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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: andhra pradesh Year: 2011 Page 7 of about 103 results (0.051 seconds)

Sep 20 2011 (TRI)

The Branch Manager Union Bank of India Manakondur Branch Karimangar Di ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-20-2011

..... the parties. having consented the complainant is debarred from filing the present complaint. pre-cancellation of bank guarantee during subsistence of the period was opted by the complainant as against contract between the parties. letter of guarantee would clearly establish that it was not entitled for refund of commission as the agreement did not provide. under two circumstances refund of bank ..... refund rs. 8,437.50. the complainant having received the said amount again filed the complaint claiming for balance. the refund of commission depends upon terms and conditions of the contract. the contention that the bank rules are biased and against the principles of natural justice cannot be gone into as it is beyond the jurisdiction of consumer fora. it is ..... contract entered by it. there is no reason why the complainant had agreed the amount which was directed to be paid by banking ombudsman towards full and final settlement. it is ..... 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 .....

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Jul 26 2011 (TRI)

Dtdc Courier and Cargo Ltd. Rep. by Regional Manager and Another Vs. M ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-26-2011

..... cover to ensure that their interests are fully protected in all events. ? the supreme court finally opined that the national commission was right in limiting the liability undertaken in the contract entered into by the parties and in awarding the amount for deficiency in service to the extent of the liability undertaken by the respondent. 9) in fact this decision has ..... limited their liabilities, the question arises: whether the state commission or the national commission under the act could give relief for damages in excess of the limits prescribed under the contract ? the supreme court had considered the terms of the contract in such a case. it held ??it is true that ..... the limit of damages woulddepend upon the terms of the contract and facts in each case. in ansons laws of ..... the act is a protective legislation to make available inexpensive and expeditious summary remedy. there must be a finding that the respondent was responsible for the deficiency in service, the consequence of which would be that the appellant had incurred the liability for loss or damages suffered by the consumer due to deficiency in service thereof. when the parties have contracted and .....

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Jul 26 2011 (TRI)

The Branch Manager National Insurnace Company Ltd. and Another Vs. Sye ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Jul-26-2011

..... , vs. asha goel (smt) and another reported in (2001) 2 scc page 160 has held that: ??the duty to disclose material fact continues right up to the conclusion of the contract and also implies any material alteration in the character of the risk which may take place between the proposal and its acceptance. if there are any mis-statements or suppression ..... the pecuniary jurisdiction of the dist. forum as the interest claimed at 36% p.a., from the date of claim and would come to rs. 25 lakhs. since the insurance contracts are based on principles of good faith the complainant having breached the same he would not be entitled to any amount. in fact the sessions judge while disposing of s ..... signatures of his wife, and subsequently killed her and got the sessions case acquitted, and therefore he was not entitled to any amount as per section 45 of the insurance act. the dist. forum had neither territorial jurisdiction or pecuniary jurisdiction, and therefore prayed that the complaint be dismissed. 7) during the course of hearing the appellant insurance company filed an ..... not reasons for coming to such a conclusion. at the outset, we may state that rules of evidence of the evidence act or the procedure contemplated under cr.p.c. have no application while dealing the cases under the consumer protection act. the principles applicable are principles of natural justice, equity and good conscience etc. be that as it may, when 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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Mar 09 2011 (TRI)

Kuchakula Surendar Reddy and Another Vs. Sikhahara Constructions and O ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Mar-09-2011

..... -registrar and denied the other allegations made in the complaint. opposite parties 4 to 7 filed counter contending that there is no privity of contract between them and the complainant so far as the averments in the complaint are concerned. they submitted that the construction work is in progress ..... cannot be termed as ??consumer of land owners to maintain complaint for the relief claimed against them on the ground that there is no privity of contract and prayed for dismissal of the complaint. we rely on the decision of the apex court in fakir chand gulati v. uppal agencies pvt. ..... deed, aggrieved party has to approach civil court. opposite parties 4 to 7 filed their written arguments contending that there is no privity of contract between and the complainant and that only opposite party no.3 is instrumental in completing the construction and as such there is no deficiency of ..... development agreement. the vendee shall become the member with the other flat owners by complying the rules and regulations of the a.p.apartments act shall apply for all clarifications and other decisions of the association or society. by virtue of this sale deed the vendees have become absolute owners ..... material evidence in support of his case and submitted that there is no deficiency in service. they also submitted that the provisions of consumer protection act, 1986 do not have any application and submitted that they are neither proper nor necessary parties and prayed to dismiss the complaint. the complainant .....

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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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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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Jul 20 2011 (HC)

Sai Kommoju Durga Prasada Rao and Another. Vs. Patnala Babu Rao and Ot ...

Court : Andhra Pradesh

Decided on : Jul-20-2011

..... accepted the transport of the goods for delivery to the consignee, failed to handover the goods to the consignee and thereby, committed breach of the contract and the petitioner being a defaulting party cannot be permitted to contend that the goods came to be retained in exercising lien towards freight charges. he ..... to pay the agreed interest or the statutory interest would come within the purview of the word "debt". further section 433(e) of the companies act does not state that the debt must be precisely a definite sum. it is not a requirement of law that the entire debt must be definite and ..... immediately or at a future date and that inability being referred in the expression "unable to pay its debts" in section 433 of the companies act should be taken in the commercial sense and that the machinery for winding up will not be allowed to utilize merely as a means for realization ..... petitioner firm also retained plastic isolated copper wire sent by the respondent company for being delivered to paramount cables, new delhi. 13. section 433 of the companies act says that a company may be wound up by the court- (a) if the company, has, by special resolution, resolved that the company be wound ..... the property? ii) whether the ratnayamma perfected her right by adverse possession? iii) whether the will executed in favour of d.1 is true, valid and acted upon? iv) whether d2 became owner of plaint schedule by virtue of settlement deed dated 10.04.2003 executed by d1? v) whether suit is barred .....

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Sep 12 2011 (TRI)

Smt. Mutyal Shakuntala and Others Vs. Kuppa Suseela and Others

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

Decided on : Sep-12-2011

..... ,000/- despite the fact that the construction was completed except providing electricity, water, sewerage connection. they have demanded the amount several times. the very complainant herself committed breach of contract. if the balance of sale consideration was not paid within six months from the date of agreement she was liable to pay interest @ 24% p.a. they were entitled ..... property to syndicate bank. when smt. g. lakshmi could not repay the amount they took the proceedings under securitization and reconstruction of financial assets and enforcement of security interest act where op6 husband of the builder op5 has purchased the property under sale certificate ex. b1. in order to prove the said transactions the appellants filed ex. b3 encumbrance ..... husband of op5 builder purchased the very same flat which said to have been purchased by the complainant, under securitization and reconstruction of financial assets and enforcement of security interest act duly executing certificate of sale dt. 30.5.2011. they further alleged that op6 played fraud on the dist. forum. they forged their signatures, engaged an advocate and ..... property to syndicate bank which ultimately sold away the property to op6 husband of op5 under the provisions of securitization and reconstruction of financial assets and enforcement of security interest act evidenced under certificate dt. 30.5.2011. op6 husband of op5 played fraud on them by forging their signatures created ex. a1 agreement of sale in favour of .....

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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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