Mr. Justice D.R. Vithal Rao, President— In this complaint under Section 17 read with Section 12 of the Consumer Protection Act, 1986, the complainant has sought compensation in a sum of Rs. 1,60,300/- from the opposite partiesUnited India Insurance Company.

2. The complainant is having a shop known as M/s. Diamond Jewellary Mart’, Broadway at Hubli. He is a jeweller. The complainant obtained an Insurance Policy on 29.2.89, the period of which was from 29.2.89 to 28.2.90. It was a Burglary and House Breaking policy in respect of his shop. The Insurance amount was Rs. 14,55,000/-.

3. It is the case of the complainant that during the night of 15/16th March, 1989 a theft of burglary took place in the said shop. The complainant came to know of this fact in the morning of 16.3.89 and made a report of the occurrence to the police. The police recorded the Mahazar. At the same time the complainant also filed a claim petition with the opposite party. The opposite party repudiated the claim on some untenable grounds. So the complainant filed the complaint seeking sum of Rs. 85,300/- towards the value of the lost articles; Rs. 65,000/- towards the interest and Rs. 10,000/- as compensation t