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SHAKUNTLA YADAV, R.C.KATHURIA, BANARSI DAS
ALLAHABAD BANK, KURUKSHETRA – Appellant
Versus
ASHOK KUMAR KALRA – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. Ram Chander, Advocate.
For the Respondent:Mr. Ajit Attri, Advocate.

ORDER

Mr. Justice R.C. Kathuria, President— This appeal is directed against the order dated 18.9.2003 passed by the District Consumer Disputes Redressal Forum, Kurukshetra whereby while accepting the complaint of the respondent-complainant direction has been given to the opposite party to pay Rs. 69,000 to the complainant with interest @ 10% per annum from the date of filing the complaint till its realization.

2. Put shortly, the facts of the case as set up in the complaint are that in the year 1995 the complainant took loan of Rs. 1,50,000 for the purchase of a tractor. He had mortgaged his land measuring 74 Kanals situated in Village Masana as per registered mortgage-deed dated 3.1.1995 with the opposite party. For the tractor the complainant was allotted Registration No. 07B-4574. According to the complainant it was envisaged in hypothecation agreement that the opposite party would pay the premium of the insurance in respect of the said tractor and the premium amount would be debited to the account of the complainant. On 5.9.1997 at 10.00 a.m. the aforesaid tractor met with an accident in which one Abudal Gani son of Shri Mishri Lal had died. The father of the deceased preferred c











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