JUDGMENT

Altamas Kabir, J. - This is an appeal under Section 23 of the Consumer Protection Act, 1986 from an order dated 21st November, 2005 passed by the National Consumer Disputes Redressal Commission, New Delhi (for short the Commission) in Original Petition No. 91 of 1999, dismissing the said petition. In order to appreciate the decision of the Commission, the facts of the case are briefly set out hereinbelow:-

2. The appellant-firm, dealing in textile goods, has its showroom in the city of Coimbatore. It was covered by an insurance policy with the New India Assurance Company Limited, respondent No.1 herein, and at the relevant time had an insurance cover for all the stock in trade of textile items and garments. The said policy dated 11th March, 1997, expressly covered damages to the said stock in trade that might be caused due to riots, strike, malicious and terrorist damage.

3. From the materials on record, it appears that the appellant-firm had been enjoying the benefit of loans from the 2nd respondent on the hypothecation of the stock in trade, the value of which was not less than Rs.2 crores at any given point of time. The furnitures, fixtures, fittings and glass plates of