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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh state consumer disputes redressal commission scdrc hyderabad Year: 2011 Page 2 of about 55 results (0.045 seconds)

Oct 12 2011 (TRI)

Shaji M.K. Vs. the Telecom Regulatory Authority of India Trai), Rep. b ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-12-2011

..... of south central railway extended facility of mobile telephone connection from m/s. tata tele services, wherein he had cug facility. alleging that contrary to the terms of the contract between the south central railway and tata teleservices the latter has been collecting amounts by issuing bills. when he sought for those bills, they did no furnish, and that ..... tele services as well as south central railway, he sought for compensation. 12) it is an undisputed fact that r1 trai is constituted under telecom regulatory authority of india act. the act itself provides an appellate authority empowering to adjudicate disputes between service provider and a group of consumers. it is vested with both legislative and regulatory functions. by no stretch ..... of his privacy, wastage of time and costs. 3) r1 (trai) resisted the case on the ground that the complaint is not maintainable under the consumer protection act. the trai act itself provides an appellate authority empowering to adjudicate disputes between service provider and a group of consumers. it is neither a seller of goods nor service provider. the consumer ..... provided therein. the honble supreme court in general manager, telecom vs. m. krishnan held that the consumer fora have no jurisdiction to decide the issues arising under indian telegraph act, and the customers have to approach the arbitrators for redressal of their grievances. while obtaining the telephone connection it has opted for various services that are being provided by .....

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Aug 10 2011 (TRI)

M/S. Sathyam Associates, Rep. by Its Managing Partner P. Rama Krishna ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Aug-10-2011

..... and therefore the complainant has to pay the consumption charges as per the rates fixed by the authorities i.e. minimum charges of 80% of contracted maximum demand. (cmd) i.e. minimum 50 units per kva per month or actual consumption charges which ever is higher. the opp.party has ..... is open to the complainant to approach the electricity tribunal under section 49 c and 49(1) of indian electricity (andhra pradesh amendment ) act,2000 and the period spent in the wrong forum will be excluded while determining the limitation. in the result this appeal is dismissed and consequently ..... (5) any case pending before any court or other authority immediately before the commencement of the indian electricity (andhra pradesh amendment) act,2000, as would have been within the jurisdiction of a special tribunal shall stand transferred to the special tribunal, having jurisdiction as if the cause ..... gazette, specify for a district or districts, a court of district and sessions judge to be special tribunal to try the offences under this act and determine the compensation to be awarded to the electricity utility where the compensation to be awarded is upto the value of rupees five lakhs; ..... consumer as he owns a factory manufacturing aqua feed. the contention of the respondents/opposite parties is that as per indian electricity (andhra pradesh amendment) act 2000 which came in force on 31.7.2000 constituted special tribunal under section 49 c which reads as follows: ??49-c: (1).constitution .....

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Sep 14 2011 (TRI)

Suraksha Enterprises Vs. Pasham Bhaskar Reddy

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-14-2011

..... relied on a decision of this commission in c. chandra sekhar vs. telco construction equipment company reported in ii (2010) cpj 547. that was a case in regard to a contract for purchase of hydraulic excavator. expatiating it was opined that there was no deficiency in service if machinery is not supplied. however as we could see from section 14 ( c ..... matter does not come even under the explanation which was introduced on the same day i.e. on 15.3.2003 by way of the amendment by the same amendment act, as it is nobody's case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the purpose of earning ..... fact the said fact was not even mentioned in the complaint. therefore it does not attract the exclusion clause defined u/s 2(1)(d)(ii) of the consumer protection act. in support of his contention he relied on a decision of honble supreme court in birla technologies ltd. versus neutral glass and allied industries ltd. reported in cdj 2010 sc ..... ) of the consumer protection act obviously was not brought to the notice which reads as under : 14(c) to return to the complainant the price, or, as the case may be, the charges paid by .....

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Jan 17 2011 (TRI)

M/S Yashoda Super Speciality Hospital Behind Hari Hara Kala Bhavan and ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-17-2011

..... doctor, who treated the patient to prove that there was no negligence involved in the treatment. in both contingencies i.e. ??contract of service and ??contract for service, courts have taken a view that the hospital is responsible for the acts of their permanent staff as well as for the staff, whose services are temporarily requisitioned for treatment of patients. therefore, hospital can .....

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Jan 17 2011 (TRI)

Smt. Vitthala Usha Rani and Another Vs. M/S. Vishal Projects Ltd.

