Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The present complaint has been filed by Rashid Khan claiming a sum of Rs. 1,55,906.43 with interest @ 24% alongwith Rs. 10 lakhs as compensation for harassment and mental torture from the National Insurance Company Ltd. 2. The facts of the case in short are described as under: The complainant had got his double storeyed market complex, Rajdhani Market fitted with all amenities insured against fire for a period of one year from 10.12.1992 to 9.12.1993 for a sum of Rs. 15.00 lakhs with National Insurance Company Ltd. Severe fire broke out in the market premises on 20.12.1992 at 1.00 p.m. causing extensive damage to the building and its amenities. The fire tenders of Fire Brigade on immediate information could extinguish the fire after struggling for hours. Branch Manager, National Insurance Company, City Branch office was informed about the fire accident on 21.12.1992. Shri S.K. Sinha of Pataliputra was appointed as Surveyor to assess the damage and loss who inspe...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The present appeal filed by M/s. Goyal Gas Service through its partner, Shri Subhash Chand Goyal is directed against the order dated 28th October, 1994 passed by the District Forum, Rohtas directing opposite party-appellant to pay a sum of Rs. 1,65,709/- as compensation, Rs. 5,000/- for mental agony and Rs. 500/- as litigation cost within a period of three months failing which the opposite party- appellant would have to pay interest at the rate of 15% per annum on the amount of Rs. 1,65,709/-. 2. The facts of the case in brief are that M/s. S. and R. Enterprises complainant-respondent No. 1 was appointed as a dealer of Handi Gas Product for Rohtas district by the opposite party- appellant on payment of Rs. 50,000/- as security deposit. A sum of Rs. two lakhs was also paid to the opposite party-appellants on 19.8.1990 for supply of 101 units of Handi Gas. The goods were not supplied by the opposite party-appellant inspite of reminder by the complainant- responden...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The present complaint case has been filed by Arun Kumar Mishra and his wife Smt. Sunaina Devi, complainant Nos. 1 and 2 respectively against Dr. Purshottam Singh, opposite party No. 1 and Dr. D.K. Chaudhary, opposite party No. 2 for unskilfully and negligently carrying out operation upon complainant No. 2 causing irrepairable damage to her. The complainants have prayed for an award of compensation of Rs. 4.00 lakhs. 2. The facts of the complaint ease in brief are that the complainant No. 2 had pregnancy of about six months. Sine unfortunately developed pain in lower abdomen with bleeding in her vagina in her village home. She was brought to Arrah and was admitted in the clinic of opposite party No. 1 where it was diagnosed as a case of spontaneous abortion and dilation. Evacuation of uterus was done by opposite party No. 1 and she was discharged from the clinic with some medicines prescribed to be continued. After only five days she again developed pain in lower...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The present complaint has been filed by Rajeev Kumar against Dr. U.K. Biswas, Dr. Hari Ram Yadav and Dr. Dilip Choudhary of Darbhanga to have wrongly treated him for gastriculcer for a long time when he was actually suffering from appendicitis as later on detected at Patna. He had unnecessarily to spend a large sum in pursuing a wrong treatment. He would have lost his life had he not been shifted to Patna for treatment. He has prayed for compensation of Rs. 6.00 lakhs for expenditure incurred by him during the treatment including professional loss and also for mental agony. 2. The fact of the complaint case in short is that the complainant consulted Dr. U.K. Biswas, opposite party No. 1 on 17.11.1994 for severe pain in abdomen who referred him to Dr. Hari Ram Yadav, opposite party No. 2, for barium meal X-ray and to Dr. Dilip Choudhary, opposite party No. 3 for ultrasound scanning besides advising him for T.C. and D.C. of WBC, routine test of urine and stool. Th...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The present complaint has been filed by one Ram Babu against Dr. Anjani Kishore Prasad for spoiling his eye. He has prayed for a Government service or Rs. 6,00,000/- as compensation in relief. He has enclosed with the complaint petition the prescription of the doctor, the opposite party in support of his case. 2. The opposite party filed preliminary show cause stating that the complaint petition may not be maintainable as the same is not supported by any affidavit. The particulars of the complaint have not been specified and vague complaint is not maintainable. The amount of damages prayed is also excessive to create jurisdiction of a superior Court not justified in fact of circumstance of the case. He further stated that the complainant had come to the opposite party with serious condition of aphakis retinal detachment in the right eye which was operated upon by him with due care. The post operation result was encouraging with signs of 'good ridge' as noted in ...