Mr. Justice R.N. Mittal, President—The complainant has pleaded in the complaint that they were carrying on the business as cloth merchants. They got the goods insured with the defendants. It is alleged that on the night of 13/14th January, 1988, theft took place in the shop and goods were stolen. He filed a claim before the Insurance Company which was rejected. Consequently, he filed a complaint before the Commission for recovery of Rs. 85,514/- with interest at the rate of 24% per annum and Rs. 10,000/- as damages.

2. The claim has been contested by the respondents. They have inter alia pleaded thai the Insurance Co. after investigating the claim of the complainant rejected the same. They further stated that in view of the rejection of the claim by them this Commission should not entertain the complaint.

3. We have heard the learned Counsel for the parties. It is not necessary to dilate on the matter as it stands concluded by a decision of the National Commission in M/s Janta Machine Tools v. Oriental Insurance Co. Ltd., I (1991) CPJ 234 (NC). The relevant observations of the Commission are as follows: -

"From the facts disclosed by the record and particularly the averments cont