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-17-2011

..... earlier pointed out unerringly indicate that the complainants did not pay the amounts as stipulated under the agreement. there was latches on their part in fulfilling the terms of the contract, however, there was no provision under the agreement to forfeit the amount. what all the builder is entitled to is interest if there is any delay. the builder is equally ..... for consideration are : i. whether the complainants had adhered to the terms of agreements of sale? ii. whether the opposite party was at latches in not performing its part of contract? iii. whether the complainants are entitled to any relief? iv. if so, to what relief? 6) it is an undisputed fact that the opposite party a builder executed two agreements ..... . the honble supreme court in lourdu david vs. louis chinnaya arogiaswamy reported in air 1996 sc 2814 (1) considering section 20 of the specific relief act observed : by virtue of ??section 20 of the specific relief act, 1963 the decree for specific performance is in the discretion of the court but the discretion should not be refused arbitrarily. the discretion should be .....

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Dec 21 2011 (TRI)

Dr. G. Jaya Prakash Vs. Sk. Hameed Khan

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Dec-21-2011

..... and that they should exercise reasonable care in the discharge of their duties. in general, a professional man owns to his client a duty in tort as well as in contract to exercise reasonable care ingiving advise or performing services ? . supreme court then opined as under: ??the skill of medical practitioner differs from doctor to doctor. the very nature of the ..... due care and caution. medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the .....

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May 25 2011 (TRI)

Yelamanchili Sarat Babu Vs. Dr. K. Vishnu Prasad, M.S.(Ortho) Asst. Su ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : May-25-2011

..... , the complainant preferred this appeal. the brief facts as set out in the complaint are that the complainant is a resident of bhadrachalam in khammam dist and was doing civil contract works and for procuring labour for his civil works he used to visit visakhapatnam and srikakulam districts. the first opposite party is an orthopaedic surgeon and neuro surgeon working in ..... and that they should exercise reasonable care in the discharge of their duties. in general, a professional man owns to his client a duty in tort as well as in contract to exercise reasonable care in giving advise or performing services ? . supreme court then opined as under: ??the skill of medical practitioner differs from doctor to doctor. the very nature of ..... due care and caution. medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the .....

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Jan 31 2011 (TRI)

Dr.Abdul Lateef Jabbar Vs. M/S Global Hospitals (a Unit of Ravindranat ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jan-31-2011

..... it was implanted on complainant by opposite party no.1 hospital. hospitals buy the product as per their requirement and there is no privity of contract between the company and the ultimate patients who opt for such treatment. the process involves well established medical procedure and the expertise of doctors in ..... consultation with the doctors. there is no expert opinion to state that trial implantation is necessary and opposite party no.4 has no privity of contract with the complainant. opposite party no.4 also filed medical literature with respect to medtronic pain therapies and sought for dismissal of the complaint. ..... opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill ..... with the hospital. they further submitted that the complainant alleged that the two expert doctors ultimately came to the opinion that the operation and the acts done by the opposite parties failed and the scs must be removed and reintroduced percutaneously and one dr.g.p.dureja asked the complainant to ..... neck, shoulders and upper back but failed to get the required stimulations. the two expert doctors ultimately came to the opinion that the operation and acts done by all the opposite parties failed and the spinal cord stimulator must be removed and re-introduced percutaneously. on 25.2.2008 the complainant .....

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May 25 2011 (TRI)

Dr.D.Ramesh, Sarojini Eye Hospital Vs. Manchikanti Satish @ Satish Kum ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : May-25-2011

..... and that they should exercise reasonable care in the discharge of their duties. in general, a professional man owns to his client a duty in tort as well as in contract to exercise reasonable care in giving advise or performing services ? . supreme court then opined as under: ??the skill of medical practitioner differs from doctor to doctor. the very nature of ..... due care and caution. medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the ..... to regaining of vision as normal. the complainant gave consent for operation and operation was conducted but there was no use and the complainant lost vision. due to the negligent act of the opposite party the complainant lost his vision at his very young age of 31 years. on 27.12.08 a meeting was conducted between the complainants caste elders .....

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Oct 05 2011 (TRI)

The Postal Superintendent Head Post Office Premises Kurnool and Others ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Oct-05-2011

..... making the statement that the same was false or that the fact was suppressed which was material to disclose. a deliberate wrong answer which has a great bearing on the contract of insurance, if discovered may lead to the policy being vitiated in law. ? 12) the documentary evidence would undoubtedly show that the proposal was not accepted before her death. assuming ..... not, in our opinion, very material. it may serve the purpose of social security but then the same should not be obtained with a fraudulent act by the insured. proposal can be repudiated if a fraudulent act is discovered. the proposer must show that his intention was bona fide. it must appear from the face of the record. in a case of ..... her life time. rule 15 of post office life insurance fund makes its clear that ?? a life insurance or endowment assurance contract will be held to commence from the date borne by the policy or written document in which the contract is recorded and the policy will be given to the person insured for custody ? . at the cost of repetition, we may ..... with remarks ?? addressee expired. all this was suppressed by the complainant. rule 15 of the poif rules reads that ?? life insurance contract would be held to commence from the date borne by the policy or written document in which the contract is recorded and the policy would be given to the person assured for custody. the policy did not commence in the .....

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