmi narasimha rao, member) 1. the complaint is filed claiming for declaration that the opposite party has resorted to unfair trade practice and for relief of compensation rs.19,87,951/- for the delay in delivery of the apartment for the period from 1.7.2011 to 31.12.2011, 1.11.2012 to till the date of filing of the complaint i.e., 20.08.2012, interest @ 18% per annum from the date of complaint till delivery of possession of the apartment and completion of common facilities and club house, relief for adjustment of amounts due from the complainants towards the compensation amount liable to be paid by the opposite party and for withdrawal of demand-cum-invoice dated 5.5.2012 and for declaration that the opposite party is not entitled to claim service tax till submission of invoice. 2. the averments of the complaint are that on promise made by the opposite party, the complainants entered into agreement of sale on 22.12.2009 to purchase apartment no.1700 on 17th floor, belvedere building with saleable area of 4761 sft and 3 car parking spaces for a consideration of rs.2,42,30,799/- to be paid in instalments. the complainants submitted that the opposite party promised them that it would deliver possession of the flat with all amenities on 30.06.2011. apart from the sale consideration, the complainants agreed to pay rs.13,21,443/- towards society charges and other charges at the time of taking delivery of possession of the flat or at an earlier date. 3. the .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
oral order: (r. lakshminarsimha rao, member) 1. the appeals are filed by the human rights and consumer protection cell on behalf of the individual complainants against the order of the district forum whereby the respondent was directed to refund the amount paid by the complainants with interest @9% p.a. from the date of the order. in all the five appeals, common question of facts and law are involved and as such they are proposed to be decided by a common order. 2. in each of the appeals, the complainant is the second appellant and he/she filed the appeals through the human rights and consumer protection cell which is the first appellant. the appeals are filed contending that the respondent-company did not obtain layout approval from dtcp before starting booking/sale of plots before december, 2005 and it failed to explain the inordinate delay of 4 years till 8.03.2012 in securing layout from hmda. the appellants contended that the district forum erred in coming to conclusion that there is no deficiency in service on the part of the respondent. f.a.no. 30 of 2013 is taken as lead case. 3. the second appellant filed complaint before the district forum seeking direction to the respondent -company to refund the amount of `1,30,500/- along with interest @ 24 % p.a. and to pay compensation to the tune of `50,000/- and costs. 4. the second appellant joined as a member in the scheme,sai puram ( r ) and the respondent-company issued pass book bearing number 548 to her. the respondent .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
oral order: (per honble sri justice d. appa rao, president) 1) appellant is unsuccessful complainant. 2) the case of the complainant in brief is that his wife late smt. e. padma along with him went to r1 nursing home on 22.10.2006 where r2 consultant oncologist on his advise got all the tests conducted as recommended by him, and on his request she was admitted in r1 hospital on 29.10.2006. prior to it she underwent laparatomy. she was operated on 1.11.2006 and due to his negligence complications were developed, and her condition was deteriorated on 2.11.2006. on 5.11.2006 she was put on ventilator. he was advised to shift the patient to r3 global hospital on 6.11.2006 for commercial reasons. at about 9.00 p.m. she passed away. he was charged about rs. 83,000/- by r3 global hospital. this is all stage managed in order to cover up negligence, and also to gain monetary advantage. though her survival was remote r2 got her admitted in r3 hospital which abundantly supports r2s intention to make additional amount of rs. 3,83,000/-. alleging deficiency in service and medical negligence he claimed rs. 3 lakhs towards compensation, rs. 1 lakh towards damages and rs. 83,000/- towards charges collected by r3 hospital in all rs. 4,83,000/-. 3) r1 hyderabad nursing home resisted the case. it alleged that the complainant was not a consumer. in fact it is one of the well recognized hospitals in the twin cities, and has been running since 1973 without any complaint or controversy. after, the .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... was no agreement to provide marble flooring but ceramic tiles as per complainants choice was fixed and regarding cracks, it was contended that they used super quality material and one or two air cracks are inevitable. .....
Tag this Judgment!Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad
..... number of pressures as is inevitable in the application of forces may result in some damage to the foetus and leave some injuries or marks to the head or other parts of the body. .....
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