ALLAHABAD BANK KURUKSHETRA Vs. ASHOK KUMAR KALRA

JUDGEMENT

(1.) 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 claim petition before the Motor Accident Claims Tribunal which awarded a sum of Rs.69,000 as compensation to him. The compensation so awarded was to be paid by the complainant as it transpired that he had not got the tractor insured nor paid the premium and for that reason there was no insurance cover on the date of the accident. Thereafter, the complainant invoked the jurisdiction of the District Forum seeking direction against the opposite party for payment of Rs.69,000, the amount which was paid by him as compensation. In addition Rs.50,000 as damages on account of mental agony and harassment suffered by him has been claimed. The claim was contested by the opposite party. In the written statement filed, they pleaded that they had advanced loan of Rs.1,50,000 for the purchase of tractor to the complainant. The complainant was liable to pay interest @ 14% on the advanced amount. It was further pleaded by them that the tractor in question and the agricultural land measuring 74 Kanals situated in Village Masana was mortgaged in its favour and the same was registered in the office of the Sub-Registrar, Thanesar on 3.1.1996. It was further maintained that as per Para No.9 of the agreement of the hypothecation dated 7.1.1996, it was the duty of the complainant to get the tractor insured and thus they denied the liability to pay the amount claimed in the complaint. On scrutiny of the pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint and issued direction noticed earlier as per order dated 18.9.2003. It is against this order the present appeal has been filed.

(3.) Learned Counsel representing the parties have been heard at length.