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The instant complaint has been filed by Sri Shyam Sundar Pathak against Bihar State Housing Board (hereafter Board) and others for not giving physical possession of plot No. B/187 inspite of allotment of the aforesaid plot in his name by the Board with a prayer to direct the Board to hand over constructive and physical possession over the said plot and compensate the loss amounting to Rs. 5,91,658.70 and also further loss due to price rise of various construction materials on account of deficiency in service of the Board. 2. The complaint in brief is that Sri Pathak got himself registered in the Board, Patna by depositing Rs.50/- on 8.8.1979 and earnest money of Rs. 5,000/- on 1.12.1981 for allotment of a high income group plot at Patna. After investigation and being satisfied, the opposite party No. (iii) issued allotment letter No. 2041/AA dated 21st August, 1991 allotting plot No. B-187 situated at Lohianagar, Patna to the complainant with a direction to him ...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
A.N. Chaturvedi, President: 1. The present appeal is directed against the order dated 18th May, 1994 passed by the District Forum, Hazaribagh, in Case No. 94 of 1993 directing the appellant company (opposite party in the complaint case) to make payment of Rs. 35,000/- alongwith interest amount of Rs. 10,500/- to the respondent (complainant in the complaint case) within one month of the order failing which the appellant would be liable to pay interest on the above amount at the rate of 18%. 2. The brief facts leading to this appeal are that the respondent, Sri Ajit Kumar Singh, got his Tata 407-BR-13-L-0858 insured for compre- hensive risk with the appellant company under policy No. 31540604-01135 dated 27.6.1990. The above vehicle met with an accident at Rajauli Ghati on 1.1.1991. On receipt of information of the accident from the respondent, the appellant deputed surveyor to conduct the spot survey. The appellant then deputed Parminder Singh of M/s. Kaira and Co. who approved a sum of...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
A.N. Chaturvedi, President: 1. This appeal is directed against the order dated 31.3.1995 passed by the District Forum, Muzaffarpur in complaint Case No. 884/94. By the impugned order the District Forum directed for payment of Rs. 2,00,000/- (Rs. two lacs) by the opposite party (appellant in this appeal) to the complainant (respondent in this appeal) by way of compensation and Rs. 1,100/- (Rs. One thousand one hundred) as cost. 2. The case of the complainant (respondent) in his complaint petition was that on 19.1.1993 he was travelling from Muzaffarpur Railway Station to Turkey Railway Station by 527 Up train after purchasing ticket No. 47729. When the said train reached Turkey Railway Station there was no light at the station. While he (complainant) was alighting from the train, it took off without blowing any whistle as a result of which he fell down from the train and his both the legs were chopped off by the wheels of the train. It so happened due to negligence and carelessness on t...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
V.N. Mishra, Member: 1. The facts of the present complaint case are that one Shri Sharad Chandra Jha, an ex-service man got transport loan amounting to Rs. 2,86,284.50 from Bihar State Financial Corporation for purchase of Tata Truck model SE 1210/42 GBC 30. Full payment of Rs. 3,24,774/- for supply of the above model was made by the complainant to M/s. R.S. Himat Singka and Company, opposite party No. 2, the main dealer of the said model of truck, who granted receipt No. 490 dated 18.3.1991 in token of receipt of payment. On not getting the delivery of the truck, the complainant wrote to Tata Engineering and Locomotive Co. Ltd.-opposite party No. 1, on 14.1.1991 to expedite delivery through their main distributor, the opposite party No. 2, who had not supplied the truck so far inspite of full payment made about five months before. The opposite party No. 2 had sent delivery letter dated 25.3.1991 form their Bilaspur office through their Dumka delivery office of sub-dealer M/s. Mithila ...
Tag this Judgment!Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
A.N. Chaturvedi, President: 1. Both the appeals are directed against an order dated 4.5.1995 passed by the District Forum, Munger, in Complaint Case No. 203 of 1994 and hence both the appeals are being disposed of by this common judgment. By the aforesaid impugned order the District Forum directed the opposite parties (appellants) to pay to the complainant a sum of Rs. 70,200/- (Rs. seventy thousand two hundred) jointly or severally as compensation for deficient and faulty service rendered by them together with interest @ 18% per annum from the date of the institution of the claim (13.2.1993) till the realisation of the amount. The District Forum further directed for payment of Rs. 2,000/-. (Rs. two thousand)as compensation for the mental harassment caused to the complainant and Rs. 1,000/- (Rs. one thousand) as the cost incurred for instituting the case. 2. In Appeal No. 217/1995 opposite parties 1 to 4 in the complaint petition are the appellants In Appeal No. 221/1995 the opposite p...
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