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KAYAL DINAKARAN, M.S.JANARTHANAM
D. YAKOOB – Appellant
Versus
NILGIRIS DISTRICT CENTRAL CO-OPERATIVE BANK LTD. – Respondent


Counsels for the Parties :
For the Appellant :Mr. K. Sridhar, Advocate.
For the Respondent:Mr. M. Sriram and Mr. T. Ravikumar, Advocates.

ORDER

Thiru Justice M.S. Janarthanam, President—The appeal is directed against the order dated 6.9.1999 on the file of the District Consumer Disputes Redressal Forum, Nilgiris District at Udhagamandalam.

2. The appellant is the complainant while the respondent is the opposite party.

3. Short facts may be related in order to understand the crux of the issue arising for consideration in this action.

4. The complainant is the owner of a photo house located at Charing Cross, Udhagamandalam. The opposite party is the Nilgiris District Central Co-operative Bank Ltd., also located at Charing Cross, Udhagamandalam.

5.d The complainant raised a security loan of Rs. 5,00,000/- from the opposite party for the purchase of a costly electronic equipment in connection with his business of photography. He hypothecated the said instrument with the opposite party. One of the terms and conditions of the grant of loan was to the effect that the equipment purchased should be insured in the joint name of the borrower and the opposite party Bank. The insurance premium has to be paid by the complainant. In the hypothecation agreement, there is also a clause namely, Clause No. 7. According to the said clause, i











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